Party Like It’s 1852 Again

As the cliché goes, history often repeats itself.  1852 marked the effective end of the Whig Party, a political party that had elected four presidents and that generally favored the supremacy of Congress over the presidency, based on the Constitution.  It evolved for a while into the Know Nothing Party which was virulently anti-immigrant, especially against Catholic immigrants.  Eventually, mostly along regional lines over the issue of slavery, and forged by the Civil War, the modern Republican and Democrat parties emerged.

I am a strong believer in the two-party system.  In my lifetime, our country at times has veered right of center and left of center, depending on the election of one party over the other.  But I believe that the majority of Americans are moderate and centrist, with tendencies that cause them to lean left or right at various times over differing issues, but in the end, we mostly want to stay in the middle of the road.  We stay there without careening blindly over the cliff thanks to our two-party system.  It is self-correcting as one party or the other pulls its opponent back towards the middle when things start to get too wacky.  I am concerned that we are about to lose that balanced system as it appears to me that the Republican Party is about to self-destruct, much like the Whigs in the mid-19th century, over politicians and policies that no longer fit the main stream.  The reasons are many.

Tomorrow is Super Tuesday and by Wednesday morning we may wake up to the inevitability of Mr. Donald Trump (R-Manhattan) as the presumptive Republican nominee for president.  There is no need for me to list the many insults he has thrown at various groups around the country or to point out that he has no literate policy in any area of significance to this country other than to build a wall.  His nomination will create a dilemma for many main stream Republicans.  Support their nominee, chosen by the people and for the people, or not?  Whether or not individual voters continue to support him in the general election, he will have destroyed the Republican Party as we know it.  Even a cursory look at his statements (it is difficult to call them policies) indicate that he is all over the map on defense, foreign policy, healthcare, taxes, understanding the Constitution, trade, the economy and just about everything else. Few of his pronouncements match long-standing Republican policies.  Should he be elected, I am not sure how the rest of the Republican Party will align with his ideas, whether or not the Republicans continue to control both the House and the Senate.  (It may be hard for Republicans to hold onto the Senate with Mr. Trump at the top of their ticket.)  Those that think Mr. Trump will be better than any Democrat may be in for a rude awakening.  Regardless, under Mr. Trump, the Republican Party will not continue to exist as we know it today.

Couple the thought of Mr. Trump as president (gasp!) with current events in the House and Senate. In the House of Representatives, the compromise budget hammered out as former House Speaker John Boehner (R-Ohio) was being driven out of the Congress by his own party is now in jeopardy. The bipartisan agreement on the budget was to make 2016 non-controversial, get the Congress back to the business of running the country, and allow for other issues to get addressed in “regular order.” In the last few days, however, the Republican Freedom Caucus, a group of about 40 Tea Party Representatives that caused the revolt that resulted in the government shut down in 2013, are now threatening to do the same thing again this year.  They do not plan to follow the budget agreement that all sides thought was in place.  Speaker of the House Paul Ryan (R-Wisconsin) is going to have his hands full dealing with this rebellion, just as Speaker Boehner did before him.  In many ways it is a battle within the Congress, among Republicans, as to the future of their party.

In the Senate, not much is getting accomplished.  Senate Majority Leader Mitch McConnell (R-Kentucky) seems intent on shutting the government down through inaction.  So far, nothing of substance that President Obama put forward has been, or apparently will be, considered. Senator McConnell and his fellow Republicans have moved from just disagreeing with or opposing the president’s policies, to being down right insulting.  There are numerous examples as to how they are doing this to a “lame duck” president (for the record, an elected official is a lame duck only after an election where their replacement has been duly elected — not the full last year in office), but let me just throw out a few.

Earlier this month, the president sent his budget plan for fiscal year 2017 to the Congress. Before it officially arrived in the House and Senate, the Republican leadership rejected it in total.  Their prerogative of course, but one would think that they should actually take a look at it before rejecting it. However, that was not sufficient in their view.  For the first time in 41 years, the Congress did not even provide the courtesy of inviting the budget director to testify before Congress about what was in the plan. The Republican chairs of the respective budget committees announced before the budget was released that they would not invite the director to testify because they were not interested in knowing anything about what was in it.

