This bill would urge the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of elected or military leaders of the Confederate States of America.

This bill would urge the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of elected or military leaders of the Confederate States of America.

This bill would urge the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of elected or military leaders of the Confederate States of America.

This bill would urge the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of those associated with elected or military leaders of the Confederate States of America.

This bill would urge the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of those associated with the Confederate States of America.

WHEREAS, The Confederate States of America and its secessionist movement were rooted in the defense of slavery; and

WHEREAS, Using the names of elected or military leaders of the Confederate States of America for federal buildings, parks, roadways, or other federally owned property only deepens the pain of those living under the legacy of slavery; and

WHEREAS, The United States of America continues to struggle with racial equality and tolerance; and

WHEREAS, The continued use of names of elected or military leaders of the Confederacy in public places is offensive to Americans who treasure the United States as one nation under God, indivisible, with liberty and justice for all; and

WHEREAS, The horrific shooting deaths of nine African Americans attending church in South Carolina have once again raised the searing issue of racial violence and intolerance; and

WHEREAS, The ensuing images of the killer wrapping himself in the Confederate flag points to the continued use of that emblem of cruel oppression as a way to further demean, offend, and wound whole segments of our society; and

WHEREAS, The use of Confederate leaders names in public schools, buildings, parks, roadways, or other federally owned property in California only serves to further the discriminatory agenda of current sympathizers of the ideology of the Confederate States of America, and is antithetical to Californias mission of racial equality and tolerance; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature respectfully urges the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of elected or military leaders of the Confederate States of America; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each Senator and Representative from California in the Congress of the United States.

WHEREAS, The Confederate States of America and its secessionist movement were rooted in the defense of slavery; and

WHEREAS, Using the names of elected or military leaders of the Confederate States of America for federal buildings, parks, roadways, or other federally owned property only deepens the pain of those living under the legacy of slavery; and

WHEREAS, The United States of America continues to struggle with racial equality and tolerance; and

WHEREAS, The continued use of names of elected or military leaders of the Confederacy in public places is offensive to Americans who treasure the United States as one nation under God, indivisible, with liberty and justice for all; and

WHEREAS, The horrific shooting deaths of nine African Americans attending church in South Carolina have once again raised the searing issue of racial violence and intolerance; and

WHEREAS, The ensuing images of the killer wrapping himself in the Confederate flag points to the continued use of that emblem of cruel oppression as a way to further demean, offend, and wound whole segments of our society; and

WHEREAS, The use of Confederate leaders names in public schools, buildings, parks, roadways, or other federally owned property in California only serves to further the discriminatory agenda of current sympathizers of the ideology of the Confederate States of America, and is antithetical to Californias mission of racial equality and tolerance; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature respectfully urges the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of elected or military leaders of the Confederate States of America; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each Senator and Representative from California in the Congress of the United States.

WHEREAS, The Confederate States of America and its secessionist movement were rooted in the defense of slavery; and

WHEREAS, Using the names of elected or military leaders of the Confederate States of America for federal buildings, parks, roadways, or other federally owned property only deepens the pain of those living under the legacy of slavery; and

WHEREAS, The United States of America continues to struggle with racial equality and tolerance; and

WHEREAS, The continued use of names of elected or military leaders of the Confederacy in public places is offensive to Americans who treasure the United States as one nation under God, indivisible, with liberty and justice for all; and

WHEREAS, The horrific shooting deaths of nine African Americans attending church in South Carolina have once again raised the searing issue of racial violence and intolerance; and

WHEREAS, The ensuing images of the killer wrapping himself in the Confederate flag points to the continued use of that emblem of cruel oppression as a way to further demean, offend, and wound whole segments of our society; and

WHEREAS, The use of Confederate leaders names in public schools, buildings, parks, roadways, or other federally owned property in California only serves to further the discriminatory agenda of current sympathizers of the ideology of the Confederate States of America, and is antithetical to Californias mission of racial equality and tolerance; now; therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature respectfully urges the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of elected or military leaders of the Confederate States of America; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each Senator and Representative from California in the Congress of the United States.

