Rand Paul and Civil Rights
By 
JAMES  TARANTO
Wall Street Journal
May 20, 2010
Rand Paul was 1 when Congress  enacted the Civil Rights Act of 1964. Now 47, he is the Republican  nominee for U.S. Senate from Kentucky, his first ever foray into  politics. To his evident surprise, the hypothetical question of how he  would have voted in 1964 has been drawing a lot of attention.
Politico's  
Ben Smith characterizes as "evasive" this response  Paul gave when asked the question by National Public Radio (we've  corrected Smith's transcription errors):
"What I've  always said is, I'm opposed to institutional racism, and I would  have--if I was alive at the time, I think--had the courage to march with  Martin Luther King to overturn institutional racism, and I see no place  in our society for institutional racism," he said in response to a  first question about the act.
"You would have  marched with Martin Luther King but voted with Barry Goldwater?" asked  an interviewer.
"I think it's confusing in a lot  of cases in what's actually in the Civil Rights Case (sic)," Paul  replied. "A lot of things that were actually in the bill I'm actually in  favor of. I'm in favor of--everything with regards to ending  institutional racism. So I think there's a lot to be desired in the  Civil Rights--and indeed the truth is, I haven't read all through it,  because it was passed 40 years ago and hadn't been a real pressing issue  on the campaign on whether I'm going to vote for the Civil Rights Act."
In  an update to his post, Smith notes that it wasn't the first time Paul  was asked the question:
Paul articulated his view on the  Civil Rights Act in an interview with the editorial board of the  Louisville Courier-Journal. . . .
Paul explained  that he backed the portion of the Civil Rights Act banning  discrimination in public places and institutions, but that he thinks  private businesses should be permitted to discriminate by race.
"I  like the Civil Rights Act in the sense that it ended discrimination in  all public domains, and I'm all in favor of that," he said. "I don't  like the idea of telling private business owners. . . ."
Smith  is not the only commentator to accuse Paul of being "evasive" or  refusing to give a "straight answer." 
This criticism is absurd. The  politically wise answer would have been "yes"--a straight answer in  form, but an evasive one in substance. Answering the way he did was a  rookie mistake--or, to put it more charitably, a demonstration that Paul  is not a professional politician.
Taken at face value, the  question itself--How would you have voted if you had been in the Senate  as an infant?--is silly. It is a reasonable question only if it is  understood more broadly, as an inquiry into Paul's political philosophy.  The question within the question is: How uncompromising are you in your  adherence to small-government principles?
Paul gave his answer:  Pretty darn uncompromising--uncompromising enough to take a position  that is not only politically embarrassing but morally dubious by his own  lights, as evidenced by this transcript from the Courier-Journal  interview, provided by the left-wing site 
ThinkProgress.org:
Interviewer:  But under your philosophy, it would be OK for Dr. King not to be served  at the counter at Woolworths?
Paul:  I would not go to that Woolworths, and I would stand up in my community  and say that it is abhorrent, um, but, the hard part--and this is the  hard part about believing in freedom--is, if you believe in the First  Amendment, for example--you have too, for example, most good defenders  of the First Amendment will believe in abhorrent groups standing up and  saying awful things. . . . It's the same way with other behaviors. In a  free society, we will tolerate boorish people, who have abhorrent  behavior.
Again, Paul could have given a "straight"  answer to the question--a flat "no"--that made clear his personal  disapproval of discrimination while evading what was really a question  about his political philosophy. Far from being evasive, Paul has shown  himself to be both candid and principled to a fault.
We do mean to  a fault. In this matter, Paul seems to us to be overly ideological and  insufficiently mindful of the contingencies of history. Although we are  in accord with his general view that government involvement in private  business should be kept to a minimum, in our view the Civil Rights Act's  restrictions on private discrimination were necessary in order to break  down a culture of inequality that was only partly a matter of  oppressive state laws. On the other hand, he seeks merely to be one vote  of 100 in the Senate. An ideologically hardheaded libertarian in the  Senate surely would do the country more good than harm.
It's  possible, though, that Paul's eccentric views on civil rights will harm  the Republican Party by feeding the left's claims that America is a  racist country and the GOP is a racist party. Certainly that's what  Salon's 
Joan Walsh is hoping. Here are her comments on a  Rand interview with MSNBC's Rachel Maddow:
You've got to  watch the whole interview. At the end, Paul seemed to understand that  he's going to be explaining his benighted civil rights views for a long,  long time--but he seemed to blame Maddow. "You bring up something that  is really not an issue . . . a red herring, it's a political ploy . . .  and that's the way it will be used," he complained at the end of the  interview. Whether the Civil Rights Act should have applied to private  businesses--"not really an issue," says Tea Party hero Rand Paul.
It's  going to become increasingly clear that the Tea Party movement wants to  revoke the Great Society, the New Deal and the laws that were the  result of the civil rights movement. Paul may be right that his views  are "not really an issue" with his Tea Party supporters, although I have  to think some of them won't enjoy watching him look like a slippery  politician as he fails, over and over, to answer Maddow's questions  directly.
When Paul says this "is really not an issue,"  he is speaking in the present tense. It is quite clear that he means  that the Civil Rights Act, which has been the law for nearly 46 years,  is politically settled; there is no movement to revoke it. In this, he  is correct. Walsh's assertion that this is what the tea-party movement  seeks is either a fantasy or a lie.
It's a curious role reversal:  Rand Paul is a politician; Joan Walsh is a journalist. He is honest,  perhaps too honest for his own good. She is playing the part of the  dishonest demagogue.