Another example can be found in the video released last week by Senator Pat Roberts (R-Kansas) where he makes a show of taking President Obama’s plan to close down the prison at Guantanamo Bay Cuba and wadding it up into a ball and shooting it into the trash can without reading it.  One may disagree about the efficacy of closing the prison, but why make it into an insult?  (See: Trump, Donald.)

Biggest in the news, and the one that most worries me, is the refusal of the Senate leadership to abide any nomination by the president to fill the vacancy on the Supreme Court following the untimely passing of Justice Antonin Scalia.  No nominee is named — but they already promise to refuse to provide even the most basic of traditional American political processes and will not meet with the nominee.  I have seen the tapes of then Senator Barack Obama (D-Illinois) and then Senator Joe Biden (D-Delaware) saying during Republican presidential administrations that the president should not be allowed to nominate a justice in their last year as president.  Two things come to mind.  We seem to be on a giant national play ground so let me use a grade school admonition:  two wrongs don’t make a right.  More importantly, Senator Obama and Senator Biden never actually stopped a nominee from coming before the Senate.  They may have voted against some, but they did not stop them and they certainly did not prevent the process from playing out as it should.  If Republicans do not like the nominee, fine.  Don’t vote for the person.  But to be rude and insulting by refusing to meet with and provide due consideration is ridiculous.  It is their job — do it.   It is also bad politics.  Think about it.

The country is angry and about to nominate Donald Trump as a major party nominee.  Much of that anger is directed at the Senate and House for not doing their jobs.  It seems that strategically and tactically Senator McConnell is off base.  No Republican needs to vote for any nominee (although if qualified, they should follow American tradition and do so) but by not allowing any nominee to be vetted in the Senate, they play right into the Democrat’s hands.  Talk about rallying the Democrat’s base — this will do it and probably lead to some incumbent Republican Senators losing their re-election campaigns. Follow the process, use the system to their advantage, keep the seat vacant but do it by following the rules.  I am not sure what he is thinking unless he is afraid that some Republicans might actually vote for the president’s nominee if that person is qualified.  What a tragedy that would be.

Senator McConnell’s thinking is also short-sighted.  To satisfy the base now, he is willing to take a chance on the future.  President Obama would likely nominate a moderate to the Supreme Court this year because he knows  that is the only way his nominee has any chance at all to be confirmed.  What kind of nominee will a President Trump put forward?  Does Senator McConnell think that a President Clinton will put up a nominee more to his liking?  Hardly. (Fantasy:  President Clinton nominates Barack Obama for the empty Supreme Court seat.  Now that would be something to behold.) If Senator McConnell wants to see a more moderate nominee, his best chance is now, not after the election. Especially as his argument is that “the people” should have their say — well they will, and both presumptive presidential nominees are surely likely to put forward someone less palatable to the Senate.

(History lesson:  Chief Justice John Marshall, perhaps one of the greatest to sit in that chair, was nominated by John Adams in late January 1801 — months after the election of Thomas Jefferson as president.  The Senate confirmed him and he took the bench on the 4th of February, one month before President Adams left office.  President Jefferson accepted the appointment because the Constitution gives the president and the Senate the power to appoint members of the court.  Nothing in the Constitution says anything about “lame ducks” which in this case, both the president and some members of the Senate most certainly were.  These are the “Founding Fathers” that so many now refer to as the justification for their actions.  These Founding Fathers knew the Constitution, were certainly “originalists,” and guess what?)

Why do I think this is important to Republicans and that they should change their approach? Because taken together, and in conjunction with other similar events and the mood of the nation, the soul of the party is at risk.  I worry that the back lash, and continued infighting within the party, will destroy or at least splinter the current Republican Party.  Whether that new political entity will be better or worse than what exists now, I certainly cannot say.  However, I am concerned about another Know Nothing Party emerging, for however short of a time.  Without two strong mainstream political parties, both vibrant and reflecting the core values of our nation, we will lose our way in the middle of the road and careen recklessly off of it and over a cliff.

