No more rule of law 6

There can only be liberty under the rule of law.

When government is unconstrained by law, everyone is a potential victim of confiscation of property, imprisonment, or any other arbitrary action of the dictators.

We quote from an article at Townhall, by Kurt Schlichter.

Trigger warning: sarcasm coming up.

We conservatives have spent far too long playing by the old rules when liberals have completely changed the game. There was a time when laws meant what they said, when individual rights were important, when the government did not make it its business to oppress the executive’s ideological opponents, and when principles mattered. But that time has passed.

There’s a new set of rules, and while we don’t have control in Washington right now, we do have control most everywhere else – and someday a conservative will be president again. So there is no reason not to get going right now playing by the same rules the liberals do!

Of course, first we need to understand the basis of the new rules – it’s about having the moral courage to obtain and keep power. Until now, we conservatives have been guided by “principles” and “values” that only serve to distract us from what’s really important. Under the new rules, we will no longer let arbitrary ideas about how America should work get in the way of maximizing our ability to exercise our authority over others. After all, our supremacy is a moral imperative.

We will step beyond obsolete notions about process and embrace the primacy of results. We will stop treating “means” and “ends” like they are distinct and different – as 1984 (Read it – lots of great tactics, techniques and procedures!) teaches, “Power is not a means; it is an end.” Means and ends will flow together seamlessly, and we will stop getting hung-up on how we do things and focus on the real goal under the new rules – consolidating our power for the greater good.

Take the law. Under the old rules, judges were constrained by the plain meaning of the text, but that is far too restrictive. Words must mean what we need them to mean, no more and no less. We have to appoint judges who won’t prattle on about “judicial restraint” and “not legislating from the bench,” and who will reliably rule exactly how we need them to rule on each and every case. Let’s appoint judges, who understand that their purpose is to rationalize rulings that support our policy priorities, not seek some “legally correct” decision that might not. The law of the land is whatever we want it to be!

We should celebrate Judge Roberts’s recent Obamacare decision – it was liberating! He made it clear that when we want a different result, we don’t have to be deterred by the fact that the law means exactly the opposite. He affirmed that judges should interpret statutes – and the Constitution too – based upon a subjective desire for a particular outcome. Think of the possibilities for conservative progress if we aren’t hamstrung by some inconvenient text in a statute or the literal meaning of the words on some ancient parchment!

Where we have control of law enforcement, we have another great opportunity to play by the new rules. There are all sorts of liberal organizations out there shamelessly advocating policies and ideas we disapprove of. As we have learned, we can turn the power of the government upon them to root out this wrongdoing. We do not need to bother with accusing them of any kind of specific crime – why should we restrict our investigations to clear violations of laws? Instead, we can launch fishing expeditions to see what we can dig up – and even if there’s nothing, well, remember that the process is the punishment. Regardless, it’s important to establish that our political opponents will pay a price for presuming to oppose us.

And, naturally, when our allies are accused of breaking the law, we just ignore it. There needs to be two sets of laws – one for us, and one for everyone else. Otherwise, we might be constrained from doing what we please.

And there are other opportunities a huge government can provide us. Beyond audits and blocking vital certifications, the IRS has plenty of juicy information on every American – we can selectively release it to intimidate those who do not support us. And when we get a hold of everyone’s medical records under Obamacare – wow! What an opportunity!

Of course, there will not be any Obamacare. Oh, technically it might be hard to repeal (though getting rid of the filibuster entirely will make it much easier!), but who needs to repeal it when we can just choose not to enforce it? Our next president simply has to instruct the rest of the executive branch that they will not be taking any action with regard to implementing Obamacare, not collecting any of its taxes (they are taxes this week, right?) and not enforcing any of its mandates. Understand that we won’ be refusing to carry out the law – we’ll just be focusing on different executive priorities!

Perhaps the mainstream media will speak up, at least at first. But, you know, the New York Times, NBC and the rest really seem to have way too much power over our national conversation. It just isn’t fair how these big companies drown out the voices of regular people. Heck, these corporate entities are not even people and certainly should not have rights like people do to speak freely and so forth. They are more of a public utility, and frankly, they have not been serving the public good. That’s why we will use the FCC to take charge and oversee the shamefully deregulated mainstream media. …

A 40% surcharge on all Hollywood and Silicon Valley windfall profits would go a long way towards making things fairer – and this has nothing to do with the fact that most Hollywood and Silicon Valley political money goes to our opponents. But don’t worry about our conservative allies in those two fields – if they don’t pay we just won’t prosecute them! But if you’re liberal, watch out! …

This is only the beginning – the new rules liberate us from the constraints that for so long kept us from truly making conservative progress. All those “principles” and “ideals” about right and wrong and all that only served to take our eyes off of the real prize – our power, which we would only use for the common good.

