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Posts Tagged “constitution”

Two Ways to Cross a Stream

Today, the Supreme Court struck down nearly 50 years of precedent, finding (correctly) that there is no right to abortion in the Constitution. Finding it there was incorrect in 1973 and proved to be even more incorrect as medical science advanced. To say I am ecstatic would be underselling it; I have advocated against it for decades, and even wrote publicly about it as far back as 19 years ago. This is a wonderful day!

To be sure, this court case does nothing for the generation lost to this barbaric practice, nor does it eliminate it on a nationwide basis; the rescinding of the Roe v. Wade decision returns the issue to the states. I am a big believer in an incremental approach because, in large part, any absolutist effort is doomed to failure. Every prenatal murder we can avoid is a cause for celebration. The states that have laws that go into effect will have the effect of outlawing 12.8% of abortions (subscription-only link) - just over a literal decimation of this abhorrent practice.

I won't rehash my posts from the past nearly-two decades; if you want to read those, just peruse the “Prenatal Murder” category linked at the bottom of this post. Rather, I want to reflect on various aspects of this decision, what led up to it, and what is next for those of us who value the sanctity of human life from conception through natural death.

Roe Was Bad Law

The Roe decision only made sense by stretching the logic of a 1965 decision that had also stretched to reach its conclusion - Griswold v. Connecticut. Griswold centered around a law that prohibited the dispensing of birth control advice or devices. The majority opinion in this case found a previously-undiscovered “right to privacy” in the Constitution (as amended) that “emanated” from prior case law's “penumbras” (shadows). Calling this innovative thinking is probably too kind; it set precedents in all sorts of bad ways.

Just eight years later, Roe took a hop from Griswold's stretch, equating the act of abortion with any other form of birth control. This was also innovative, but not in the way you may expect. You likely grew up hearing about “trimesters,” those three 3-month periods of fetal development prior to birth. That did not come from current medical thinking; it came from renowned biologist Justice Harry Blackmun, via his majority opinion in this case. (Maybe justices do need to have a good working knowledge of biology, eh Justice-in-Waiting Jackson?) Justice Blackmun used this “trimester” framework to literally "split the baby", finding that the state had no interest in the first, some interest in the second, and the near-prevailing interest in the third. It also provided prohibitions on laws that did not allow abortions to preserve the “life and health” of the mother.

At the time, its companion case (Doe v. Bolton) defined “health” to include “mental health,” which was the key for the abortion free-for-all that followed. Parenting has profound effects on your mental health, whether you set out to be parents or are surprised, and doctors were all too willing to use this as cover to grant abortion for any reason (or no reason at all).

In 1973, the decision was not great; however, in the intervening years, medical science and our understanding of fetal development increased greatly. In 1992's Planned Parenthood v. Casey decision, the Supreme Court replaced the trimester framework with a “viability” standard. Sadly, they left the “mental health” definition from Doe intact, so the effect was the same. Medical science continued advancing, and as those who were pro-abortion rights continued to ignore it, their “rights” platitudes rang more hollow. In 2009, they thought they had finally won, but in reality…

The ACA's Overreach Accelerated This Decision

The Affordable Care Act (ACA, also known as “Obamacare”) mandated, among other things, what type of health care coverage employers must provide their employees (whether they want/need it or not). Reproductive health care was part of that package, and within that were some “birth control” measures that prevent implantation of a fertilized egg or induce spontaneous abortions (“abortofacients”). There were also very limited exceptions to this policy; in short, if you were not a church, you had to provide this.

This took the debate from the public square and into the courts. In 2014, the Supreme Court's decision in Burwell v. Hobby Lobby found that this lack of exception for religious beliefs for for-profit businesses violated 1993's Religious Freedom Restoration Act (RFRA). That was a good ruling, but it only applied to abortofacients and for-profit businesses. Catholic Charities' Little Sisters of the Poor were not as fortunate. The Roman Catholic religion views any birth control as sin, and even if the Hobby Lobby exception applied, they were still mandated to provide something against which they have long-standing, well-documented, sincerely held beliefs. It took until 2020 – 11 years after the ACA became law – to win their exemption via Little Sisters of the Poor v. Pennsylvania.