 

 


Happy New Year and Good Luck in 2016

As 2015 comes to a close, I wish each of you a wonderful new year in 2016 and hope that our country comes through the coming elections in better shape than what I fear may be the case given our experience over this past year.

I am normally an optimistic, the glass is half-full kind of guy, but I am discouraged by the political discourse of the last few months.  I am concerned that it will only get worse in the new year.  The rhetoric is depressing and may become more so as some candidates find that it works to their advantage to vilify others, and as some candidates become desperate to be noticed before they fade away.

I also learned long ago to stay out of the prediction game.  With the right knowledge and experience, it used to be feasible to make a meaningful, if not always correct, educated guess as to the direction of certain events and the resulting policy decisions that follow.  I do not feel that way anymore. Additionally, as I have expressed in previous pieces, I think that it is too early to begin discussing which candidates from which political parties will be our choices in November.  I have no idea who will make it through the spring and summer and emerge as a viable candidate.  Therefore, at this point in the process, I have no idea who I will vote for and I will try to keep my mind open as the campaigns progress.  That said, I have already decided who I cannot vote for no matter their popularity or the alternative candidate from the other party.  Out of the roughly 15 candidates combined in the Republican and Democrat parties still running (and sometimes it is hard to keep track) there are at least five that I know that I cannot vote for, no matter what.  Some fall into that category because of their hateful rhetoric and others because in my view, they are just plain unqualified to lead this country. Some fall into both categories.  Hopefully, they will not end up running against each other.

Logically, and historically, I know that we have experienced shameful demagoguery in campaigns past.  I know also that our nation’s history has had shameful periods of racism and bigotry that were considered main stream.  And as much as I would like to think that as a nation we have moved past those misguided beliefs, I know that some racists and bigots still exist in our country.

So the politics of racism, bigotry, hatred and fear — dealing in the mysterious “other” who are not like us and do not belong in our country — is, unfortunately, not new to this nation.  We now have at least two leading candidates, Mr. Donald Trump and Senator Ted Cruz (R-Texas), that are experts at exploiting the fear and hatred of others and who also have little use for the truth should it not coincide with their narrative.  They seem to be very popular — although it is difficult to know whether that popularity will translate at the voting booth.  While I am deeply disappointed in their campaigns, it is really nothing new in our history.  What has truly discouraged me is the number of people who pollsters of all stripes tell us support their campaigns.  I knew there were bigots and racists out there, what is discouraging is the number that seem still to exist in the year 2015. And before someone gets their hair on fire, I recognize that not all supporters of Mr. Trump and Senator Cruz are bigots or racists.  I know that. However, too many seem to fit in that category.  By a lot. Anger and fear are powerful motivators, but when exploited for purely personal gain, it becomes dangerous.  Both Mr. Trump and Senator Cruz are well polished exploiters of those emotions.  I see their hateful ways reflected in all sorts of social media and other outlets.  Although I am never sure if the anonymity of social media creates more salacious comments “just because” — “trolls” that enjoy stirring things up — or if the anonymity of social media allows people to expose what is really in their hearts without fear of being considered haters, but whichever is the case, Mr. Trump and Senator Cruz through their speech and actions, make it okay to be anti-social.

Please spare me the accusations of “political correctness.”  For these two candidates (and others) claiming that they do not have to be politically correct has become a crutch.  It is an anti-intellectual and facile claim that assures that no substantive discussion of the issues is needed and that to be polite and not rude in political discourse is not necessary.  We are the worse for it.  Bigots and racists are given free rein to malign others.