Sure, we were all sad to see the old rules go, but gone they are. Our liberal friends made sure of that. So let’s make the best of it!

Posted under Law, Leftism, Progressivism, United States, US Constitution by Jillian Becker on Wednesday, July 15, 2015

Tagged with ,

This post has 6 comments.

Permalink

Why only heterosexual marriage is rightly the state’s concern 18

Justice Scalia, in his dissent from the Supreme Curt’s ruling that makes same-sex marriage legal throughout the United States (see our post immediately below, Who rules America?), so despised what five of his fellow justices ruled – because they had no right to – that he wrote this :

The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.

His chief concern is that the Supreme Court was exceeding its powers and disastrously changing its proper function as a checking and balancing branch of government. Also, he declared it wrong to shut down the democratic process of debate within the states.

He firmly stated that the issue of same-sex marriage itself was not important to him.

Much as we like his dissenting opinion on the whole, on this point we disagree. While we take no position on any sexual preferences, practices, or proclivities (as long as there is no exploitation or corruption of children involved), we think that the issue of same-sex marriage is important. Its legalization throughout the United States has profound consequences.

Far from augmenting individual freedom, the ruling is radically destructive of it.  

Here is an article that explains why that is the case, by Stella Morabito at The Federalist:

Same-sex marriage is a notion that contains within itself the seeds of its own destruction. I doubt many have thought this through, with the ironic exception of the elites who have been pushing the agenda the hardest.

Most people are weary of it all and going along to get along, especially since dissent has become such a socially expensive proposition, almost overnight. That in itself should deeply concern anyone who values freedom of expression.

Sure, true believers scattered across the land really do think the entire project ends with allowing same-sex couples to marry. Most persist in the blind faith that a federal ban on the standard definition of marriage will have no negative effect on family autonomy and privacy. That’s a pipe dream.

The same-sex marriage agenda is more like a magic bullet with a trajectory that will abolish civil marriage for everyone, and in doing so, will embed central planning into American life. And that, my friends, is the whole point of it. Along with Obamacare, net neutrality, and Common Core, genderless marriage is a blueprint for regulating life, particularly family life.

The Rainbow’s Arc
Unintended consequences usually come about when we are ignorant or maybe lazy about a course of action. But we usually crash land after following an arc of logic, which in this case has gone largely undiscerned and unaddressed in the public square.

Americans are in a fog about how marriage equality will lead to more central planning and thought policing. This is partly because the media and Hollywood only provide slogans to regurgitate while academics and judges push politically correct speech codes to obey.

Let’s explore the fallout of that arc of faulty logic. Included below are some 15 of the gaping holes in the “marriage equality” reasoning that Americans have not thought through.

1. The Kids Are Not Alright
Last month, six adult children from LGBT households filed amicus briefs opposing genderless marriage …

Whenever a parent is missing — for whatever reason — a child feels a primal wound. In this respect, parents belong to their children more than children belong to their parents. We ought to recognize that privileges of civil marriage should ultimately exist for children, not for adults. Children have the right to know their origins and not to be treated as commodities. Same-sex parenting — which increasingly involves human trafficking, particularly with artificial reproductive technologies (see number eight) — deliberately deprives a child of a mother and/or a father. The “marriage equality” agenda requires that such children bear that burden alone and repress their primal wound in silence.

2. Love’s Got Nothing to Do with State Interest in Marriage
“Love is love” is an empty slogan when it comes to state interest in marriage. How two people feel about one another is none of the state’s business. The state’s interest is limited to the heterosexual union because that’s the only union that produces the state’s citizenry.

And it still is, whether the union happens traditionally or in a petri dish. Each and every one of us — equally and without exception — only exists through the heterosexual union. In any free and functioning society, there is a state interest in encouraging as much as possible those who sire and bear us to be responsible for raising us.

3. The Infertility Canard
Just as the state has no litmus test for feelings or motives, it has no litmus test for any heterosexual couple who do not produce children because of intent, infertility, or age. Conflating same-sex couples with childless or elderly heterosexual couples seems to be the fallacy of composition: claiming something must be true of the whole because it’s true of some part of the whole.

Sorry, but the heterosexual union, no matter how it takes place, is the only way any citizen exists, including intersex and transgender citizens. So recognizing that union without prejudice remains the only reason for state interest in marriage.

4. Same-Sex Marriage Will Settle Nothing
It’s only the starting point for a glut of philosophically related demands for state recognition and approval of many other types of relationships, including polygamy and incest. This will mark the sudden beginning of an even more sudden end for same-sex marriage, not so much because those other types of relationships prove immoral, but because they serve as exhibits for the argument that all civil marriage — including same-sex marriage — is unsustainable and discriminatory.