WHEREAS, The Confederate States of America and its secessionist movement were rooted in the defense of slavery; and

WHEREAS, Using the names of those associated with elected or military leaders of the Confederate States of America for federal buildings, parks, roadways, or other federally owned property only deepens the pain of those living under the legacy of slavery; and

WHEREAS, The United States of America continues to struggle with racial equality and tolerance; and

WHEREAS, The continued use of names associated with of elected or military leaders of the Confederacy in public places is offensive to Americans who treasure the United States as one nation under God, indivisible, with liberty and justice for all; and

WHEREAS, The horrific shooting deaths of nine African Americans attending church in South Carolina have once again raised the searing issue of racial violence and intolerance; and

WHEREAS, The ensuing images of the killer wrapping himself in the Confederate flag points to the continued use of that emblem of cruel oppression as a way to further demean, offend, and wound whole segments of our society; and

WHEREAS, The use of Confederate-associated Confederate leaders names in public schools, buildings, parks, roadways, or other federally owned property in California only serves to further the discriminatory agenda of current sympathizers of the ideology of the Confederate States of America, and is antithetical to Californias mission of racial equality and tolerance; now; therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature respectfully urges the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of those associated with elected or military leaders of the Confederate States of America; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each Senator and Representative from California in the Congress of the United States.

WHEREAS, The Confederate States of America and its secessionist movement were rooted in the defense of slavery; and

WHEREAS, Using the names of those associated with the Confederate States of America for federal buildings, parks, roadways, or other federally owned property only deepens the pain of those living under the legacy of slavery; and

WHEREAS, The United States of America continues to struggle with racial equality and tolerance; and

WHEREAS, The continued use of names associated with the Confederacy in public places is offensive to Americans who treasure the United States as one nation under God, indivisible, with liberty and justice for all; and

WHEREAS, The horrific shooting deaths of nine African Americans attending church in South Carolina have once again raised the searing issue of racial violence and intolerance; and

WHEREAS, The ensuing images of the killer wrapping himself in the Confederate flag points to the continued use of that emblem of cruel oppression as a way to further demean, offend, and wound whole segments of our society; and

WHEREAS, The use of Confederate-associated names in public schools, buildings, parks, roadways, or other federally owned property in California only serves to further the discriminatory agenda of current sympathizers of the ideology of the Confederate States of America, and is antithetical to Californias mission of racial equality and tolerance; now; therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature respectfully urges the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of those associated with the Confederate States of America; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each Senator and Representative from California in the Congress of the United States.

 UNFINISHED BUSINESS 

Bill No: SJR 15

Author: Glazer (D), et al.

Amended: 6/27/16

Vote: 21

SENATE FLOOR: 31-2, 1/25/16

AYES: Allen, Beall, Berryhill, Block, Cannella, De León, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Nguyen, Pan, Pavley, Roth, Vidak, Wieckowski, Wolk

NOES: Anderson, Moorlach

NO VOTE RECORDED: Bates, Fuller, Gaines, Morrell, Nielsen, Runner, Stone

ASSEMBLY FLOOR: 59-7, 6/27/16 - See last page for vote

SUBJECT: Confederate States of America

SOURCE: Author

DIGEST:

This resolution urges the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of elected or military leaders of the Confederate States of America.

Assembly Amendments add coauthors.

ANALYSIS: This resolution makes the following legislative findings

1. The Confederate States of America and its secessionist movement were rooted in the defense of slavery.
2. Using the names of elected or military leaders of the Confederate States of America for federal buildings, parks, roadways, or other federally owned property only deepens the pain of those living under the legacy of slavery.
3. The horrific shooting deaths of nine African Americans attending church in South Carolina have once again raised the searing issue of racial violence and intolerance. The ensuing images of the killer wrapping himself in the Confederate flag points to the continued use of that emblem of cruel oppression as a way to further demean, offend, and wound whole segments of our society.