Before Christmas, Danielle Allen wrote an interesting opinion piece about “political correctness.”  (It can be found here.)  The term, according to Professor Allen was first coined by James Wilson in 1793.  James Wilson was a representative to the Continental Congress and an influential member of the committee that gave us the Constitution and was one of the original Justices of the Supreme Court.  The first substantive case heard by the new court was Chisolm v. State of Georgia which established that individuals could sue states.  The decision was later effectively over-turned by the Eleventh Amendment. (I am not a legal scholar, but should one want to read an interesting analysis of the case, it may be found here.)  What is pertinent to this discussion, is that the rhetoric following a lazy interpretation of “politically correct” has subverted the original use of the phrase.  In some ways it may be better said as “correct politically” or Justice Wilson’s emphasis on “We the People” and his belief that sovereignty rested with the “people of the United States” rather than individual states.

This interpretation was presaged by a speech of his on July 4th 1788 following the achievement of the minimum number of states needed to ratify the Constitution.  In his speech he laid out the vision of the crafters of that great document, its importance and how it is up to us, the people, to vote for good leaders.  He emphasized how each vote was important (perhaps because his was the deciding vote for independence in the Pennsylvania delegation).  Or as he said in part in his stem-winder of a speech (original spellings used below, italics and bold are mine):

Allow me to direct your attention, in a very particular manner, to a momentous part, which, by this constitution, every citizen will frequently be called to act. All those in places of power and trust will be elected either immediately by the people; or in such a manner that their appointment will depend ultimately on such immediate election. All the derivative movements of government must spring from the original movement of the people at large. If, to this they give a sufficient force and a just direction, all the others will be governed by its controuling power. To speak without a metaphor; if the people, at their elections, take care to chuse none but representatives that are wise and good; their representatives will take care, in their turn, to chuse or appoint none but such as are wise and good also. The remark applies to every succeeding election and appointment. Thus the characters proper for public officers will be diffused from the immediate elections of the people over the remotest parts of administration. Of what immense consequence is it, then, that this primary duty should be faithfully and skillfully discharged? On the faithful and skillful discharge of it the public happiness or infelicity, under this and every other constitution, must, in a very great measure, depend. For, believe me, no government, even the best, can be happily administered by ignorant or vicious men. You will forgive me, I am sure, for endeavouring to impress upon your minds, in the strongest manner, the importance of this great duty. It is the first concoction in politics; and if an error is committed here, it can never be corrected in any subsequent process: The certain consequence must be disease. Let no one say, that he is but a single citizen; and that his ticket will be but one in the box. That one ticket may turn the election.

In other words, no government, no matter how well conceived and designed, can function properly unless good, educated, and competent people — not “ignorant or vicious men” — are elected.  The government is only as good as those elected to it.  In my view, we lost that principal and fundamental element to good governance with the likes of Mr. Trump and Senator Cruz.

 

 


We Are Playing Right Into Their Hands

Sad.  Outrageous.  Horrifying.  Anger inducing.  Numbing.  These are some of the feelings I have had, just as I am sure many of you share, following the terrorist attacks in Paris last Friday.  Horrible. Unfortunately, I have similar reactions to the politicians in our United States who either have no clue as to what they are talking about, or are purposefully using this tragedy for political purposes.  Those same politicians accuse others of “politicizing” a tragedy following a mass shooting when they speak out for gun safety laws and yet they have no problem politicizing a tragic terrorist attack.  Their comments are to me nearly as terrifying as the attacks themselves.

There are several issues at play here, and a twitter post or sound bite will not reflect the complexities of the situation.  First and foremost one must remember that the purpose of terror is to create fear and a resultant over reaction that causes us to change our way of life or to take some action that meets the terrorists’ long-term goal.  Make no mistake, despite some statements to the contrary, the terrorists have a clear purpose and a clear goal beyond just taking as many lives as possible.  This is one area where the reckless statements by some running for president play right into the hands of the terrorists.