5. “Marriage Equality” Opens the Path for “Unmarried Equality”
There’s a movement waiting in the wings called “unmarried equality,” which argues that all civil marriage should be abolished because it privileges married people over singles. If same-sex marriage becomes the law of the land, it will set the precedent for abolishing marriage. Far from getting the state out of the marriage business, it will invite the state to regulate all familial relationships, particularly those with children. Once the state doesn’t have to recognize your marriage, it is freer to treat your spouse and children as strangers to you.

6. Transgenderism Is a Big Part of This Package
Americans have not thought through the implications of same-sex marriage and how it is logically a big step to erasing all sex distinctions in law. If we become legally sexless, the implications are vast when it comes to how or whether the state will recognize family relationships such as mother, father, son, or daughter. There’s already a push to eliminate sex identification at birth, which could mean removing sex distinctions on birth certificates. This will seem logical because all gender identity non-discrimination laws already presume that everybody’s sex is something arbitrarily “assigned” to them at birth.

7. It’s an Open Invitation for State Licensing of Parents
If we allow the abolition of sex distinctions and civil marriage — both of which are written into the social DNA of same-sex marriage — we logically allow the state to gain greater control over deciding familial relationships. Civil marriage so far has presumed that a child born into a heterosexual union has the default right to be raised by his biological parents together. How can the presumption of maternity or paternity survive in a legal system that recognizes neither sex distinctions nor a marriage relationship?

The bellwethers are out there. MSNBC anchor Melissa Harris-Perry did a “Forward” spot for the Obama administration in which she stated that all children “belong” to communities, not families. Another friend of the Obama administration, gender legal theorist Martha Fineman, calls for state-subsidized care-giving units to replace marriage and the family.

8. Same-Sex Marriage Commodifies Children
You may think artificial reproductive technologies (ART) are fine as an avenue to obtain children for those unable to conceive. But in the context of genderless marriage, ART ramps up the potential for human trafficking. Check anonymousus.com to read testimonies of grief and loss felt by children who were conceived in this manner. Check the movies Eggsploitation and Breeders by the Center for Bioethics and Culture to hear stories of the exploitation of women in the industry. There is definitely an element of human bondage in all of this, particularly because human beings are being deliberately separated from their mothers and fathers, in a way that echoes the wounds of slavery’s separations and the search for one’s roots.

About the next section (9): we are leaving it in, although we care not a jot about any church’s teachings about anything, because freedom of religion must mean freedom to have no religion. The important points this author makes above and below are matters of reason and common sense .

9. It Sets a Head-On Collision Course with Freedom of Religion
The handwriting is on the wall. You need only reflect on how a screaming mob managed to conjure up total surrender from Indiana Gov. Mike Pence so he would reject that state’s Religious Freedom Restoration Act. Catholic Charities is closing its adoption services where same-sex marriage laws pressure them to reject their church’s teachings about marriage and family. Owners of businesses that serve the wedding industry are being forced to either scrap their consciences or shut their doors. Anti-discrimination lawsuits against churches that don’t perform same-sex marriages will undoubtedly increase.

10. It Sets a Collision for Freedom of Speech and Press
Campus speech codes. Social punishment. Firing Brendan Eich as CEO of Mozilla for discovering his thought crime of privately believing in marriage six years prior. The utter compliance of virtually every big business in America, every media outlet, every pundit who is permitted to have a voice in the public square.

11. It’s Especially On a Collision Course with Freedom of Association
I already mentioned that abolishing civil marriage, along with legal sex distinctions, puts the government in a better position to regulate familial relationships, and probably to license parents. If we think deeply about these things, it’s hard to avoid the fact that freedom of association begins with family autonomy, a place where the state is supposed to leave you alone in your most intimate relationships. It’s hard to see how freedom of association is not affected, especially when PC speech codes have everyone constantly checking their chit chat with neighbors, co-workers, and classmates. At Marquette University, staff were told that any conversation or remarks construed to be against same-sex marriage were to be reported to Human Resources, even if just inadvertently overheard.

12. Same-Sex Kills Privacy by Growing Bureaucracy
With the erosion of family autonomy practically guaranteed by the rainbow arc of same-sex marriage, private life will tend to evaporate, just as it always does in centrally planned societies. Distrust grows because people fear punishment for expressing dissenting views. The emphasis on political correctness in the name of equality, coupled with an ever-growing bureaucracy, is a perfect environment in which to percolate a surveillance society.

13. It’s Meant to Be Global
The United States is already punishing countries and threatening to cut off aid if they don’t accept the LGBT agenda. This is especially true of developing countries, in which the whole idea is foreign to over 95 percent of the population. According to a report by Rep. Steve Stockman, corroborated by a Pentagon official, the administration held back critical intelligence from Nigeria which would have aided in locating girls kidnapped by Boko Haram. The new National Security Strategy recently released by the White House makes clear that the LGBT agenda is a global agenda. And it looks a lot like cultural imperialism of the worst kind.