While businesses were fighting in court, state legislatures were passing laws. Some states passed laws ensuring that this travesty could occur right up until the moment of delivery, but many states passed further restrictions on abortion. These restrictions varied from those thought to comply with Casey, to near or complete bans that were deferred until Roe and Casey were struck down, to some innovative thinking the other way (which isn't a compliment; Texas gets their own section under “What's Next” below). These laws codified, within each state, where they wished to draw the line on their compelling state interest. Among the ones that took effect, some held, some were struck down (like 2020's moderately surprising decision in June Medical v. Russo), and the Mississippi law challenged in Dobbs v. Jackson is what led to today's majority opinion.

A draft of that opinion was leaked in early May. Not only did this allow me to write large portions of this post ahead of time (hooray), it also led to some really revealing arguments from the side who felt that they were about to lose. Despite their claims to the contrary…

Abortion Is Not Health Care

The most egregious and disingenuous of these claims is that the reversal of Roe will lead to doctors being prohibited from taking care of troublesome pregnancies, such as ectopic pregnancies (where the egg implants in the fallopian tube) and miscarriages where the fetus has already died (but the woman's body is not eliminating it properly). It is true that, particularly with the miscarriage, the medical procedure itself is similar. However, no one is saying ectopic pregnancies should remain (except some knuckleheads in Missouri - again, addressed below), and removing an already-perished pre-born baby is also not abortion. These are health care procedures, and will remain legal in all 50 states, even if it takes a court challenge. (Again - maybe we do want our judges up on their biology, no? Maybe the legislature, too?)

Strawmen out of the way, this leaves us with four general scenarios to consider.

  • The first scenario goes something like “I just missed my period; uh oh - ain't nobody got time for that!” While I would love for this to be outlawed, the reality is that these will likely be legal - or at least accessible - forever. The Mississippi law challenged in Dobbs mandated no abortions after 15 weeks, which would have no effect on this abortion scenario. All that said, though, this is no more health care than elective breast augmentation.
  • The second scenario is selective termination after genetic testing. In these cases, there is absolutely no difference in the health of the mother who is carrying a baby with genetic deformities. All her systems still work the same; failing to give these children the opportunity for the life they have been given is something which should be prohibited by law. Again - not health care, just early murder.
  • The third scenario is a woman who changes her mind well into her pregnancy, and her baby is fully viable outside the womb. In this case, there is no prevailing health care concern that requires the baby to die; a delivery eliminates the pregnancy and gives the baby the opportunity it deserves. “Not health care” is an easy call here; all three cases thus far show that something being a “medical procedure” does not mean that the procedure is “health care.”
  • The final scenario is pregnancies resulting from rape (which includes incestuous statutory rape; I am not considering consenting related adults' children here). Here, I will probably part ways with some of the more ardent pro-lifers; while I do not believe abortion is the right decision in these cases, girls and women in this situation are already in a non-ideal situation. I believe it should be legal to counsel them to keep these pregnancies, but you will not find me pushing an absolutist position here. That being said, this is the only case where mental health should play any sort of consideration at all; outside of that, this is not health care either.

I mentioned the revealing arguments in the wake of the leak. The health care argument was one, but again, contrary to their claims, this is…

No Slippery Slope

(At this point, I would love to divert and discuss the difference between a “slippery slope” argument and an “argument of progression.” However, this is already essay-length; maybe that will be a post for another day.)

The claim goes something like “If they take this right away, what's to stop them from taking away birth control totally? Or gay marriage?” Well - in two words, “the Constitution.” Eliminating a stretch from the emanating penumbras doesn't eliminate the penumbras themselves, so birth control's legality remains covered under Griswold – just not the murder-your-baby kind. A better parallel for gay marriage would be 1967's Loving v. Virginia case, decided on equal protection grounds rather than right-to-privacy; these same equal protection claims were central to 2015's Obergfell v. Hodges case. There is also no nationwide movement against either of these decisions. There may be local overreach on these laws, and there may be lawsuits where the plaintiff's rights under RFRA were found to be violated – but these (contrary, again, to the hyperbolic claims of the losers) do not remove the laws from the books; they recognize religious freedom in our pluralistic society.

