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Who should receive reparations in California for slavery? Answers raise more questions

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Who should receive reparations in California for slavery? Answers raise more questions

Antoinette Harrell has spent practically three a long time of her life verifying instances of slavery within the South earlier than and after emancipation.

She visits grave websites, interviews grandparents, explores dusty attics, digs via information and follows all leads she will be able to discover to trace down the household histories that many had been stripped of greater than a century in the past when their ancestors had been break up up and enslaved.

And she or he has recommendation for California’s Reparations Job Power because it prepares to reply the pivotal query of who ought to obtain reparations for slavery.

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State legislation directs the group to prioritize those that hint their lineage to African Individuals enslaved in america. Public consideration has additionally centered on whether or not all Black folks deserve some type of restitution for the lingering results of slavery in a society that continues to discriminate based mostly on pores and skin coloration at this time.

However Harrell, a genealogist and historian, mentioned eligibility based mostly on lineage could also be troublesome and expensive for some to show. Names modified. Households had been damaged aside and trafficked throughout state traces. And particulars died with prior generations.

“The very first thing that many ladies did, and males as effectively, once they turned free is that they walked round for miles and miles looking for their youngsters, looking for their wives, looking for their household, their mom, their father,” mentioned Harrell, who’s certainly one of practically a dozen professional witnesses who will testify earlier than the duty power Tuesday. “Generations later, that search nonetheless continues at this time.”

In its effort to find out who ought to obtain reparations, members of the nine-person panel have discovered that each potential conclusion raises much more questions.

Secretary of State Shirley Weber, who authored the laws that Gov. Gavin Newsom signed into legislation in 2020 to ascertain the duty power, emphasised in January that offering reparations is “a difficulty of descendancy and lineage” and mentioned these with ancestral ties to African Individuals who had been enslaved in america ought to be prioritized.

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Harrell mentioned basing reparations on lineage raises the questions of what ought to qualify as proof in California and whether or not the state ought to present funding for the prices of tracing ancestry. And, if no proof exists, ought to those that consider they’re descendants be excluded from reparations?

“I might not say they need to be capable to show as a result of not everyone goes to have the ability to show,” Harrell mentioned. “Data have been destroyed. Courthouses have been burned. Names have modified three or 4 occasions.”

The questions underscore the complexity of California’s quest to change into the primary state within the nation to approve statewide reparations for slavery.

The nine-member job power appointed by Newsom and legislative leaders — which contains elected officers, civil rights leaders, attorneys and reparations consultants — was charged with a mission “to check and develop reparation proposals for African Individuals, with a particular consideration for African Individuals who’re descendants of individuals enslaved in america.”

It is going to problem two experiences to the Legislature. The primary is anticipated to be printed June 1 and embody findings to assist the existence of state-sanctioned racism rooted in slavery from earlier than and after emancipation to the current day.

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The second report, due in July of subsequent yr, is anticipated to advocate treatments, together with an apology, eligibility necessities for proposed reparations and an outline of find out how to educate the general public on their work. These suggestions should be handed in a brand new legislation accepted by the state Legislature and the governor to take impact.

Although the legislation ends the committee’s work after the second report is filed, Assemblymember Reggie Jones-Sawyer (D-Los Angeles) launched a invoice that might preserve the duty power collectively for an additional yr into mid-2024.

“We’d like to have the ability to have that flexibility,” mentioned Jones-Sawyer, who sits on the duty power. “I believe it could be dangerous if all of us disbanded after which folks begin asking questions after we make our conclusions and we’re nonetheless not there to have the ability to speak about that.”

Jones-Sawyer and others mentioned they share Weber’s philosophy that descendants of those that had been enslaved in america ought to be prioritized for reparations in California however famous that among the treatments should lengthen past lineage.

