Democracy Discrimination and Disability

by Gary Mackenstadt

Gary Mackenstadt

In analyzing the American democracy, we find that it is evolutionary and unique in comparison to other democracies. In considering what has been called the American experiment, the American democracy should be separated from other democracies primarily because of structural differences including the electoral college, a bicameral legislature and the existence of 50 state governments.   The existence of the electoral college in and of itself is anti-democratic. The founding fathers created the electoral college to safeguard the people from having too much power. To illustrate this point, the elections of 1876, 2000 and 2016 were won by Rutherford B Hayes, George Bush and Donald Trump, none of whom won the popular vote.  

Thomas J Wertenbaker was a renowned American historian during the 1930s and 40s.  He put forth the thesis that during the 17th and 18th centuries Europeans came to the east coast of North America and began moving west.   While stealing land from the Native Americans, and introducing slavery to North America, some of the initial settlers from England and elsewhere practiced religious bigotry. The Puritans came to America for religious freedom because of the issues they had with their own treatment in practicing their religion. Yet, when they came to America the same Puritans hung Quakers for their religious beliefs. 

The so-called American revolution was actually a war for independence from Britain.  The War for Independence ended in 1781 and was settled by the Treaty of Paris in 1783. In 1787, the Constitution was adopted to replace the Articles of Confederation and subsequently a bill of rights was added to safeguard some individual rights. it is important that in 1787 slavery of black people still existed. To accommodate the slave states the convention decided to count slaves as 3/5 of a citizen, even though there was no provision for black males to have the vote. Women could not vote and would not have the right to vote in a federal election until 1920.  Women were also unable to own property and divorce was impossible. Only white males of 21 years of age and who owned property could vote. 

After the War for Independence slavery began to dissipate in some northern states. For example, Pennsylvania abolished slavery in 1780, Massachusetts in 1783, New Jersey in 1804, and New York in 1827. 

​After the civil war and the adoption of the 13th amendment, which abolished slavery throughout the United States, including the 11 Confederate states, Congress created reconstruction to transition the 11 states in the south from a slavocracy.  However, Reconstruction was not completed.  In 1876 the Republicans won the presidential election with Rutherford B Hayes. A deal was made between the Republicans and the south to remove those individuals in the 11 former Confederate states who were carrying out the reconstruction programs. President Hayes, who did not win the popular vote, withdrew all officials dealing with Reconstruction.  Jim Crow America was brought about, and we are still feeling remnants of Jim Crow to this day.  

Throughout history immigration to America was an exceptionally hot issue even before the civil war.  In 1856 former President Millard Fillmore of New York ran as a third party “No Nothing” candidate.   His primary issue was immigration.  Maryland was the only state he carried.  

Different treatment based on disability has been apparent throughout the history of American democracy. Disability discrimination   includes blindness, deafness, mobility disabilities, intellectual disabilities as well as mental or emotional disabilities.  Perception and stereotyping frequently are the basis for any kind of discrimination particularly around disability. Polls have shown that blindness is the most feared disability next to cancer.  Historically as late as 1980 blind people were expected to live in institutions specifically designed for blind residents.  Exceptions include blind mathematician Dr Newel Perry (1873 to 1961). With a PHD in mathematics he could only get a job teaching blind children in residential schools for the blind. Dr Jacob Bolotin (1888 to 1924), blind from birth, was a renowned physician of diseases of the heart and lung.  He had to fight his way through medical school. Dr. Jacobus ten Broek, (1911-1968) American disability rights activist, historian and legal scholar taught for 25 years at the University of California, Berkeley.

Dr. ten Broek was the founder of the National Federation of the Blind (NFB) in 1940. Since 1940 the NFB has become the most powerful civil rights organization in the disability field. With affiliates in all fifty states, the district of Columbia and Puerto Rico the NFB is changing what it means to be blind. In the 1950s- and 60s blind people were not afforded the opportunity to teach sighted students in public schools. Through the courts and legislation, the NFB changed the legal status of the blind to teach all students in public schools. Until recently blind people were not allowed to participate in university programs for teaching the use of the long white cane.  This discrimination was based on the negative attitude that blind persons could not teach cane travel to blind people.  Due to this discrimination in 1999 a university program which included blind people was established. 

Blind people were not allowed in the state of Washington to serve on juries until the NFB went to the legislature which passed legislation to eliminate this discrimination in 1977.   Not unlike other protected groups of people, persons with disabilities have made progress through legislation, public education and by creating a more positive environment.  While groundbreaking progress has been made by all the protected groups there is still ignorance, religion, and an unwillingness to afford persons with disabilities an equal opportunity.  Whether the discrimination is based on hatred or pity or negative perceptions the impact is the same on the Individuals’ opportunity to participate fully in the American democracy. We need to safeguard the progress and expand the opportunities of participating in the American democracy.