Additionally, one must understand the strategic goals of these particular terrorists who appear to be associated, if not directly controlled, by the Islamic State of Iraq and Syria (ISIS).  Creating the “caliphate” or fundamentalist nation that they have declared is not an end unto itself just as the terrorist attacks are not an end.  Their vision — and we must understand them from their perspective not ours — is to cause the apocalyptic battle of the West versus the caliphate.  In other words, they really, really, want the United States and European forces to invade their territory in order to precipitate the clash of civilizations.  They believe that the result will be cataclysmic and result in the end of the world as we know it and establish a world dominated by them.

This is an important point and necessitates taking the long view.  This is a clash of ideologies.  This is a clash of world views.  This is a clash of civilizations.  I make those statements with no sense of drama or over reach.  It is a fact and one that the arm-chair quarterbacks and “bomb them to the stone age” activists do not understand.  If every member of ISIS was killed on Wednesday in their caliphate, the terrorists still would have attacked on Friday and others would come in to take their place.  This is a long war that will not be resolved solely by military action.

Am I saying that no military action is necessary?  No.  We need to take military action and we need to take the fight to ISIS.  What I am saying is that such action is necessary, but not sufficient. Clearly ISIS established their ability to reach beyond the caliphate.  The bombing of the Russian airliner over the Sinai, the bombings in Beirut and now the attack in Paris are certainly ISIS efforts to show that forces that oppose them will be attacked.  However, since we are also dealing on a psychological and ideological level, there are other aspects to those attacks and it very well may be that they are also a result of what the president observed last week prior to the attacks.  Not directly related as in retaliation or defiance, but that the facts are related. He said ISIS is “contained.” While this remark is getting shrill ridicule from presidential aspirants, he may be right.  The caliphate is shrinking geographically, the number of recruits seems to be dwindling, and more nations are joining the fight against them.  Under that circumstance, ISIS leaders would need to demonstrate that they are still strong and provide more fodder for gaining recruits. Additionally, without going into a history of the western world, the ISIS ideology and their pronouncements are reflective of their perception that Europe squashed the spread of Islam in the Eighth, Sixteenth and Seventeenth Centuries, to name a few of the ideological underpinnings of ISIS and jihadist culture in general.  This is in essence revenge for historical defeats and a demonstration that the war to spread Islam is not over.

I want leaders that understand just how complicated the resolution of this mess will be and in this piece I have only touched the tip of the iceberg of all that is in play.  I want sober leaders, not emotional, uninformed individuals that over-react, or worse, pander for political purposes.  I want leaders that have emotions — which one of us does not react with emotion to events in Paris — but that do not act emotionally. Sending the men and women of our Armed Forces into harms way should not be a knee jerk reaction.  And once again, for all our sakes, just stop it with talking about “boots on the ground”!  That has no meaning and tends to show one’s lack of understanding of how the military works.  Do they mean combat troops?  Advisors?  Logisticians?  Intelligence capabilities?  Marines? Army?  What do they mean?  We must also never forget that by using the term “boots on the ground” we take out the human aspect.  Somehow saying “boots on the ground” removes the obligation of our leaders to understand the consequences of sending our fellow citizens into a situation where inevitably some will be killed and seriously wounded with the consequential impact on their family and friends — not to mention the loss of our nation’s future leaders.  These decisions should never be taken lightly or out of some misplaced desire to show how tough they are.  Nearly all the proposals I have seen from the flock of presidential wannabe’s are amateurish at best, or fraught with danger to our nation at their worst (with the specific exception of Senator Lindsey Graham from South Carolina whose proposals I am not 100% in agreement with, but at least he has a sober and thought-out plan.) By the way, none of those folks will be in office until about 14 months from now.  It is sure a lot easier to say what should be done than to be the person responsible for actually making the decision. They show their ignorance when they do things like point to the “massive French response” and say that we should do the same.  The “massive” response is twelve (count them, twelve) aircraft bombing shacks in the desert.  The United States and coalition does more than that on a slow day and have been for over a year.  ISIS will not be defeated from the air.  No fly zones make no sense either, as several have proposed, because ISIS has no aircraft.  A no fly zone will bring us into direct conflict with Syrian aircraft (which we may want but such a decision should not be made in the heat of emotion), and with Russian aircraft (we are not fighting the Russians).  I could go on, but you get the idea.  We definitely do need to step up the military pressure on ISIS, especially on the ground, but we need to realize that it is easier said than done and we need to make sure we know what we are doing. Military experts always ask “what is the next step?” and “what is the end game?” and “what does it look like when we are successful?” — none of those specific questions have been answered by advocates of a bigger U.S. military effort and their plans have only very non-specific terms.