This resolution urges the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of those associated with elected or military leaders of the Confederate States of America.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/29/16)

None received

OPPOSITION: (Verified 6/29/16)

None received

ASSEMBLY FLOOR: 59-7, 6/27/16

AYES: Achadjian, Alejo, Arambula, Baker, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Ting, Wagner, Weber, Wilk, Williams, Wood

NOES: Chávez, Beth Gaines, Gallagher, Mathis, Melendez, Olsen, Patterson

NO VOTE RECORDED: Travis Allen, Atkins, Bigelow, Dahle, Frazier, Gray, Grove, Harper, Jones, Medina, Obernolte, Thurmond, Waldron, Rendon

Prepared by: Karen Chow / SFA / (916) 651-1520

6/29/16 15:56:33

**** END ****

SENATE THIRD READING

STR Bill Id:SJR 15

Author:(Glazer)

As Amended Ver:July 15, 2015

Majority vote

SENATE VOTE: 31-2

SUMMARY: Urges Congress and the President of the United States to rename federal buildings, parks, and properties currently named for elected or military leaders of the Confederate States of America. Specifically, this resolution:

1. Finds and declares that whereas;
2. The Confederate States of America and its secessionist movement were rooted in the defense of slavery.
3. Using names of Confederate leaders on federal property deepens the pain of those living under the legacy of slavery.
4. The United States continues to struggle with racial equality and tolerance and the continued use of Confederate names in public places is offensive to Americans.
5. The horrific shooting deaths of nine African Americans attending church in South Carolina, and images of the shooter wrapping himself in the Confederate flag, points to the continued use of Confederate symbols to demean, offend, and wound whole segments of our society.
6. The use of Confederate leaders' names in public schools, buildings, parks, roadways, or other federally owned property in California only serves to further the discriminatory agenda of current sympathizers of the ideology of the Confederate States, and is antithetical to California's mission of racial equality and tolerance.
7. Resolves that the Legislature urge the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of elected or military leaders of the Confederate States of America, and to transmit copies of this resolution, as specified.

EXISTING LAW: None applicable.

FISCAL EFFECT: None.

COMMENTS: The Southern writer William Faulkner observed that "the past is not dead. It is not even past." Nowhere is this point better illustrated than in this resolution and the contemporary national debate that it represents. Controversy over the public use and display of Confederate names and symbols has a long history, but the issue acquired new urgency after the shooting deaths of nine African Americans while they worshipped in a South Carolina church. The victims had invited a young man to join their service, and he responded by killing them. Investigations into the shooter's background revealed that he was a white supremacist who had, among other things, posted online a picture of himself draped in a Confederate flag. One of the many reactions to the tragic shooting was a call to remove the Confederate flag from the South Carolina statehouse, which was eventually done. In the weeks and months that followed, other Southern localities and institutions removed Confederate symbols and names from public places. Those who support these efforts argue that the Confederacy stood for the defense of slavery and in subsequent years its symbols – especially the Confederate Battle Flag – became symbols of segregation and white supremacy. According to the author, the use of Confederate names, like the Confederate flag, is demeaning and offensive to "those living under the legacy of slavery" and an obstacle to our continuing struggle to achieve racial equality and tolerance.

This resolution, therefore, urges Congress and the President of the United States to "rename any federal buildings, parks, roadways, or other federal owned property that bear the names of elected or military leaders of the Confederate States of America." Should Congress or the President take such action, it is not entirely clear how many place names would be affected. Perhaps the most obvious examples are at least ten military bases in Southern states named for various Confederate generals. Changing the names of these bases seems more than reasonable, especially given that the contemporary United States military is the successor of the Union Army, not the defeated and defunct Confederate Army. Surely there are many other worthy persons for whom these bases could be named. However, changing the name of other federal properties may be more complicated. For example, General Robert E. Lee's home – a mansion occupied by Union forces during the Civil War and dedicated in 1954 as the Robert E. Lee Memorial – sits on the grounds of Arlington National Park in Virginia. Even if the Memorial were renamed, this resolution urges Congress to rename any federal "building" or other property that "bear the names" of Confederate leaders. Given that the mansion was Lee's home, it is difficult to imagine that the building would not bear Lee's name, even if the memorial as a whole were renamed. Nonetheless, this resolution merely "urges" Congress and the President to rename federal properties; it will presumably be up to Congress and the President to develop the details and limits of the renaming project.