So, all that being said…

What's Next? (AKA “Fix Your Law, Texas”)

The fight for the legal rights of the unborn now has 50 fronts. This is not necessarily a new development; as I mentioned above, there has been legislative action in several states. There will likely be vociferous screeds about abolishing filibusters, expanding courts, and other harebrained schemes, all in hopes of getting a quick nationwide reversal of Dobbs. The conversation around the 2024 election will be hysterical and insufferable – not that the outlook there was all that reasoned and sufferable to begin with…

Some ways I would like to see the issue progress (and things I would support) include:

Continued Vigilance

There will be, no doubt, efforts to reverse today's decision, both in the courts and in Congress. While many of us see today's decision as the natural consequence of the way culture, science, and jurisprudence have been moving for the past generation, we should assume absolutely zero momentum. There will be a reaction, and it will be covered favorably by the legacy media; stand on principle, and do not concede the phrasing or the terms of debate. Culture has changed because pro-life advocates have publicized both the amazing miracle of life in the womb and the horrors of abortion; keep doing that.

No Overreach

We no longer need “bold” laws to “challenge” the unconstitutional Roe; it's done, and the states have the power. “With great power comes great responsibility,” though, so any future laws restricting abortion must be free of some of the sloppiness contained in prior abortion laws (and some current “anti-woke” laws). (No, you may not criminalize treatment of ectopic pregnancies.) These laws must be specific, measurable, enforceable, and medically sound. I like heartbeat bills, I'm OK with 15-week bans; I'm not OK with jailing abortive mothers.

Texas, I promised you some special attention. If your law had been passed contingent upon today's ruling, or passed in the future, it would not have the same baggage that it currently does. I'm quite surprised that the Supreme Court did not issue an injunction; my only guess is that they had an inkling that today was coming and wanted to give you a head start. Working around the Constitution is not the way to accomplish this. Revisit this law; if you want to be the only state in the Union to have a civil penalty for abortion, so be it, but surely you can do better by the children of Texas than outsourcing their protection to (possibly out-of-state) profiteers.

Don't Be “Pro-Life in Name Only”

You know what's tough? Being a mom through pregnancy, birth, and early childhood. (It doesn't get a lot easier, but at least you start getting sleep – until the teenage years, anyway.) Not engaging in an activity that will create life until one is ready to take responsibility for the life created is quite pro-life; this is the “hearts and minds” aspect, which wasn't ever part of Roe. Until that happens, though, we need to be prepared to support those who have created life and don't know what to do. Crisis pregnancy centers will be even more vital in the years to come, and they will need both counselors/volunteers and funding to help their clients.


While Roe v. Wade will exist as reversed Supreme Court precedent, I look forward to the day when “row” and “wade” are just two ways to cross a stream.

Worldview Lessons from a Pandemic: Federalism and Subsidiarity

We are now 4 solid months into America's reaction to COVID-19. Early on, the focus was on a national response to a pandemic that affected New York and Washington State most acutely; ventilators, masks, and all sorts of personal protective equipment were in short supply (or so we were told), and it was the Federal government's job to get the states these vitally important supplies. Many people clamored for a national lockdown order to keep the virus from spreading; never mind that a) the Federal government does not have that power, and b) the same people clamoring for heavy-handed action from Washington, D.C. were the same people who constantly told us that the current occupant is just waiting for his chance to become a dictator.

The national order never came, and the reason why leads us to our first term; if you read the linked article above, you saw David call it “federalism at work.” The word “federalism” can be a bit confusing, as we use Federal government and national government (or U.S. government) synonymously; however, “federalism” is the opposite of a centralized government. Federalism pushes as much responsibility and power as possible to the lowest level possible, the idea being that government “of the people, by the people, and for the people” is best done by people in close proximity to one another. Our Federal government gets that name because it is a federation of the “several states” (to use the term from the Constitution) designed to deal with national-level issues.