I am most bewildered, flabbergasted and profoundly disappointed by the calls from Republican candidates for president and the twenty-five (at last count — twenty-four Republicans and one Democrat) state governors who say that they will “outlaw” Syrian refugees, or indeed any Muslim refugees from settling in the United States.  It is doubtful that they have the legal authority to “outlaw” refugees, but more troubling is that they even propose it.  This is perhaps more dangerous to the future of the United States than the attacks in Paris.  It would also be a tremendous victory for ISIS should we “outlaw” Muslims in the United States. It proves their narrative that the West is “against” Islam.  ISIS also does not want to see those refugees leave their caliphate.  It ruins their narrative and gives them no basis to govern.

Most troubling are the cheers for the leading Republican candidate Mr. Donald Trump when he calls for a “deportation force” to round-up 11 million people from their homes and force them out of the country. Enforce immigration laws, certainly.  Work towards some form of comprehensive immigration reform, certainly.  But round-up 11 million people by force?  Really?  In the United States?  Over the weekend he went several steps further by declaring no Muslim refugees should enter the country — and oh by the way, when he’s president he will have those already legally here deported — but he also said that if he were president he would “strongly consider” shutting down mosques in the United States.  So much for the Constitution.

Even more troubling is that Mr. Trump was not alone in his demagoguery.  Governor Jeb Bush and Senator Ted Cruz said we should only allow “Christians” into the country.  As if we have a litmus test on religion as to who can come into the country.  Bye Bye Constitution.  Governor Chris Christie said he would not allow any refugees into the country, “even for orphans under the age of five.”  Nice.

Clearly they do not remember the glorious chapters of our nation’s history such as rounding up Native Americans and forcing them onto reservations or rounding up Japanese Americans and placing them in internment camps, or refusing to allow Jewish refugees into the country in the late 1930s.

It also belies the facts.  Safety is a concern, obviously.  Should they have looked into the issue more closely, instead of just shooting their mouths off for the sake of some votes, they would see that the situation for refugees coming into our country are vastly different from Europe.  Light years different. Europe is being inundated by refugees leaving the Middle East.  We are not.  Unless they can swim the Atlantic Ocean refugees allowed into the United States are carefully vetted, consist almost entirely of families with women and children, and take about 18 months from the beginning of the process until they arrive in this country.  They should also know that so far, all but one of the Paris attackers was from France and Belgium.

I might also point out that refusing to take in refugees does not make us any safer as anyone with a valid passport that is not on a watch list can get into the country.  Do these politicians want to stop all foreigners from coming in to the country?  Some apparently do.  Senator Rand Paul introduced legislation yesterday that prevents anyone from roughly 30 countries that have a “high risk” of terrorism or significant jihadist movements from entering the country (which would include France, by the way) and imposes a 30 day moratorium on anyone from any country entering the United States until the government verifies that no terrorists can enter the country from anywhere on earth using a passport. So much for the world economy when all movement is shut down.  I suppose that the specifics of how that works is similar to what my old calculus books used to say, “the proof is left to the reader.” Or better yet as they say on “Monday Night Football” — “c’mon man!”  All of which ignores actions such as those of Timothy McVeigh in Oklahoma City where he killed 168 people and wounded over 600 others.  An American, a military veteran, and a Christian.

We do not need amateurs and demagogues leading our nation.