Prior Related Legislation: SB 539 (Glazer) of the current legislative session, would have prohibited, as of January 1, 2017, naming any school, park, building or other public property in California after certain persons associated with the Confederate States of America, and would have required the removal of existing Confederate names by January 1, 2017. SB 539 was vetoed by the Governor on the grounds that removal of names from local schools and properties should be handled by local governments and communities.

AJR 26 (Weber), Resolution Chapter 196, Statutes of 2015, encourages Congress to ban government use or display of the confederate flag on federal property and encourages the several states to similarly ban Confederate symbolism in state flags, seals, and symbols.

Analysis Prepared by: Thomas Clark / JUD. / (916) 319-2334 FN: 0003416

Date of Hearing: June 8, 2016

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

SBPCA Bill Id:SJR 15

Author:(Glazer) – As Amended Ver:July 15, 2015

SENATE VOTE: 31-2

SUBJECT: Confederate States of America

KEY ISSUE: should the legislature urge congress and the president of the united states to rename any federal buildings, parks, roadways, or other federally-owned property that bears the name of an elected or military leader of the Confederate states of America?

SYNOPSIS

This resolution urges Congress and the President of the United States to rename federal buildings, parks, and properties currently named for elected or military leaders of the Confederate States of America. The author maintains that the Confederacy and its secessionist movement was rooted in the defense of race-based slavery; that Confederate names and symbols are offensive and painful to those living under the legacy of slavery; and that the continued use of Confederate names is at odds with California's values of racial equality and tolerance. Last year, the author of this measure introduced SB 539, a bill that would have prohibited the use of Confederate names on any state or local property and required renaming of any state or local property that bore the name of a Confederate leader. (SB 539 would have exempted municipalities, such as Fort Bragg.) SB 539 was vetoed by Governor Brown, who contended that renaming the handful of remaining California properties bearing Confederate names (apparently only two schools and one street) would be best handled by local decision makers. Unlike SB 539, which would have enacted a statute with binding effect, this resolution merely "urges" Congress and the President to rename federal properties that bear Confederate names. Were Congress or the President to act on this resolution, it would require renaming at least ten military bases named for Confederate generals, as well as certain national parks, such as the Robert E. Lee Memorial in Arlington, Virginia. Last year's AJR 26 (Weber), which was signed by the Governor, urges Congress to ban the sale or display of any Confederate flag on federal property and encourages the several states to ban the use of Confederate flags and symbols on state property. This resolution under review passed off the Senate Floor by 31-2 vote, with seven members not voting. There is no registered support or opposition to the bill at the time of this writing.

SUMMARY: Urges Congress and the President of the United States to rename federal buildings, parks, and properties currently named for elected or military leaders of the Confederate States of America. Specifically, this measure:

1. Finds and declares that whereas;
2. The Confederate States of America and its secessionist movement were rooted in the defense of slavery.
3. Using names of Confederate leaders on federal property deepens the pain of those living under the legacy of slavery.
4. The United States continues to struggle with racial equality and tolerance and the continued use of Confederate names in public places is offensive to Americans.
5. The horrific shooting deaths of nine African Americans attending church in South Carolina, and images of the shooter wrapping himself in the Confederate flag, points to the continued use of Confederate symbols to demean, offend, and wound whole segments of our society.
6. The use of Confederate leaders' names in public schools, buildings, parks, roadways, or other federally owned property in California only serves to further the discriminatory agenda of current sympathizers of the ideology of the Confederate States, and is antithetical to California's mission of racial equality and tolerance.
7. Resolves that the Legislature urge the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of elected or military leaders of the Confederate States of America, and to transmit copies of this resolution, as specified.

EXISTING LAW: None applicable.

FISCAL EFFECT: As currently in print this measure is keyed non-fiscal.