How does federalism help us with our pandemic response? Easy - the states are in control of their responses, and can ask for help from the Federal government if they need it. We have seen this as the various states have begun their reopening procedures. Some have been aggressive, and ended up having to pull back; other states have been as aggressive, and have not seen as many issues. Some states are opening more cautiously - and, again, some are fine, but some are seeing cases spike in spite of that. Taken in isolation, this demonstrates that there is no one right answer for the nation at large. As we head into fall, states, cities, and school districts are trying to decide what school will look like; the one thing we can say for certain is that there will not be 50-state uniformity in these plans.

Back in the 1930s, Supreme Court Justice Louis Brandeis voiced a concept that is now paraphrased "The states are laboratories of democracy." The term “laboratory” is interesting, in light of the pandemic; they're now serving as laboratories for more than just democracy! Different states will try different things, with different results. As a nation, our job will be to determine if successes could replicated at a larger scale; not everything that works in one place will work everywhere, and as programs grow, their efficiency often wanes. Federalism gives us a structure where we can have these public policy debates, realizing that we do not have to come up with a national answer. (I realize that I'm writing this in an election year; it can be tough to find candidates who say “Here's what I'm going to stop having the Federal government do ‘for’ you,” but you can find them if you try.)

The other principle I want to highlight is known as subsidiarity. That link will give you lots of history behind the word as a civil, political, and social concept; but, the quick version is the idea that issues are best handled at the lowest level possible, and the level that handles it is also responsible for it. Subsidiarity begins with self, and works outward to family / home, church / school, city / county / state, etc. A piece of trash on your kitchen floor is likely not a county issue; a missing guardrail on a dangerous curve is likely not something for your church to fix; and funding prisons is not likely the sole responsibility of your family. If you're thinking that it sounds a lot like federalism, you'd be right; federalism is subsidiarity in government.

Properly applying subsidiarity allows us to see positive changes in our communities. Politicians are going to politic; we can't control that. However, we can make sure that we are not becoming careless spreaders of disease. We, along with our families, can make food, do chores, or otherwise care for someone who needs it. Our churches and civic organizations are a great level for community-oriented help, and often serve as a way to get people who need help with those who can provide it. As each organization's focus gets wider, they are going to be the most productive if they can stay focused at that level. If they are having to do things that require more detail, they will be bogged down; if they are responsible for things above their level, they will not be able to do their actual mission.

A lot of the political anger overs masks vs. no masks, supplies, support, etc. can be seen as a failure of subsidiarity. Paul Harvey, the outstanding radio announcer, wrote “Government big enough to supply everything you need is big enough to take everything you have” (though this has widely been misattributed to Thomas Jefferson). The Federal government is the not the appropriate level for opening and closing decisions; that is why the Centers for Disease Control and Prevention guidelines are precisely that - guidelines. Wyoming is going to have different needs than Florida; and, within Wyoming, Laramie and Cheyenne may need a different focus than Moorcroft or Hyattville. Pushing these decisions up too high is asking for those decisions to be poor and/or insufficient.

This isn't to say that the Federal government does not have a role to play; through laws and programs, it has stockpiles of emergency supplies, and it has the ability to shift a large amount of money around (relatively) quickly. This can help those who need it; yet, even then, our culture is such that those who don't need the help will raise a stink about those who do need it actually getting it. We also saw that Paycheck Protection Program funds went to many entities that are most certainly not small businesses; this, too, can be seen as a failure of subsidiarity, as these companies represented themselves as (at least) a level below what they actually were.

There really is no grand conclusion here. Just as no government can blink and make a million tests appear, I cannot sit here behind my keyboard and prescribe how all this gets better. What I can do, though, is encourage each of us to embrace and employ the principles of federalism and subsidiarity as our best chance of getting the best results for the largest number of people. Insisting on a centralized response is insisting on a lackluster, inept response - no matter who is in the White House.


p.s. This was planned to be the 3rd installment of this series from the time I wrote part 1, which I expected to have done within 2 weeks. But, given the emphasis of that post, the timing of this just proves the assertion I made in that first post - we are not in control.