“We ought to be involved about each Black particular person in America,” he mentioned. “And to not be crude, however I’ll be trustworthy with you: When a white racist shoots and kills a Black particular person within the again as a result of they’re Black, they don’t care if you happen to got here in from a slave ship or a cruise ship. They don’t care if you happen to’re an immigrant. They don’t care if you happen to’re from the Caribbean. They don’t care if you happen to’re blended. They’re simply seeing you as Black.”

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Over the past 10 months the duty power has heard testimony from consultants about how federal, state and company insurance policies led to continued discrimination in opposition to Black folks once they tried to purchase a home, lease an residence, search healthcare providers, apply for insurance coverage, qualify for loans, entry public transportation, attend college and in lots of different points of life lengthy after slavery was made unlawful.

In doing so, the group is laying the groundwork to make the case that some treatments ought to have an effect on all Black folks, mentioned Lisa Holder, a civil rights lawyer, activist and scholar on the duty power.

“All of us agree that based mostly on the way in which that the laws was written, based mostly on basic ideas of the motion, we do suppose it’s necessary to provide precedence to descendants of people that had been enslaved in america,” Holder mentioned. “However as a result of the exploitation and discrimination continued after the enslavement period, we even have to think about the descendants of all individuals who skilled that persevering with exploitation after slavery.”

Jones-Sawyer mentioned an enormous precedence for the duty power should be to attempt to get rid of limitations to success for Black folks to start a technique of stopping racism on this nation.

“We’ve obtained to know all Black individuals are harmed,” Jones-Sawyer mentioned. “We have to give you one thing that makes certain that future Black folks aren’t persevering with to be harmed.”

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Erwin Chemerinsky, dean of UC Berkeley College of Legislation, warned the duty power final month that race-based reparations may face authorized challenges.

“In america, beneath present constitutional legislation, and in California beneath Proposition 209, legal guidelines that give a desire on the premise of race are both inherently suspect, or maybe per se unlawful, and due to this fact the query is: How can reparations be structured in a means that might get via judicial assessment?” he advised the duty power.

Voters accepted Proposition 209 in 1996 to ban authorities companies and establishments from giving preferential remedy to folks on the premise of race or gender. In 2020, Weber unsuccessfully pushed a statewide poll measure to repeal the legislation, which she and others argue has deepened inequities in schooling and authorities contracting alternatives.

However Chemerinsky additionally mentioned state legislation solely applies to authorities contracting, employment and schooling. Holder has inspired the duty power to deal with housing, land reparations, mechanisms for bettering healthcare and giving folks tax credit and tax abatements that don’t implicate Proposition 209.

Just like Harrell, she’s additionally involved that not all descendants will be capable to show their ancestry.

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“I believe it’s terribly troublesome to hint your lineage in america again to an enslaved particular person as a result of it was deliberately made troublesome to take action by the ability construction as a result of Africans who had been stolen from Africa had been handled as chattel, handled like cows and horses and pigs,” Holder mentioned.

To assist African Individuals qualify for reparations designed particularly for descendants of those that had been enslaved, Harrell recommends that California cowl the price of proving that lineage, reminiscent of funding public information requests and journey, and associate with nonprofits that hint family tree as a type of reparation.

“To restore family tree is part of debt repairing,” Harrell mentioned. “There’s no sum of money that we will placed on what it takes to restore. I wish to know who I’m. That was a birthright that was taken away from me.”

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As Trump’s lead in popular vote shrinks, does he really have a 'mandate'?

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As Trump’s lead in popular vote shrinks, does he really have a 'mandate'?

In his victory speech on Nov. 6, President-elect Donald Trump claimed Americans had given him an “unprecedented and powerful mandate.”

It’s a message his transition team has echoed in the last three weeks, referring to his “MAGA Mandate” and a “historic mandate for his agenda.”

But given that Trump’s lead in the popular vote has dwindled as more votes have been counted in California and other states that lean blue, there is fierce disagreement over whether most Americans really endorse his plans to overhaul government and implement sweeping change.