14. It Promises a Monolithic Society of Conformity
In the past year or two, everyone with something to lose by opposing same-sex marriage — with the honorable exception of Eich — seems to have scuttled their principles. Five years ago, the American Psychological Association voted 157-0 — that’s right, ZERO — to support genderless marriage. For an excellent assessment of what this sort of conformity means for a free society, read Brendan O’Neill’s article in Spiked, entitled Gay Marriage: A Case Study in Conformism. The agenda was imposed by elites, entirely due to a methodical blitzkrieg of programs and enforcement dictated from above. Same-sex marriage simply could not come about without suppressing dissent in all of our institutions.

15. Expect More Severe Punishment for Dissent
If you think the bullying of businesses, churches, and individuals who don’t get with the LGBT program now is bad, it promises to get much worse once codified. Is this really the sort of society you wish to live in? Where expressing an opinion from your heart on faith [or lack of it – ed], family, marriage, relationships, love, or the very nature of reality — is routinely attacked as hate speech? Because that is exactly what you need to expect.

Justice Anthony Kennedy made it very clear in his words of the Windsor decision that any dissent on same-sex marriage was tantamount to animus. It is but a short step from presuming animus to punishing dissent.

So perhaps the biggest question hanging in the air is this: What will the authorities decide to do to dissenters?

Who rules America? 1

On Friday the Supreme Court ruled that the Constitution permits same-sex marriage, in that its guarantees of due process and equal protection under the law mean that states cannot ban it.

The ruling makes it legal in all 50 states.

There were four dissenting opinions: those of Chief Justice Roberts and Justices Scalia, Thomas, and Alito.

Here is most of Justice Scalia’s dissent. (The whole of it, and the other dissenting opinions – as well as the entire “opinion of the court” –  can be found here.)

I join the Chief Justice’s opinion in full. I write separately to call attention to this Court’s threat to American democracy.

The substance of today’s decree is not of immense personal importance to me. The law can recognize as marriage whatever sexual attachments and living arrangements it wishes, and can accord them favorable civil consequences, from tax treatment to rights of inheritance. Those civil consequences — and the public approval that conferring the name of marriage evidences — can perhaps have adverse social effects, but no more adverse than the effects of many other controversial laws. So it is not of special importance to me what the law says about marriage.

It is of overwhelming importance, however, who it is that rules meToday’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court.

The opinion in these cases is the furthest extension in fact — and the furthest extension one can even imagine — of the Court’s claimed power to create “liberties” that the Constitution and its Amendments neglect to mention.

This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.

Until the courts put a stop to it, public debate over same-sex marriage displayed American democracy at its best. Individuals on both sides of the issue passionately, but respectfully, attempted to persuade their fellow citizens to accept their views. Americans considered the arguments and put the question to a vote. The electorates of 11 States, either directly or through their representatives, chose to expand the traditional definition of marriage. Many more decided not to. Win or lose, advocates for both sides continued pressing their cases, secure in the knowledge that an electoral loss can be negated by a later electoral win. That is exactly how our system of government is supposed to work. The Constitution places some constraints on self-rule — constraints adopted by the People themselves when they ratified the Constitution and its Amendments. Forbidden are laws “impairing the Obligation of Contracts,” denying “Full Faith and Credit” to the “public Acts” of other States, prohibiting the free exercise of religion, abridging the freedom of speech, infringing the right to keep and bear arms, authorizing unreasonable searches and seizures, and so forth. Aside from these limitations, those powers “reserved to the States respectively, or to the people” can be exercised as the States or the People desire.

These cases [on which the ruling has been given] ask us to decide whether the Fourteenth Amendment contains a limitation that requires the States to license and recognize marriages between two people of the same sex. Does it remove that issue from the political process? Of course not. It would be surprising to find a prescription regarding marriage in the Federal Constitution since, as the author of today’s opinion reminded us only two years ago (in an opinion joined by the same Justices who join him today):

“[R]egulation of domestic relations is an area that has long been regarded as a virtually exclusive province of the States.”

“The Federal Government, through our history, has deferred to state-law policy decisions with respect to domestic relations.”

But we need not speculate. When the Fourteenth Amendment was ratified in 1868, every State limited marriage to one man and one woman, and no one doubted the constitutionality of doing so. That resolves these cases. When it comes to determining the meaning of a vague constitutional provision — such as “due process of law” or “equal protection of the laws” — it is unquestionable that the People who ratified that provision did not understand it to prohibit a practice that remained both universal and uncontroversial in the years after ratification.

We have no basis for striking down a practice that is not expressly prohibited by the Fourteenth Amendment’s text, and that bears the endorsement of a long tradition of open, widespread, and unchallenged use dating back to the Amendment’s ratification.