COMMENTS: The Southern writer William Faulkner observed that "the past is not dead. It is not even past." Nowhere is this point better illustrated than in this resolution and the contemporary national debate that it represents. Controversy over the public use and display of Confederate names and symbols has a long history, but the issue acquired new urgency after the shooting deaths of nine African Americans while they worshipped in a South Carolina church. The victims had invited a young man to join their service, and he responded by killing them. Investigations into the shooter's background revealed that he was a white supremacist who had, among other things, posted online a picture of himself draped in a Confederate flag. One of the many reactions to the tragic shooting was a call to remove the Confederate flag from the South Carolina statehouse, which was eventually done. In the weeks and months that followed, other Southern localities and institutions removed Confederate symbols and names from public places. Those who support these efforts argue that the Confederacy stood for the defense of slavery and in subsequent years its symbols – especially the Confederate Battle Flag – became symbols of segregation and white supremacy. According to the author, the use of Confederate names, like the Confederate flag, is demeaning and offensive to "those living under the legacy of slavery" and an obstacle to our continuing struggle to achieve racial equality and tolerance.

This resolution, therefore, urges Congress and the President of the United States to "rename any federal buildings, parks, roadways, or other federal owned property that bear the names of elected or military leaders of the Confederate States of America." Should Congress or the President take such action, it is not entirely clear how many place names would be affected. Perhaps the most obvious examples are at least ten military bases in Southern states named for various Confederate generals. Changing the names of these bases seems more than reasonable, especially given that the contemporary United States military is the successor of the Union Army, not the defeated and defunct Confederate Army. Surely there are many other worthy persons for whom these bases could be named. However, changing the name of other federal properties may be more complicated. For example, General Robert E. Lee's home – a mansion occupied by Union forces during the Civil War and dedicated in 1954 as the Robert E. Lee Memorial – sits on the grounds of Arlington National Park in Virginia. Even if the Memorial were renamed, this resolution urges Congress to rename any federal "building" or other property that "bear the names" of Confederate leaders. Given that the mansion was Lee's home, it is difficult to imagine that the building would not bear Lee's name, even if the memorial as a whole were renamed. Nonetheless, this resolution merely "urges" Congress and the President to rename federal properties; it will presumably be up to Congress and the President to develop the details and limits of the renaming project.

The Confederate "Lost Cause." According to the author, despite frequent claims that the Confederate side in the Civil War fought to protect states' rights, the declarations published at the time make it clear that the primary issue in the Civil War was slavery and the South's determination to preserve it. When states' rights were invoked, it was most often to defend a state's right to maintain slavery and the social structure that it supported. Indeed, as detailed below, cases like Prigg v. Pennsylvania show that Southerners were more than willing to abandon state's rights and invoke federal power (in the form of the federal Fugitive Slave Act) when it was necessary to preserve slavery.

The view that the Confederacy fought to protect states' rights rather than preserve slavery emerged only after the Civil War. According to a number of historians, the argument that the South had fought the Civil War to protect "states' rights" did not emerge until the 1880s or 1890s. In separate works, historians David Blight, Thomas Brown, Cecilia O'Leary, and James Loewen suggest some possible reasons for this reinterpretation. First, these historians argue, late-19th century efforts at national "reconciliation" between North and South required a changed understanding of the cause of the war. The South could only be reconciled, and the efforts of its troops honored, if the war was about something other than slavery. By the 1890s, it was easier to honor the South and its Confederate soldiers if they had fought for constitutional principles, as opposed to slavery. It was also during the 1880s and 1890s that Southern states faced the first challenges to its Jim Crow segregation laws, most notably in the Civil Rights Cases of 1883, and Plessy v. Ferguson in 1896. The states’ rights argument was convenient in that context, and the re-interpretation of the Confederate "cause" gave Southern segregationists and states' rights advocates an historical pedigree. While the declarations issued by the Southern states at the time of the war claimed that the war was about the preservation of slavery, histories written between the 1890s and 1950s greatly diminished the role of slavery and suggested that the war was about states' rights and Southern honor. (See e.g. David Blight, Race and Reunion: the Civil War in American Memory; Thomas J. Brown, Public Art and the Commemoration of the Civil War; Cecilia O'Leary, To Die For: the Paradox of American Patriotism; James Loewen, "Five Myths About Why the South Seceded," Washington Post, February 26, 2011.)