The latest tally from the Cook Political Report shows Trump winning 49.83% of the popular vote, with a margin of 1.55% over Vice President Kamala Harris.

If there ever was a mandate, this isn’t it.

— Hans Noel, Georgetown University

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The president-elect’s share of the popular vote now falls in the bottom half for American presidents — far below that of Democrat Lyndon B. Johnson, who won 61.1% of the popular vote in 1964, defeating Republican Sen. Barry Goldwater by nearly 23 percentage points.

In the last 75 years, only three presidents — John F. Kennedy in 1960, Richard Nixon in 1968 and George W. Bush in 2000 — had popular-vote margins smaller than Trump’s current lead.

“If there ever was a mandate, this isn’t it,” said Hans Noel, associate professor of government at Georgetown University.

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Trump’s commanding electoral college victory of 312 votes to Harris’ 226 is clear. And unlike in 2016, when he beat former Secretary of State Hillary Clinton, he won the popular vote and the needed support in the electoral college.

The question is whether Trump can garner significant public support to push through his more contentious administration picks and the most radical elements of his policy agenda, such as bringing in the military to enforce mass deportations.

Democrats say that the results fall short of demonstrating majority public support for Trump and that the numbers do not give him a mandate to deviate from precedent, such as naming Cabinet members without Senate confirmation.

“There’s no mandate here,” Rep. Debbie Wasserman Schultz (D-Fla.) said last week on CNN, noting Trump had suggested using “recess appointments” to get around Senate hearings and votes for his nominees. “What there certainly should not be is a blank check to appoint a chaos Cabinet.”

GOP strategist Lanhee Chen, a fellow at Stanford University’s Hoover Institution who ran for California controller in 2022, rejects such framing by Democrats. He argues that Trump’s victory was “quite resounding,” in large part because it defied expectations.

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In an election that almost all political pundits expected would be close and protracted, he reversed Democrats’ 2020 gains, won all seven battleground states and even made inroads with voters in blue states such as California. Republicans also will take control of the Senate and retain their control of the House.

“Look, if the popular vote ends up having him at 49.6% versus 50.1%, do I think it’s a meaningful difference?” Chen said. “No, I don’t.”

Scholars of American politics have long been skeptical of the idea of a presidential mandate.

The first president to articulate such a concept was Andrew Jackson, the nation’s seventh president, who viewed his 1832 reelection — in which he won 54.2% of the popular vote — as a mandate to destroy the Second Bank of the United States and expand his political authority. In arguing he had the mandate of the people, Jackson deviated from the approach of previous presidents in refusing to defer to Congress on policy.

In “Myth of the Presidential Mandate,” Robert A. Dahl, a professor of political science at Yale University, argued the presidential mandate was “harmful to American public life” because it “elevates the president to an exalted position in our constitutional system at the expense of Congress.”

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Even if we accept the premise of a mandate, there is little consensus on when a candidate has achieved it.

“How do we know what voters were thinking as they cast ballots?” Julia R. Azari, an assistant professor of political science at Marquette University, wrote in a recent essay. “Are some elections mandates and others not? If so, how do we know? What’s the popular vote cutoff — is it a majority or more? Who decides?”

In “Delivering the People’s Message: The Changing Politics of the Presidential Mandate,” she argues that it’s politicians in weak positions who typically invoke mandates. This century, she wrote, presidents have cited mandates with increasing frequency as a result of the declining status of the presidency and growing national polarization.

That’s particularly true of Trump, who has long reveled in hyperbole.

In 2016, he bragged that he’d won in a “massive landslide victory,” even though his electoral college win of 304 to Clinton’s 227 was not particularly dramatic by historic standards and he lost the popular vote by 2 percentage points.

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Four years later, he refused to accept he lost the electoral college and the popular vote to Joe Biden, falsely claiming he was the victim of voter fraud.

When Trump speaks of his supposed mandate, he is not an outlier, but is drawing from bipartisan history.