Since there is no doubt whatever that the People never decided to prohibit the limitation of marriage to opposite-sex couples, the public debate over same-sex marriage must be allowed to continue. But the Court ends this debate, in an opinion lacking even a thin veneer of law.

Buried beneath the mummeries and straining-to-be-memorable passages of the opinion is a candid and startling assertion: No matter what it was the People ratified, the Fourteenth Amendment protects those rights that the Judiciary, in its “reasoned judgment”,  thinks the Fourteenth Amendment ought to protect.

That is so because “the generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions …” One would think that sentence would continue: “…  and therefore they provided for a means by which the People could amend the Constitution”,  or perhaps “… and therefore they left the creation of additional liberties, such as the freedom to marry someone of the same sex, to the People, through the never-ending process of legislation”.  But no. What logically follows, in the majority’s judge-empowering estimation, is: “and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning’. The “we,” needless to say, is the nine of us. “History and tradition guide and discipline [our] inquiry but do not set its outer boundaries.” Thus, rather than focusing on the People’s understanding of “liberty” — at the time of ratification or even today — the majority focuses on four “principles and traditions” that, in the majority’s view, prohibit States from defining marriage as an institution consisting of one man and one woman.

This is a naked judicial claim to legislative — indeed, super-legislative — power; a claim fundamentally at odds with our system of government. Except as limited by a constitutional prohibition agreed to by the People, the States are free to adopt whatever laws they like, even those that offend the esteemed Justices’ “reasoned judgment”.

A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy. …

The strikingly unrepresentative character of the body voting on today’s social upheaval would be irrelevant if they were functioning as judges, answering the legal question whether the American people had ever ratified a constitutional provision that was understood to proscribe the traditional definition of marriage. But of course the Justices in today’s majority are not voting on that basis; they say they are not. And to allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.

But what really astounds is the hubris reflected in today’s judicial Putsch. The five Justices who compose today’s majority are entirely comfortable concluding that every State violated the Constitution for all of the 135 years between the Fourteenth Amendment’s ratification and Massachusetts’ permitting of same-sex marriages in 2003. They have discovered in the Fourteenth Amendment a “fundamental right” overlooked by every person alive at the time of ratification, and almost everyone else in the time since. They see what lesser legal minds— minds like Thomas Cooley, John Marshall Harlan, Oliver Wendell Holmes, Jr., Learned Hand, Louis Brandeis, William Howard Taft, Benjamin Cardozo, Hugo Black, Felix Frankfurter, Robert Jackson, and Henry Friendly— could not. They are certain that the People ratified the Fourteenth Amendment to bestow on them the power to remove questions from the democratic process when that is called for by their “reasoned judgment”. These Justices know that limiting marriage to one man and one woman is contrary to reason; they know that an institution as old as government itself, and accepted by every nation in history until 15 years ago,21 cannot possibly be supported by anything other than ignorance or bigotry. And they are willing to say that any citizen who does not agree with that, who adheres to what was, until 15 years ago, the unanimous judgment of all generations and all societies, stands against the Constitution.

The opinion is couched in a style that is as pretentious as its content is egotistic. It is one thing for separate concurring or dissenting opinions to contain extravagances, even silly extravagances, of thought and expression; it is something else for the official opinion of the Court to do so. Of course the opinions’ showy profundities are often profoundly incoherent. “The nature of marriage is that, through its enduring bond, two persons together can find other freedoms, such as expression, intimacy, and spirituality.” (Really? Who ever thought that intimacy and spirituality [whatever that means] were freedoms? And if intimacy is, one would think Freedom of Intimacy is abridged rather than expanded by marriage. Ask the nearest hippie. Expression, sure enough, is a freedom, but anyone in a long-lasting marriage will attest that that happy state constricts, rather than expands, what one can prudently say.) Rights, we are told, can “rise . . . from a better informed understanding of how constitutional imperatives define a liberty that remains urgent in our own era.”(Huh? How can a better informed understanding of how constitutional imperatives [whatever that means] define [whatever that means] an urgent liberty [never mind], give birth to a right?) And we are told that, “in any particular case,” either the Equal Protection or Due Process Clause “may be thought to capture the essence of a right in a more accurate and comprehensive way,” than the other, “even as the two Clauses may converge in the identification and definition of the right.”(What say? What possible “essence” does substantive due process “capture” in an “accurate and comprehensive way”? It stands for nothing whatever, except those freedoms and entitlements that this Court really likes. And the Equal Protection Clause, as employed today, identifies nothing except a difference in treatment that this Court really dislikes. Hardly a distillation of essence. If the opinion is correct that the two clauses “converge in the identification and definition of [a] right,” that is only because the majority’s likes and dislikes are predictably compatible.) I could go on. The world does not expect logic and precision in poetry or inspirational pop-philosophy; it demands them in the law. The stuff contained in today’s opinion has to diminish this Court’s reputation for clear thinking and sober analysis.