Should we increase our intelligence activities, be super aware and learn to operate in the new reality of life with terrorism in the 21st century?  Of course.  Do we need to re-think our anti-ISIS strategy and consider increased military involvement?  Of course.  However, I have serious problems with the politicization of the issue and the glaring lack of specifics from most candidates.  And most of what I have heard proposed plays right into the hands of the terrorists.  Besides, it is un-American.

 


Sincere, But Just Plain Wrong

Rowan County (Kentucky) Clerk Kim Davis remains in jail over her contempt of court citation for refusing to issue marriage licenses in her county.  She refuses because she does not want to issue them for same-sex marriages.  Doing so, she believes, would violate her Christian convictions. However one views the issue of same-sex marriage, we should respect Ms. Davis and her willingness to go to jail for what she believes.  Likewise, regardless of how we view same-sex marriages, we should be very concerned about the way her case is being used by politicians shouting about separation of church and state and stating that she is being denied her rights and that she is being persecuted for her religious beliefs. Shame on them.  She is absolutely not being persecuted for her religious beliefs and it shows that those politicians (I’m looking at you Mike Huckabee, Ted Cruz and others) are either using her for blatant political reasons, or are shamefully unaware of the Constitution they say they support, and indeed would be obligated to follow should they win the election.

If Ms. Davis has true religious beliefs that prohibit her from fulfilling her duties (and I have no doubt that she is sincere), then as an elected official sworn to uphold the law, she should resign.  End of discussion.  She has exhausted her ability within the law to keep from issuing the licenses that it is her duty to do.  Protest all she likes.  Work to change the law.  Carry out her privileges as a citizen, but do so as a private citizen, not a sworn official of the county.  Tellingly, the United States Supreme Court chose not to hear her appeal.  They did so without comment, which means  that none of the nine Justices thought that she had any legal ground to stand on — including those Justices that voted against allowing same-sex marriages under the Constitution.  Game over.

The deputies to the County Clerk began issuing licenses last week after Ms. Davis went to jail for contempt of court for refusing to follow the law and the instructions of the judge.  It is undetermined how long she will stay in jail, but she could be out today if she would either agree to carry out the duties she swore to uphold, or resign.  If one takes her logic to its end, then we would ultimately be a nation without laws.  She claims that she answers to a higher power and therefore does not have to follow the law of the land as it is superseded by her religious convictions.  It takes very little imagination to think what would happen should everyone of every conceivable religion take the same position.  Our country would fall into chaos.

As a reminder, the First Amendment was written to keep the state (in this case Ms. Davis, I’m sorry to inform you that the state is you) from imposing a particular religion or religious belief on any citizen. It was a reaction to the British crown imposing the Church of England on its citizens in the original thirteen colonies.  By the early 1700’s in those colonies, for example, there was no recognized Catholic parish or church.  They did not re-appear until 1789 (the ratification of the Constitution).  Here is what the amendment says:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

No one is keeping her from exercising her religious beliefs.  They are only keeping her from imposing her religion on others.  This is a huge difference.  Those that argue that freedom of religion is being inhibited by our government should visit China, Iran, North Korea or a dozen other countries to find out what it really means to lose one’s ability to practice their religion.

Statements such as this one from Senator Ted Cruz (R-Texas) — posted on his campaign website — show that Ms. Davis’ situation is being deliberately distorted, or else Senator Cruz really did not learn much from his Ivy League law school and time as clerk to Chief Justice Rehnquist on the Supreme Court.

Today, judicial lawlessness crossed into judicial tyranny. Today, for the first time ever, the government arrested a Christian woman for living according to her faith. This is wrong. This is not America.

I stand with Kim Davis. Unequivocally. I stand with every American that the Obama Administration is trying to force to choose between honoring his or her faith or complying with a lawless court opinion.

Using words like “tyranny” and arresting a “Christian woman” for her faith may be red meat to his ardent supporters, but they do little to promote either the rule of law or religious freedom (oh by the way Senator,  there may be other devout followers of one God who are not Christian).  What is he saying? That we should do away with the Supreme Court?  That no one has to follow their decisions if one doesn’t agree with them?  What is he really saying?  And he will “support and defend the Constitution” by telling people to ignore it?  If he, and others, have a strong view that laws need to be changed, then use the system to change them.