In the last four decades, no president has won the popular vote by double digits, but politicians including George W. Bush and Barack Obama have increasingly tried to justify their agendas by invoking public support.

When Democrat Bill Clinton defeated Republican President George H.W. Bush and Ross Perot, an independent, in 1992, his failure to win a majority of votes did not stop his running mate, Al Gore, from declaring they had a “mandate for change.” Five days after Clinton was inaugurated, he announced he was creating a task force to devise a sweeping plan to provide universal healthcare.

“In my lifetime, at least,” Clinton told reporters, “there has never been so much consensus that something has to be done.” The effort ultimately failed for lack of political support.

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The fake news is trying to minimize President Trump’s massive and historic victory to try to delegitimize his mandate.

— Karoline Leavitt, incoming White House press secretary

Four years ago, Biden also declared a “mandate for action.”

And while Biden prevailed in the electoral college 306 to 232, his share of the popular vote was 51.3%, hardly a dominant performance.

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As mainstream news outlets have reported on Trump’s shrinking popular margin, Karoline Leavitt, Trump’s incoming White House press secretary, has lashed out at the media.

“New Fake News Narrative Alert!” Leavitt posted on X, adding a red warning light emoji. “The fake news is trying to minimize President Trump’s massive and historic victory to try to delegitimize his mandate.”

Trump’s victory is not by any objective measure “massive or historic.” But Republicans say that news outlets have subjected him to a different standard than they apply to Democratic presidents.

After Clinton won in 1992 after 12 years of GOP presidents, some Republicans note, Time magazine put his face on its cover with the headline “Mandate for Change.”

Clinton won just 43% of the popular vote, one of the lowest shares in U.S. history.

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Presidents sometimes bolster their claims of a mandate by cherry-picking polling results.

On Sunday, Trump’s transition team highlighted new polling from CBS News, claiming it showed “overwhelming support” for his “transition and agenda.”

But even though the poll indicated that 59% of Americans approved of Trump’s handling of the presidential transition, it did not show overwhelming or even majority support for many parts of his agenda.

For example, while Trump won strong backing for his broad immigration plan, with 57% supporting a “national program to find and deport all immigrants who are in the U.S. illegally,” the poll showed far less support — 40% — for his plan to use the military to carry out deportations.

Whatever the popular vote, the Hoover Institution’s Chen argues, Trump is in a strong position because he can count on GOP majorities in both houses of Congress.

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“He’s going to be able to do, from a legislative perspective, largely what he wants to do,” Chen said.

But several GOP senators have already emphasized the importance of requiring FBI background checks for Trump’s more contentious nominees.

It also appears he lacks public support for pushing through his picks without Senate approval. More than three-quarters of respondents, according to the CBS poll, believe the Senate should vote on Trump’s appointments.

Noel, the Georgetown professor, said that Trump’s rhetorical strategy aside, the president-elect might have to move past the “‘I won, so everybody get out of my way’ kind of politics” and work behind the scenes to seek common ground with moderate Republicans and maybe even some Democrats.

“In the past, people have made strong claims about mandates, but then they’ve coupled that with more cautious policymaking,” Noel said. “If Trump doesn’t do that — if he acts like he believes his own story — then we’re in a different, more Trumpian kind of place.”

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Texas could bus migrants directly to ICE for deportation instead of sanctuary cities under proposed plan

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Texas could bus migrants directly to ICE for deportation instead of sanctuary cities under proposed plan

Texas could implement a plan to bus migrants directly to U.S. Immigration and Customs Enforcement (ICE) in an effort to get them processed for deportation, according to media reports. 

The move would be a departure from the state’s program, part of Operation Lone Star, that has bussed thousands of migrants to sanctuary cities, a source told the New York Post. It has yet to be approved by Gov. Greg Abbott. 

Fox News Digital has reached out to Abbott’s office and ICE. 

“We are always going to be involved in border security so long as we’re a border state,” a Texas government source told the newspaper. “We spent a lot of taxpayer money to have the level of deterrent that we have on the border, and we can’t just walk away.”