On National Unity

This Independence Day, I am saddened by news that pride in our nation has hit an all-time low (for the 20 years Gallup has been asking the question). I am saddened - but I am not surprised. This is the effect of emphasizing group identities over our collective one, the natural fruit of the “salad bowl, not a melting pot” tree. Some of us have been warning that viewpoints such as those were bad for the nation, and would lead to disunity; this has to be one of the least satisfying "I told you so"s of my life.

At this point, we have at least two generations of adults who learned history not as the facts about what happened, but as a narrative of American imperialism and subjugation of every non-white person they encountered. No wonder people are not proud to be part of a nation like that! These courses have failed to transfer the idea that, while imperfect, America is still a place where your voice can be heard, where opportunities to better yourself and your family (still) abound - a nation with vast resources and amazing beauty.

To be sure, we have not always lived up to our ideals. One of our culture's current hobbies is taking the worst possible interpretation of anything that ever happened; but, let's set that aside for a moment. The founding fathers have been derided for writing a Constitution that allowed for even the possibility that slavery could exist. Have you ever thought that, maybe, they deserve some credit for writing it in such a way that it was: a) an acceptable compromise for those who were pro-slavery, getting everyone to agree to rule by the same government; and b) contained the trap-door that eventually led to slavery's abolition? For their many flaws, they brought the country together, and moved us forward towards our ideals, even though they did not see that movement in their generation.

They did the hard work of building a nation. Tearing things down, the “revolution,” the violent mobs - all this is straight out of the Marxist playbook. As anyone who has ever had responsibility to maintain a home or a vehicle knows, it is way easier to tear things up than it is to preserve them; and, focusing on its flaws is a surefire way to discontentment.

Furthermore, forming “separate but equal” groups within a nation does nothing but encourage disunity, no matter how those groups are defined. The NFL is going to play “Lift Ev'ry Voice and Sing” prior to “The Star-Spangled Banner” for its week 1 games. In many respects, I have no issues with this. “Lift Ev'ry Voice and Sing” is a great song, and in some respects, speaks more directly to our ideals as a nation; I hope people will listen to the lyrics. The NFL is also free to do whatever it wants with its pregame ceremonies. However, this song is also known as the “black national anthem,” and given the NFL's history with protests during the national anthem, this seems to be kowtowing to those who have disrespected the flag and the anthem over the past few years. (Sure, call it protest; “it's not about the flag/anthem” is disingenuous, as they made it about those items when they selected them for their time of protest.)

The NFL isn't the only offender here - far from it. As a public service, let me provide this handy chart for those who truly value unity within our diversity…

This is fine… This is not.
Thin Blue Line Flag; blue line on a black background US Flag in black and white with the center stripe blue
Pride Flag; horizontal rainbow stripes Pride Flag with US union imposed on upper left corner
The New Orelans Saints fleur-de-lis on a black background The US flag, in New Orleans Saints colors, with fleur-de-lis replacing each star

Working through these - supporting law enforcement is good; superimposing that on the US flag is not. While I disagree with the spirit behind the pride flag, its meaning is well-established; the US flag (per)version is offensive, and narrows their cause. (Did you know that there are nations where being gay is enough to get you jailed or killed by the government? None of those nations are "The United States of America.") Finally, as a Falcons fan, I find both flags on row 3 distasteful; however, I will staunchly defend my misguided NFC South opponents' right to fly the one on the left. (Superiority should be settled on the field, not in fandom; and, as a Falcons fan, I don't have a whole lot to point to in that regard in the recent past.)

Here's what the flags on the right should look like:

The US Flag

While the flags on the left are banners around which people can rally for a cause, the flags on the right take the United States flag and change it into a form of which not everyone will agree. In the spirit of diversity and inclusion (my cause + the US), they end up divisive and exclusive. (Lest you think that I've cherry-picked those symbols above, I've seen all three “in the wild” on multiple occasions.)