Mike Huckabee — the former governor of Arkansas and running for president — said yesterday that one only has to follow the court’s orders if “it’s right.”  Who decides if it is right?  Mr. Huckabee?  Kim Davis? Me?  While I understand his concerns and those of others about defending the right to freedom of religion in our country, I have to say that as an individual, I do not feel threatened in the practice of my religion.  We truly need watch dogs that continually challenge the government on issues fundamental to our freedoms and our way of life.  But touting anarchy and setting themselves up as the sole judge of what is right and wrong — as Mr. Huckabee, Senator Cruz, and others do — seems to me to be a greater threat to my freedoms than anything the Supreme Court has done.

Ms. Davis may be sincere, but she is just plain wrong. She should resign and then she may protest and work to change the law in any legal way that she can.  I, for one, will work against the demagogues that set themselves up as arbiters of what is right and wrong for the rest of us based on their personal beliefs — or based on what their political ambitions tell them will “sell”.  That to me is a far greater danger.


Checking In On the Constitution

Much has been made recently as to what is or is not “Constitutional.”  I suspect many of those people invoking it have never read the entire document.  In particular, I wonder about those that say that our Founding Fathers got it right and that we should not change anything about it.  You can read it for yourselves at the website for the national archives.

Of course the Founding Fathers knew that they did not get everything right and intentionally left some areas ambiguous (for better or worse today) in order to allow for interpretation as technology, life styles, and other elements of society inevitably changed.

There are other areas that they just plain got wrong and that others in our nation felt compelled to change or correct.  Some minor things like:

  • Article I Section 2 excluding Indians as people and counting slaves (!) as three-fifths of a person.
  • Article I Section 3 where Senators were elected by the state legislatures, not by the people themselves.
  • Article II Section 1 which outlines the method for electing the President and Vice-President which among other things has the number two vote-getter as the Vice President regardless of party.
  • Article IV Section 2 which holds that a “laborer” (slave) escaping one state shall be returned to their owner in another state.
  • Amendments XI, XII, XII, XIV (which itself was further changed by the 26th Amendment), XVI, XVII, XX, XXV, and XXVI all modified original parts of the Constitution.
  • Amendment XVIII (Prohibition) which itself was repealed by the 21st Amendment.  (Meanwhile Sarah Palin does not seem to know how our government works.  At a recent anti-Obamacare rally she used Prohibition as an example of getting rid of a law since now “you can get a beer with your pizza” and so, her logic went, even if it is the law of the land, we can get rid of Obamacare.  She was either ignorant or intentionally misleading in that she failed to mention that it took another amendment to the Constitution to do away with it.  In other words, through regular order using a defined process.  It was not removed because the Tea Party took the government hostage over the debt ceiling, which she implied was a similar action to repealing Prohibition.)
  • Amendment XIX ratified in 1920 (less then 95 years ago) that gave women the right to vote for the first time in our country.
  • Amendment XXVII is interesting in and of itself as it was originally proposed on 25 September 1789 and was ratified on 7 May 1992.  No, that is not a misprint.  It is also the amendment referenced when people call for Congress to give up their pay during a government shutdown and they say they cannot because of the Constitution.

Indeed, the Bill of Rights came to be because the original thirteen states wanted to amend the original Constitution.  There are others, but you get the idea.

There is a process for changing the Constitution and it has been used and will, I suspect, be used again in the future.  I would argue that we should do so cautiously and without giving in to a particularly loud minority with political clout (see Amendment XVIII).  However, to say that it is inviolate does not show much understanding of our Constitution.  It also sells our Founding Fathers short in that they did not unanimously agree among themselves on all of its contents and indeed, understood that it would be modified over time.

When people invoke the Constitution, I wish they would take the time to make sure that they know what they are talking about.