TRUMP SAYS MEXICO WILL STOP FLOW OF MIGRANTS AFTER SPEAKING WITH MEXICAN PRESIDENT FOLLOWING TARIFF THREATS

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Migrants board a city bus to a shelter intake center after traveling on a bus from Del Rio, Texas, to the Port Authority Bus Terminal in New York City on May 13, 2023. (Victor J. Blue)

Abbott has been especially aggressive in combating illegal immigration, bussing migrants to blue cities in an effort to bring attention to the border crisis. Under the proposed plan, buses chartered by Texas from border cities will be taken to federal detention centers to help ICE agents process migrants quickly, the Post reported.

Texas has been in a legal fight with the Biden administration over its efforts to curb illegal immigration. On Wednesday, an appeals court ruled that the state has the right to build a razor wire border wall to deter migrants. 

Officials have also offered land to the incoming Trump administration to build deportation centers to hold illegal immigrant criminals.

LIBERAL NANTUCKET REELS FROM MIGRANT CRIME WAVE AS BIDEN SPENDS THANKSGIVING IN RICH FRIEND’S MANSION

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“My office has identified several of our properties and is standing by ready to make this happen on Day One of the Trump presidency,” Texas Land Commissioner Dawn Buckingham said during a visit to the border Tuesday.

Authorities have also warned of unaccompanied migrant children being caught near the border. On Thursday, a 10-year-old boy from El Salvador told state troopers in Maverick County, Texas, that he had been lost and left behind by a human smuggler. 

The boy was holding a cellphone and crying, Texas Department of Public Safety Lt. Chris Olivarez posted on X. The child said his parents were in the U.S. 

APPEALS COURT RULES TEXAS HAS RIGHT TO BUILD RAZOR WIRE BORDER WALL TO DETER ILLEGAL IMMIGRATION: ‘HUGE WIN’

On Sunday, troopers encountered an unaccompanied 2-year-old girl from El Salvador holding a piece of paper with a phone number and her name. She told authorities that her parents were also in the U.S. 

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That morning, state troopers also encountered a group of 211 illegal immigrants in Maverick County. Among the group were 60 unaccompanied children, ages 2 to 17, and six special interest immigrants from Mali and Angola. 

“Regardless of political views, it is unacceptable for any child to be exposed to dangerous criminal trafficking networks,” Olivarez wrote at the time. “With a record number of unaccompanied children and hundreds of thousands missing, there is no one ensuring the safety & security of these children except for the men & women who are on the frontlines daily.”

He noted that the “reality is that many children are exploited & trafficked, never to be heard from again.” 

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Opinion: On homelessness, liberal California and the ultraconservative Supreme Court largely agree

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Opinion: On homelessness, liberal California and the ultraconservative Supreme Court largely agree

What does a small, solidly Republican city in Oregon have in common with California’s largest liberal enclaves? All breathed a sigh of relief this year thanks to the far-right U.S. Supreme Court.

The court’s conservative bloc ruled in favor of the city of Grants Pass, Ore., in June, overturning a key lower court ruling on homelessness and clearing the way for local governments to crack down on sleeping in public spaces regardless of the availability of housing or shelter. California’s response to the ruling has become a vivid reminder of not just the intractability of the homelessness epidemic but also the tension between national liberal politics and local policy in Democratic-dominated states and cities.

Some 186,000 people across California lack consistent shelter. Roughly 84% of the state’s voters believe homelessness is a “very serious” problem, a Quinnipiac University poll found, and Democrats and Republicans were in similarly broad agreement on that assessment, at 81% and 85%, respectively. In that light, it’s not surprising that California officials have wasted no time since Grants Pass in implementing their preferred “solution” to the homelessness problem.

From San Diego to San Francisco, state and local workers began disassembling makeshift shelters and camps and displacing the homeless people living in them. Within days, entire blocks were remade across the state. Residents rallied to social media platforms such as Reddit and Nextdoor to exchange strategies for getting homeless encampments removed from their own neighborhoods.