Everyone in our nation should be able to see themselves represented by the US flag; however, its supporters have not done much to make their argument. Particularly within the NFL controversy, it was said that disrespecting the flag and the national anthem was the equivalent of disrespecting the sacrifice of those who fought to gain and preserve our freedom. This is not untrue; I served for over 2 decades under that flag, and swore my life to protect and defend that “nation for which it stands.” That argument, though, is too narrow. It turns the US flag into the military flag, which becomes a symbol over which not all of the nation's citizens can agree.

Whether they agree with the current trajectory of the nation or not, every American should be able to see our flag and hear our national anthem, and take pride in their part of this American experiment, going strong now for 244 years. Our flag should be just that - our flag - and should encourage us to see each other as fellow Americans (no hyphens) with whom we can work together to bring us closer to our ideals. May future generations look back at us, and describe us the way I described the founding fathers above. “You know, they had some issues, but they really did a great job bringing us together as a nation, and moving us forward in a land of liberty.”

 


p.s. Some may say “Are you really this upset about symbolism?” Well - yeah; if we can't agree on the symbolism, how on earth are we going to agree on substance? How can we have serious discussion over multiple ways to get to our goal if we don't agree on what that goal should be? That's -literally- the reason nations are formed.

p.p.s. Unity does not mean uniformity; I have a draft of my next worldview lesson post that dives into federalism and subsidiarity, and its importance in realizing the most effective governance for all. I may have it posted later this month.

The 10th Annual Dr. Martin Luther King, Jr. Post

Another American election year has come and gone. Four years ago, many thought our nation made a great stride in electing our first black president, and that we had eliminated racism. We didn't get very far into the following year before we realized that no, there was no substantive change; anyone who was opposed to the president's policies must be motivated by racism. Would 2012 bring any changes? I believe it did, and not the way we could have predicted at its start.

We are at a point in this country where the accusation of racism is a joke. (Read that closely - the accusation is the joke.) “I don't like my coffee black.” “RACIST!” (As it happens, I do, SO THERE!) There's even an entire meme based around it. More and more Americans are seeing these over-hyped charges of racism, looking at the actual thing accused, and realizing that the racism just isn't there. Noticing differences among ethnicities and cultures is not racist; in fact, if we don't notice these differences, how in the world are we going to incorporate them into the American melting pot/salad bowl?

Alfonzo Rachel, host of ZoNation, made an interesting point in his video released after the Republican National Convention in September. The whole thing's good, but the crazy part starts at 3:01.

If you can't watch the video, it's a clip of MSNBC's convention coverage, starting with a soliloquy from Touré.

But more to what I want to talk about - two main points. You know, he loves this line of “our rights come from God and nature” which is so offensive to so much of America, because for black people, Hispanic people, and women, our rights do not come from God or nature. They were not recognized by the natural order of America, they come from the government and from legislation that happened in relatively recent history in America. So that line just bothers me to my core.

You want to talk about offensive lines, sir? You just dropped one. That has got to be some of the most ridiculous talk I have ever heard. It's almost like you believe that the Constitution created God! God-given rights are rights whether a government recognizes them or not, and this is not limited to America; our founders merely recognized these rights that are inherent to all humans.

Let's square that with Dr. King's famous speech:

I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream.

I have a dream that one day this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident: that all men are created equal.”

I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood.

I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice.

I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.

I've been to Georgia and Mississippi pretty recently, and I'm pretty sure I saw people of all races living, working, and playing together harmoniously. I don't see anything in that speech about government being the grantor of rights; in fact, it almost looks like he's referencing the white-guy-written Declaration of Independence as if it's a good thing. Huh. If Touré wants to stand on the shoulders of a legacy, it certainly isn't Dr. King's.

The race card has been overplayed, to the point where it has lost its value. That, I believe, is a good thing; the only people keeping racism alive in this country today are those who claim to see it lurking in the shadows of every conservative's innocent words. However, these continued accusations run the risk of causing a backlash, and becoming a self-fulfilling prophecy. There's a guy I know who says “If I'm going to be accused of something, I want to be guilty;” if the innocent are going to be accused of racism, they may find little motivation to even try to be sensitive of those of other ethnicities or cultures. This could lead to the further coarsening of our societal debates, which would be a bad thing.