Prigg v. Pennsylvania and the Myth of States' Rights. The South's opportunistic commitment to states' rights was nowhere better illustrated than in the case of Prigg v. Pennsylvania (1842). That case considered whether the Fugitive Slave Clause of the U.S. Constitution and the Fugitive Slave Act of 1793 preempted so-called "personal liberty" laws enacted by Northern states. Without ever using the word "slave," the Fugitive Slave Clause (U.S. Const., Article IV, Section 2) says that any "person held to service of labor" that escapes to another state is not "discharged from such service or labor, but shall be delivered up on claim of the party to whom such service of labor may be due." This constitutional provision does not say how a claim must be made or how a slave would be "delivered up" to the party making the claim. Congress established a bare-bones procedure with the Fugitive Slave Act of 1793, which allowed a slave owner or his "agent" to capture the alleged runaway and bring him or her before any state or federal judge to obtain a "certificate of removal." This certificate allowed the owner or agent to forcibly take the alleged runaway back to the purported owner. Hoping to protect free black citizens from wrongful seizures, several Northern state legislatures enacted "personal liberty" laws. These laws required agents seeking fugitive slaves to meet state evidentiary and due process requirements, including a requirement that any alleged "runaway slave" receive a jury trial to determine his or her status. While the Fugitive Slave Law required agents to obtain a "certificate of removal" from state courts, the personal liberty laws asserted the state's right to impose minimum standards when agents came before its courts to obtain such a certificate.

In Prigg v. Pennsylvania, the agent of a Southern slave owner sought to forcibly deliver Margaret Morgan, whom the federal census listed as a "free person of color," to a man in Maryland who claimed to own her. Using the higher standards of Pennsylvania's personal liberty law, the court refused to issue Prigg, the owner's agent, a certificate of removal. When Prigg attempted to take Morgan back to her alleged owner without a certificate, he was arrested and charged with kidnapping. Prigg's appeal eventually reached the U.S. Supreme Court. The question before the court was whether the federal Fugitive Slave Act preempted Pennsylvania's personal liberty law. Joseph Story, a New Englander who opposed slavery, but who as a former Federalist advocated a strong national government, issued a mixed ruling. First, he held that the Pennsylvania state law was preempted by the federal law, which provided the "exclusive" manner for returning fugitive slaves (or as we might say today, it "occupied the field" on the return of fugitive slaves.) But Story then went on to say that while Pennsylvania could not pass a law that conflicted with federal law, the states were not required to enforce or participate in the execution of federal law. If the federal government wanted to return fugitive slaves, it could use its own federal courts and federal marshals. State courts and county sheriffs need not take part in it.

Chief Justice Roger Taney, a Southern slave owner and later the author of the infamous Dred Scott decision, wrote a concurring opinion. Taney agreed with the central holding – that federal law preempts state law – but he wrote separately to object to Story's suggestion that states could not be compelled to participate in the enforcement of federal law. Federal law not only preempted state law, Taney believed; it compelled state officials to enforce federal law. If Southerners were supposed to believe in states' rights, no one had told Taney. Like other Southerners, he apparently invoked states' rights when it protected slavery and abandoned it when it threatened slavery. (Prigg v. Pennsylvania reprinted in Hall, et.al. American Legal History: Cases and Materials 233-237 (4th Ed. 2014).) Indeed, the failure of Northern states to bow to federal law was one of the first issues cited in the South Carolina Declaration of Secession.

The South Carolina Declaration of Secession. South Carolina, the first state to secede from the Union, announced its decision to the world with a "Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina," in December of 1860. The Declaration's central contention is that the Union should be dissolved because the federal government had failed to live up to its promise, especially by failing to force Northern states to comply with the federal fugitive slave law. After Northern states started to follow Story's advice by passing laws to prohibit the use of state courts and county sheriffs to enforce federal law, the South demanded a stronger federal law to compel Northern assistance and override Northern state laws. They effectively obtained this with the Fugitive Slave Act of 1850, as part of the compromise that brought California into the Union as a free state. But even this law was not strong enough for South Carolina, as South Carolina's Declaration alleged that Northern states continued to behave in ways that skirted the force of federal law.