Hubris is sometimes defined as o’erweening pride; and pride, we know, goeth before a fall. The Judiciary is the “least dangerous” of the federal branches because it has “neither Force nor Will, but merely judgment; and must ultimately depend upon the aid of the executive arm” and the States, “even for the efficacy of its judgments.” With each decision of ours that takes from the People a question properly left to them — with each decision that is unabashedly based not on law, but on the “reasoned judgment” of a bare majority of this Court — we move one step closer to being reminded of our impotence.

One of the footnotes reads:

If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.

Civil liberties versus national security 5

The Washington Post reports:

Senators left Capitol Hill early Saturday morning without taking action to extend or replace a controversial surveillance program set to expire at month’s end, paralyzed by a debate over the proper balance between civil liberties and national security.

Our tentative answer to the dilemma: As there’s an administration in power that believes government should control our lives, we would vote for civil liberties over national security; if there were an administration that knows it’s first duty is to protect our freedom, we would trust it not to overstep the mark, so we would vote for national security.

And yet …

Trouble is,  even if we were so lucky as to get a reasonably trustworthy administration, it could all too easily be replaced by another statist gang such as we have at present.

Readers are invited to give their own views on this difficult conundrum.

Posted under Commentary, government, Law, Leftism, liberty, Terrorism, Totalitarianism, tyranny, United States, US Constitution by Jillian Becker on Saturday, May 23, 2015

Tagged with

This post has 5 comments.

Permalink

The Islam-coddling Left blames the victim of Islamic terrorism 3

First Pamela Geller was attacked by terrorists for holding a free speech event. Then she was attacked by the media for the same reason.

Ezra Levant of TheRebel.media looks at the media’s twisted treatment of Geller after the foiled shooting in Garland, Texas.

The left-slanted media want sharia enforced in America rather than US constitutional law.

And not only the left-slanted media. Bill O’Reilly, Laura Ingraham, and Greta van Susteren of Fox News have also blamed Pamela Geller for exercising her free speech rights. Dhimmis all.

However, also on Fox News, the excellent Megyn Kelly argued with Bill O’Reilly and decisively showed him to be wrong – though he still didn’t seem to understand that he was.

Kelly told O’Reilly … the point [Pamela Geller and her organization] were making about free speech was a solid one. The First Amendment, she said, isn’t meant to protect popular speech; it’s meant to protect “the most outrageous, offensive, incendiary speech”. 

O’Reilly countered, “It’s always cause and effect… This is what happens when you light the fuse, you get violence.” Kelly was surprised to hear that, telling O’Reilly he sounds like he’s “attacking the event itself”.

When O’Reilly said he would “do it another way,” Kelly got really fired up and said this:

“You know what else the jihadis don’t like? They hate Jews. Should we get rid of all Jews? That’s the path we’re gonna go down if we don’t stop catering to the jihadis.”

Watch the video here.

Criminal offense 2

In the video below, Pat Condell, our fellow atheist, speaks eloquently about the many ways in which Islam is offensive.

The leader of Britain’s Labour Party, Ed Miliband, says he will ban and punish “Islamophobia” if he becomes Prime Minister, which he very well might if his socialist party wins the forthcoming general election. He is saying this in order to woo Muslim voters. Most Muslim votes go to the Labour Party, but some Muslims say that voting at all is wrong because only Allah must govern mankind. Also, Ed Miliband is Jewish. Are the Muslims who go to the polls likely to cast their votes for a Jewish leader?

If he gets into 10 Downing Street and has his Party make it a crime to criticize Islam, what will happen to Pat Condell? We are pretty certain he won’t stop making his videos, speaking freely, and expressing loud and clear the highly moral loathing and fully justified contempt he has for the criminal religion of Muhammad.

 

Speaking of free speech 5

We learn from Scott Johnson at PowerLine:

On April 15 the William F. Buckley, Jr. Program at Yale inaugurated its annual Disinvitation Dinner. … Keynote speaker was George Will … took up the subject of the parlous state of free speech. … This is a timely speech on an important subject as liberal fascism continues its march through the institutions.

Scott Johnson selects this extract:

Free speech has never been, in the history of our republic, more comprehensively, aggressively and dangerously threatened than it is now. The Alien and Sedition Acts arose from a temporary, transitory fever and were in any case sunsetted and disappeared. The fevers after and during the First World War and in the early culture war era also were eruptions of distemper rooted in local conditions and local issues bound to disappear, which they did.

Today’s attack is different. It’s an attack on the theory of freedom of speech. It is an attack on the desirability of free speech and indeed if listened to carefully and plumbed fully, what we have today is an attack on the very possibility of free speech. The belief is that the First Amendment is a mistake. . . .