May modern-day racists continue to be exposed for the fools that they are, as the rest of us see Dr. King's dream lived out in our nation.

2012 Year in Review: The Ridiculous

Welcome to “2012 Year in Review: The Good, the Bad, and the Ridiculous.” If you're reading this as they're posted, it's backwards; but, if you're reading back through the blog archives, they're in order.

2012 has been quite a year. We survived 3 ends of the world, by my count. That's pretty ridiculous, true, but our very existence here means that they must be, so we won't waste any more words on that. What did make the cut?

The “War on Women”

That this tops the list should not surprise my regular readers; several of my posts this year (including this one and that one when it first broke) dealt with it. Now, the “war on women” is not to be confused with the “war on a woman”; that I addressed in 2008 (first item). No, in yet another display of Democrat projection, this one was an accusation against Republicans.

It started with a strange question in the Republican primary, shot to the forefront with Sandra Fluke and Rush Limbaugh, and continued throughout the campaign. The Obama campaign created a horribly insipid animation called "The Life of Julia," where their heroine (um, victim?) displays her dependence upon government at every stage of her life. It was presented as if it was a good thing; the government as boyfriend, husband, business partner, and health insurance provider. To me, the suggestion that women need, or would want, something like that is truly offensive and sexist.

Granted, the Republicans didn't help themselves against these charges. Todd Akin and Richard Mourdock, both running for the US Senate, answered questions about abortion by emphasizing their “no rape exception” views - clumsily. Akin should have removed himself, but did not, and squandered a gift-on-a-platter opportunity to remove a senator who has not been that helpful to her home state. Mourdock was a Tea Party Republican who defeated a long-term incumbent in the primary, yet went down to defeat in a state that Romney took 54/44.

Really, the war on women was nothing more than the “they want kids to starve” meme from the late 80's and 90's, where ridiculous charges were made against Republicans, and those charges went unanswered. This year, as well, the response was tepid. What Republican wants to take away health care? The charge is ridiculous, and should be addressed as such. Otherwise, they'll continue to make these outlandish statements "They're gonna put y'all back in chains!", said our vice-president. They took “binders full of women” out of the context of people-to-hire and somehow turned it into a negative. “You didn't build that” - oh wait, that's just poor sentence structure. Please! There is no poor sentence structure in a pre-written campaign speech!

The main problem with all of that, though, is that it worked. Which brings me to my next item…

Barack Obama Reelected

When Obama was elected in 2008, that fact made the “bad” list for that year. Looking back at that post, in view of the past 4 years, I see that I was being way too generous. He presided over 4 of the toughest years in recent memory, making things worse with every decision (or indecision). His party hasn't passed a budget in over 3 years now, and one of his was so unrealistic that it was defeated 96-0 in the Senate. We lost our top credit rating, and that cannot be blamed on George W. Bush; S&P downgraded us because of our lack of a plan of paying back our debt, not the size of it. This administration has brought us economic time bombs in the form of Obamacare mandates and repeated “debt ceiling”/“fiscal cliff” showdowns, one of which is staring us down even as I write this.

But, all of the above is not the ridiculous part; it just proves that I was right to put his election on the bad list 4 years ago. No, the ridiculous part is that the American people, seeing all of the above, put him back in office for another four years. My countrymen are playing the part of fools, falling for the ridiculous claims about their opponents, while failing to see that their own are the ones leading us down the slide to mediocrity. They're behaving like little kids; what little kid wants to vote for the guy who says “Hey - we've got to pay for all this free candy we've been eating”? No, they vote for the guy who promises even more free candy, while demonizing those who generate enough wealth for our government to skim the top of it to provide the free candy. They cheer when the rich get poorer, not noticing that this does not make them richer, it only diminishes the overall wealth of our nation.