Defenders of the view that the South stood for "states' rights" usually cite the Declaration's invocation of the "compact theory" of the federal constitution – the idea that since sovereign states had made the compact sovereign states could leave it – as evidence of the "states' right" interpretation. But defenders of this view ignore the fact that South Carolina justified secession by claiming that the federal government had failed to use its power against the Northern states. The South Carolina Declaration cited the efforts of Northern states to "nullify Acts of Congress" as evidence of "an increasing hostility of the part of the non-slaveholding States to the institution of slavery." The final straw was the election of Abraham Lincoln. The Declaration quoted Lincoln's statement that "Government cannot endure permanently half slave, and half free," to argue that Lincoln planned to abolish slavery in the South (despite Lincoln's repeated assurances that he only sought to prevent the extension of slavery into the Western territories). Lincoln's Republican Party, the Declaration claimed, sought not only to exclude slavery from the territories; it wanted to wage war "against slavery until it shall cease to exist throughout the United States." ("Declaration" reprinted in Hall, supra 253-255.)

In sum, any fair reading of the history of the sectional crisis that precipitated a Civil War must place slavery front and center. While Lincoln and most members of the new Republican Party did not initially seek to abolish slavery in the South, but rather only wanted to prevent the extension of slavery into the territories, the several declarations of secession make it clear that the southern states interpreted Lincoln's election as a threat to the institution of slavery, not states' rights. This resolution, therefore, is based on the well-documented historical interpretation that the "lost cause" of the Confederacy was principally, if not exclusively, the defense of slavery. According to the author and others who support measures similar to this resolution, there is nothing honorable about the Confederate cause and, as such, we should not honor the political and military leaders of the Confederacy by naming federal buildings, parks, roadways, or other federal property after them. Contrary to some of the arguments raised against this and similar measures, both in California and elsewhere, this resolution is not an attempt to re-write history or purge history of unpleasant facts that we would rather forget. Indeed, one could argue that this resolution is not an attempt to forget the past, but rather an effort to remember it for what it actually was. If the Confederacy stood for the preservation of slavery and its accompanying social structure, the author believes, then this nation should have "no interest in enshrining the names of those associated with the Confederacy, its secessionist movement, or [its] ideals in our public schools, buildings, parks, or other federal property."

The Edmund Pettus Bridge and the Complexity of Historical Names and Symbols: It is difficult to disagree with the author's central premise that we have no obligation to honor historical actors who fought for things that are contrary to our shared values as a nation. Few if any nations honor traitors, after all. However history and collective memory are not always so simple. How and why persons or events are remembered, and the meanings we attach to them, change over time. For example, if most Americans associate the Edmund Pettus Bridge with any historical person or event, they associate it with one of the key events of the modern Civil Rights movement: the march from Selma to Montgomery, Alabama, led by Martin Luther King, Jr., and others, to pressure President Lyndon Johnson to support, and Congress to enact, what became the Voting Rights Act of 1965. Americans may be less familiar, however, with the fact that Edmund Pettus was a Confederate general and a leader of the Alabama Ku Klux Klan. In recognition of the role that the bridge and the Selma March played securing passage of the Voting Rights Act, the Edmund Pettus Bridge has been designated a National Historic Landmark. Recently, the Alabama NAACP and the Southern Poverty Law Center called for the removal of Confederate names from public schools and other public places in Alabama – including, apparently, from the Edmund Pettus Bridge. However, Congressman and Civil Rights activist John Lewis – who marched with Dr. King across the Edmund Pettus Bridge and was beaten by Alabama peace officers for his efforts – believes that the name of the bridge should not be changed because subsequent history has created a new meaning and association. In an editorial opposing the name change, Lewis wrote:

Renaming the Bridge will never erase its history. Instead of hiding our history behind a new name we must embrace it —the good and the bad.  The historical context of the Edmund Pettus Bridge makes the events of 1965 even more profound.  The irony is that a bridge named after a man who inflamed racial hatred is now known worldwide as a symbol of equality and justice . . . The landmark Voting Rights Act of 1965 was born from the injustices suffered on the Edmund Pettus Bridge, and the Bridge itself represents the portal to which America marched towards a brighter, more unified future. The name of the Bridge will forever be associated with "Bloody Sunday" and the marches from Selma to Montgomery, not the man for whom it was named.

It is unclear whether the designation of the Edmund Pettus Bridge as a National Historic Landmark would make it a federal "park" or federal "property" for purposes of this resolution, or for purposes of any legislation that Congress might subsequently enact. (In addition, because the bridge is part of U.S. Highway 80, it is not entirely clear if it is local, state, or federal property.) But the larger point is that history, collective memory, and how and why history should be recognized in public spaces may be more complicated than this resolution presumes.

Prior Related Legislation: SB 539 (Glazer, 2015) would have prohibited, as of January 1, 2017, naming any school, park, building or other public property in California after certain persons associated with the Confederate States of America, and would have required the removal of existing Confederate names by January 1, 2017. SB 539 was vetoed by the Governor on the grounds that removal of names from local schools and properties should be handled by local governments and communities.

AJR 26 (Weber, Chapter 196, 2015) encourages Congress to ban government use or display of the confederate flag on federal property and encourages the several states to similarly ban Confederate symbolism in state flags, seals, and symbols.

REGISTERED SUPPORT / OPPOSITION:

Support

None

Opposition

None

Analysis Prepared by: Thomas Clark / JUD. / (916) 319-2334

 THIRD READING 

Bill No: SJR 15

Author: Glazer (D), et al.

Amended: 7/15/15

Vote: 21

SUBJECT: Confederate States of America

SOURCE: Author

DIGEST:

This resolution urges the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of elected or military leaders of the Confederate States of America.

ANALYSIS: This resolution makes the following legislative findings

1. The Confederate States of America and its secessionist movement were rooted in the defense of slavery.
2. Using the names of elected or military leaders of the Confederate States of America for federal buildings, parks, roadways, or other federally owned property only deepens the pain of those living under the legacy of slavery.
3. The horrific shooting deaths of nine African Americans attending church in South Carolina have once again raised the searing issue of racial violence and intolerance. The ensuing images of the killer wrapping himself in the Confederate flag points to the continued use of that emblem of cruel oppression as a way to further demean, offend, and wound whole segments of our society.

This resolution urges the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of those associated with elected or military leaders of the Confederate States of America.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 1/20/16)

None received

OPPOSITION: (Verified 1/20/16)

None received

Prepared by: Karen Chow / SFA / (916) 651-1520

1/20/16 15:40:04

**** END ****

 THIRD READING 

Bill No: SJR 15

Author: Glazer (D), et al.

Amended: 7/15/15

Vote: 21

SUBJECT: Confederate States of America

SOURCE: Author

DIGEST:

This resolution urges the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of elected or military leaders of the Confederate States of America.

ANALYSIS: This resolution makes the following legislative findings

1. The Confederate States of America and its secessionist movement were rooted in the defense of slavery.

2. Using the names of elected or military leaders of the Confederate States of America for federal buildings, parks, roadways, or other federally owned property only deepens the pain of those living under the legacy of slavery.

3. The horrific shooting deaths of nine African Americans attending church in South Carolina have once again raised the searing issue of racial violence and intolerance. The ensuing images of the killer wrapping himself in the Confederate flag points to the continued use of that emblem of cruel oppression as a way to further demean, offend, and wound whole segments of our society.

This resolution urges the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of those associated with elected or military leaders of the Confederate States of America.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 8/13/15)

None received

OPPOSITION: (Verified 8/13/15)

None received

Prepared by: Karen Chow / SFA / (916) 651-1520

8/18/15 12:42:11

**** END ****