Other California residents have taken the Supreme Court’s ruling and Democratic officials’ exuberant co-sign as further evidence of the nation’s growing disdain for society’s most marginalized. Reports spread of homeless people being ejected from campsites with little or no warning, their pets taken away and medications lost, among other indignities.

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The American Civil Liberties Union and other advocacy groups have condemned the Grants Pass ruling. The chief executive of the National Alliance to End Homelessness said it set a “dangerous precedent.” But the precedent set by California Democrats has arguably been far more dangerous.

During the initial waves of the Golden State’s housing crisis, in the late 1970s, Democratic politicians were reluctant to be seen as overtly antagonistic to the state’s homeless people, many of them veterans of the nation’s wars in Vietnam and Korea. But as the homeless population has grown and diversified, officials have faced deepening NIMBY sentiment not just in California’s well-heeled liberal cities but also in Democratic-leaning working-class communities that increasingly experience the highest rates of homelessness and related problems such as loitering and blight. As a result, anti-homeless policies have become more politically appealing despite being painfully at odds with inclusivity and other virtues Democrats signal on the national stage.

Addressing the housing crisis has been a quintessential and enduring social justice cause for Democrats, encompassing themes that tend to unify the party, including health, economic and racial equity. According to one survey, 82% of homeless adults in California reported having experienced a serious mental health condition, and 65% had used illicit drugs at some point. The state’s Black people are disproportionately affected by homelessness: Despite making up only about 5% of California’s total population, they represent roughly 25% of its homeless people. Such statistics helped liberals frame homelessness as a product of Republican policies weakening social services and promoting unchecked capitalism.

But that view has lost support as homelessness has become more dramatic and visible over the last decade. In some of California’s liberal enclaves, homeless encampments have become full-blown tent cities. Scenes of squalor, drug use and petty crime have spawned a subculture of gonzo-style documentary videos racking up hundreds of thousands of views on YouTube. San Francisco and Los Angeles have the most prominent crises, inviting scrutiny of the latter city’s readiness to host the 2028 Olympics.

Democrats’ conundrum is whether authorities should roust, fine and imprison people residing in public spaces in the interest of answering the broader community’s quality-of-life concerns. Critics have argued that such criminalization is a cruel distraction and that more affordable housing is the only way to meaningfully address the crisis.

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Gov. Gavin Newsom and his predecessor, Jerry Brown, devoted billions of dollars to homelessness prevention and affordable housing even as the homeless population generally continued to grow. Newsom was quick to seize on the conservative Supreme Court’s permission to put punishment ahead of housing, warning cities that if they don’t remove encampments, they risk losing state funding. San Francisco Mayor London Breed, who just lost a reelection bid partly because of concerns about homelessness, likewise promised to be “very aggressive” in removing encampments. Never mind that those displaced by the state’s homeless sweeps often end up occupying another nearby space and returning at a later date.

So how did we get here? California’s ruling Democrats have tried to have it all ways, largely cultivating and tolerating deeply bureaucratic housing development standards while amplifying a booming tech industry populated by employees willing to pay top dollar for homes, dramatically boosting prices. And although Newsom and others have heralded emergency housing and other measures to answer the crisis, the total capacity is far short of the unhoused population. That’s partly because new facilities are often rebuffed by cities such as the L.A. suburb of Norwalk, which recently enacted a moratorium on homeless shelters.

Reducing and preventing homelessness, whatever the underlying motivations, is one of the few civic concerns that bind the political parties together in an age of stark polarization. Beyond the obvious moral merits of the cause, it could provide a road map to arrive at bipartisan solutions for other challenges facing the state and country. Unfortunately, the consensus on homelessness is coalescing around a prescription with little chance of long-term success.

Jerel Ezell is an assistant professor of community health sciences at UC Berkeley.

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