The National Park Service has signs in several forests warning against feeding bears, because they will become dependent on that food, lose their hunting skills, and become aggressive. Yet, the very people who suggest that this applies to human beings as well are branded as hate-filled and greedy. America needs to wake up, and do the hard work of dealing with the withdrawal symptoms of this free ride coming to an end, or the country itself will find itself in decline. Sadly, I don't see this generation as one willing to sacrifice its own comfort to secure the comfort of future generations.

Reactions to Mass Murder

Again, I get to fault my fellow citizens. Sadly, our nation endured two mass murders this year; one at a midnight showing of The Dark Knight Rises in Aurora, Colorado, and the other at Sandy Hook Elementary School in Newtown, Connecticut. On my first visit to Facebook after learning about the Sandy Hook shooting, I was greeted with lots of “Don't Take Our Guns!” images. Really, guys - that's the way you show compassion for 25 families who lost their kids a scant few weeks before Christmas? And, the other side is just as bad. “Why are these guns on the street?” is not the question (although “because, Constitution” is the easy answer). Confiscating every gun in the Union would not bring an ounce more comfort to those families who lost their children and adults that day.

The proper response to something like this is sorrow and compassion, then anger, then punishment (if applicable), then speculation on prevention measures (within the parameters of our founding law). Jumping to #4 dehumanizes the response. I fault the gun-grabbers with having the non-Constitutional lead in this; but, while I did fault people above for not responding to ridiculous charges, there is a time for those sorts of debates. While the dead bodies are still warm is not that time.

Year-In-Reviews in Early December

On a lighter note, when did December become not-part-of-the-year? How can you review a year with nearly an entire month remaining in that year? Unless you're covering NASCAR or the college football regular season, the first week of December is way too early to be publishing retrospectives (and, for the latter, you'd better wait until the conference championships to write it up). Look at the newsworthy events this year - Sandy Hook, the deaths of several notable people, and George H. W. Bush's hospitalization, just to name a few. Don't review a year until it's over.

 

There you have it. I'm sure I'll have no problem filling out another one of these in 2013.

The Ten Commandments: A “Monumental” Controversy

As a resident of Montgomery, AL, I'm privy to the much to-do being made over the granite Ten Commandments monument that duly-elected Chief Justice Roy Moore of the Alabama Supreme Court had placed in the capitol. A Federal judge has ordered it be removed, and Justice Moore is refusing. The stage is set for a pretty large showdown very soon. As you can probably tell from my links and my previous entries, I'm a pretty religious person. However, I'm going to approach this from a purely humanistic viewpoint.

The Ten Commandments were the foundation for Jewish law. These commandments are recorded today in our Holy Bible, and the first four reference God or holiness (no other gods, no graven images, God's name in vain, and keeping the Sabbath holy). The remaining six are good precepts even for those who do not subscribe to any form of religion. These are no different from other historical laws, such as the Code of Hammurabi, and other collections of laws.

Several of our founding documents reference concepts found in the religious commandments. The Constitution, Article I, Section 7, recognizes Sundays as a day apart (much like commandment 4). The Declaration of Independence, in the first paragraph, recognizes Nature's God, and in the second, recognize the Creator - both are capitalized and singular, in line with the 1st commandment. Furthermore, The Magna Carta, a body of English law upon which our Constitution was based (and, coincidentally, predates the 1611 KJV by nearly 400 years), contain references to the one and only God in the Preamble and section 1.

We have also been told as of late that we should accept all religions, including the ever-peaceful Muslims. The prevailing world view of many people is that there is good in everything - and, judging from recent rulings by various courts and the politically correct culture that has pervaded our country, this is the way the government should look at things.

Given that references to most of the overtly religious commandments are in our country's founding documents, and the fact that we are supposed to find the good in everything, I see no reason for this marker to be removed. Justice Moore's personal beliefs should not be brought into this argument. With the 1st Amendment to our Constitution (in the Bill of Rights) prohibiting government from preventing free exercise of religion, the Federal judge's ruling that it must be removed is un-Constitutional, and will be found as such if it is appealed.