Yesterday the Democratic Party, the oldest political party in the world, the party that guided this country through two world wars and is more responsible than any other for the shape of the modern American state — the Democratic Party’s leading and prohibitively favored frontrunner candidate for the presidential nomination announced four goals for her public life going forward, one of which is to amend the Bill of Rights to make it less protective. It’s an astonishing event. She said that she wants to change the First Amendment in order to further empower the political class to regulate the quantity, content and timing of political speech about the political class — and so far as I can tell there’s not a ripple of commentary about this on the stagnant waters of the American journalistic community.

There is also a video of George Will delivering his entire speech. We cannot import it but we hope our readers will treat themselves to it. It is all meat. We assure you the hour passes very quickly.

Libertarianism the wave of the future? 9

The Left likes to believe – as Obama and Harry Reid often iterate – that it is “on the side of history”.

Is history then stuck with those stale and failed ideas of a Marxian stamp propagated by the likes of Kenneth Galbraith, John Maynard Keynes, or the bone-headed strategies of Richard Cloward and Frances Fox Priven?

Or tending back to the Dark Ages with a resurgence of Islam?

Surely not. A civilization that has put a man on the moon; has invented the computer, the internet, the driverless car; that watches the expansion of the universe; that can replace a faulty human heart with a new one; that has used liberty to become rich, knowledgable, and ever more inventive, is not going to go back to communism or the law of the seventh century desert?

Quo vadis then?

The maliciously lefty and deeply nasty New York Times notices a rise in libertarian opinion in America.

Libertarianism has been touted as the wave of America’s political future for many years, generally with more enthusiasm than evidence. But there are some tangible signs that Americans’ attitudes are in fact moving in that direction.

The NYT goes on to substantiate its claim with figures and a chart.

It defines a libertarian, fairly enough, as “someone who believes that the government is best when it governs least”.

There have been visible shifts in public opinion on a number of issues, ranging from increasing tolerance for same-sex marriage and marijuana legalization on the one hand, to the skepticism over stimulus packages and the health-care overhaul on the other hand, that can be interpreted as a move toward more libertarian views.

The Tea Party movement also has some lineage in libertarian thinking. Although polls suggest that many people who participate in the Tea Party movement have quite socially conservative views, the movement spends little time emphasizing those positions, as compared with economic issues.

The perception that the Tea Party – whose chief issue is the need for fiscal responsibility – has “some lineage in libertarian thinking” is remarkable for that newspaper. It seldom removes its red blindfold long enough to replace it for a short time with blinders. For it to see something that is actually there but not obvious is a lucky moment of illumination worth a cheer or two. The author of the article is Nate Silver. Perhaps he found some cunning way to let that uncongenial revelation slip past editorial oversight.

Or perhaps he and his editors think that libertarian thinking is bad anyway. If we didn’t know that to be the case already, there’s a hint of it in what comes later.

The libertarian opinions, revealed by a CNN poll and quoted in the article, are these:

Some 63 percent of respondents said government was doing too much — up from 61 percent in 2010 and 52 percent in 2008 — while 50 percent said government should not favor any particular set of values, up from 44 percent in 2010 and 41 percent in 2008.

The author, apparently not happy to accept what the poll reveals, comments:

Whether people are as libertarian-minded in practice as they might believe themselves to be when they answer survey questions is another matter. Still, there have been visible shifts in public opinion on a number of issues, ranging from increasing tolerance for same-sex marriage and marijuana legalization on the one hand …”

So a tolerance with which he has sympathy …

 … to the skepticism over stimulus packages and the health-care overhaul on the other hand …

So a skepticism he condemns  …

 … that can be interpreted as a move toward more libertarian views.

How confusing for Nate Silver! Libertarians like some of the things he likes. But they also dislike things that he holds dear.

Well, actually, that is the case with us too.

We welcome the spread of libertarian sentiment.

We too see no reason why marijuana should be illegal.

As for same-sex marriage, we think it is an hilarious farce, but would on no account oppose it. A 12-year old boy once defined marriage for us as “a legal union between two or more things”.  Why not  more than two? Why not things or beasts as well as humans?  If – as the argument goes – they love each other? (Well, we said it’s a farce.)

Where we are strongly with libertarians is on the issue of economic freedom. As our contributing commenter Don L often recommends: accept that the Austrian School is right and allow no government interference whatsoever in economic activity – and abolish the Fed. We also advocate keeping taxes (flat-rated) very low. So low that they cannot sustain a government that does much more than it absolutely has to do – protect the liberty of the people, from outside enemies, and domestic criminals. And enforce the law of contract.

But we too have some quarrels with libertarians.

There are those among them who outrageously condone the corruption of children, even the use of them for pornography “as long as they are willing and are paid for their services”!*

Quite a large number of libertarians are historical revisionists, and some who ridiculously and with evil intent deny that the Holocaust ever happened.**

And most libertarians want America to take no notice of what’s going on in the world beyond its borders, except for trade and vacations. As if ignorance is a protection from a world full of expansionist tyrannies and ideologies.

No. None of that.

But a libertarianism that holds individual freedom as the highest value, and knows that it is only possible under the rule of law; and at the same time is committed to preserving the best of everything America has achieved in the past, is a libertarianism that we can – and do – embrace.

 

NOTES:

* We cannot link to articles that discuss this. Access to them is “forbidden”.

**Although the article we link to here does endorse what we say that some libertarians deny  the Holocaust, it goes too far in criticizing Reason and its sponsors.

Who remembers freedom? 5

Yesterday (March 9, 2015), on Fox TV, Charles Krauthammer pointed out to Bill O’Reilly that the Left now has control of almost all the institutions that shape our culture. He is right.

The chief disseminators of ideas – the universities, the entertainment industry, and almost all the press and TV news media – accept and propound Leftist values and aims almost as naturally and unquestioningly as we breathe air. The only exceptions, as Krauthammer pointed out, are Fox News, “three pages of the Wall Street Journal”, and talk radio. Of course the intolerant dictatorship of the Left wants to silence them. The Left brooks no dissent.

Generation after generation is growing up and becoming the workers and welfare-dependents, the rulers and bureaucrats, the parents and teachers, the writers and preachers of what used to be the free world, convinced to a man and woman – and every one of the other 70-plus genders now compulsorily recognized by the Left – that there is such a thing as “social justice”, that it is supremely desirable, and that it can be attained by government controlling the economy, pretending to control the climate, and tightly regulating how and where and for how long people live their lives.

Leftists really do believe that their dogma is “the truth”, and the only good. Just like religions. Which is why we say that the creed of Leftism, though it does without a traditional divinity, is a religion. It has a god of sorts in History, which it holds to be the uber-director of our destiny, warning us, like the Borg in Star Trek: “Resistance is futile.”

Those of us who still cling to the quaint old-fashioned notion that individuals should be free to live and think and act as they choose, and that their freedom should be protected by the rule of objective law, are a fast diminishing minority. Our own descendants will consider us cranks.

America was founded on the idea of individual freedom protected by the rule of law. Because its people were safe and free, they made the United States the mightiest and the most prosperous country of all time.

It was good while it lasted.

Liberty versus equality 2

We extracted these paragraphs from an article we liked in the Washington Post by Professor Jonathan Turley, who, though reputed to be a liberal, does actually seem to have a taste for liberty:

The greatest threat to liberty in France has come not from the terrorists who committed such horrific acts this past week but from the French themselves, who have been leading the Western world in a crackdown on free speech.

Indeed, if the French want to memorialize those killed at Charlie Hebdo, they could start by rescinding their laws criminalizing speech that insults, defames or incites hatred, discrimination or violence on the basis of religion, race, ethnicity, nationality, disability, sex or sexual orientation. These laws have been used to harass the satirical newspaper and threaten its staff for years.

Speech has been conditioned on being used “responsibly” in France, suggesting that it is more of privilege than a right for those who hold controversial views.

In 2006, after Charlie Hebdo reprinted controversial cartoons of the prophet Muhammad that first appeared in a Danish newspaper, French President Jacques Chirac condemned the publication and warned against such “obvious provocations”.

“Anything that can hurt the convictions of someone else, in particular religious convictions, should be avoided,” he said. “Freedom of expression should be exercised in a spirit of responsibility”.

The Paris Grand Mosque and the Union of French Islamic Organizations sued the newspaper for insulting Muslims — a crime that carries a fine of up to 22,500 euros or six months’ imprisonment. French courts ultimately ruled in Charlie Hebdo’s favor. But France’s appetite for speech control has only grown since then. …

Charbonnier [one of the Charlie Hebdo cartoonists] died, as he pledged, standing up rather than yielding. The question is how many of those rallying in the Place de la Republique are truly willing to stand with him. They need only to look more closely at those three statues. In the name of equality and fraternity, liberty has been curtailed in France. The terrible truth is that it takes only a single gunman to kill a journalist, but it takes a nation to kill a right.

While we agree with what Professor Turley’s point, we would put it a little differently. We always prefer to speak of freedom rather than of rights: as in “I am free to ….” rather than “I have a right to …”, because ideally we are free to do anything that a law does not proscribe, and ideally all laws protect freedom.

This is a good place for us to declare another of our long-held convictions. That it is impossible to have both liberty and equality. (Fraternity is a superfluous sentimentality that we’ll simply overlook.)

This seems to us so obvious that we can only wonder why everyone, even the French, can’t see it.

Equality – other than in the eyes of the law – can only be created and maintained by force, so there goes liberty. Leave people free and they will not match each other in accomplishment or anything else.

Where the people are free they are not equal, and where they are equal they are not free.

The Left wants equality. We want liberty.

Older Posts »