Constitutional Ignorance

Tuesday, October 19, 2010 \PM\.\Tue\.

I see that my co-blogger MJ Andrew has already posted about the Christine O’Donnell-Chris Coons debate, and I thank him as that saves me the trouble of having to sort through a whole bunch of links.

I disagree with him, though somewhat reservedly.  Having listened to the entire clip it does seem to me that O’Donnell is questioning whether the concept of the separation of Church and State is in the First Amendment, not the Establishment Clause.  There was some crosstalk at this point in the debate, and it appears to me that she’s just repeating her question with regards to the issue of separation.  It’s debatable, though, and a candidate should do a better job clearly establishing what she’s talking about in such a setting.

That being the case,  I was more intrigued by  Coons’s own response to the question.  While O’Donnell possibly made a gaffe – an unfortunate one if indeed it was a gaffe – Coons’s response is the more troubling aspect of this exchange. Read the rest of this entry »

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Mosque Opponents: Be Careful What You Wish For, You Might Get It

Saturday, August 28, 2010 \AM\.\Sat\.

The debate over the so-called Ground Zero mosque near the former site of the World Trade Center in New York has raised public interest in, and opposition to, other proposed or recently built mosques and Islamic centers throughout the country.

In areas where Muslim migration or immigration has been significant, some citizens have attempted to discourage construction of new mosques. Few come right out and cite the threat of terrorism; more often they seem to resort to time-honored NIMBY (Not In My Back Yard) tactics such as creative interpretation of zoning ordinances, claims of decreased property values, or claims of real or potential problems with traffic, noise, etc.

Before I go any further, I want to make it clear that I understand the need to be vigilant regarding the potential for violent subversion, as well as the dangers of taking such a politically correct approach to militant Islam that people hesitate to report obvious suspicious activity for fear of being labeled bigots (as seems to have happened in the Fort Hood massacre case).

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On Media and Mosques at Ground Zero

Saturday, August 14, 2010 \PM\.\Sat\.

One of the interesting (by which I mean dull, predictable and repetitive) aspects of the 24 hour news cycle is that all forms of media have incentives to magnify and actively seek out controversy. Not only does this increase ratings/page views/newspaper sales, it provides media outlets with something – anything in a slow news month – to talk about. I can’t help but feel that the recent outburst of commentary about the construction of a mosque near the site of the 9/11 attacks is the type of story designed to increase media consumption and accomplish little else. The First Amendment is not in dispute here; freedom of religion is well established and protected by settled case law. Furthermore, the proposed mosque is to be constructed on private property, and there is no legal reason to challenge its construction. And so most of the discussion revolves (and frequently devolves) around taste and symbolism.

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From Franco to Flaccid in 40 Years: Why Christians Must Embrace Liberty Instead of Government

Monday, July 19, 2010 \AM\.\Mon\.

I am currently reading through one of the most fascinating and relevant books of our time, America Alone, by Mark Steyn. One of Steyn’s most provocative and convincing arguments is that demographics  will decide the future of Western civilization and the entire world.

Steyn argues that while the entire planet is or will be entering a phase of birth rate decline, some areas decline faster than others. America’s birth rate is falling, but Europe’s is falling faster, and Russia’s faster still. Meanwhile countries throughout the non-Western world are falling from much higher birth rates and will take decades to match our levels. Falling birth rates are bad news for everyone, but especially bad news for those who fall further and faster.

An analogous situation can be seen in the decline of the Church, and Christianity in general, at least with respect to the Western world. The number of Americans identifying as Christian or Catholic has decreased in recent years, but it will take some time for that number to reach abysmally low European levels. Here however I think it is important to move beyond a pure numbers game and look at some of the more qualitative  aspects of Christian/Catholic decline as well.

Read the rest here.


Elena Kagan Says It Is Fine If The Law Bans Books

Tuesday, June 29, 2010 \AM\.\Tue\.

SCOTUS nominee Elena Kagan has argued before the Supreme Court that it’s fine if the Law bans books.

Her rationale?

Because the government won’t really enforce it.

I’m no legal scholar but this sounds like a 3rd grade argument.

Aren’t our nominees suppose to have better reasoning skills and a solid grasp of the U.S. Constitution?  As well as a fundamental understanding  of such concepts like Freedom of Speech?

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Supreme Court Rules That Public Universities May Discriminate Against Christian Student Groups

Tuesday, June 29, 2010 \AM\.\Tue\.

Back in 1979 I was one of the founding members of the Christian Legal Society at the University of Illinois.  Yesterday, the Supreme Court ruled 5-4 that the Hastings College of Law at the University of California was within its rights to deny recognition to the Christian Legal Society because the group requires that members agree, among other principles, that sexual activity outside of marriage between a man and a woman is sinful, and that members must be Christians.  Hastings contended that these principles violated the open membership policy of the university, in that it would discriminate against prospective members on the grounds of religion and sexual orientation.  Go here to read the decision.

Justice Alito, joined by Chief Justice Roberts, Scalia and Thomas, wrote a thought provoking dissent.

The proudest boast of our free speech jurisprudence is that we protect the freedom to express “the thought that we hate.” United States v. Schwimmer, 279 U. S. 644, 654–655 (1929) (Holmes, J., dissenting). Today’s decision rests on a very different principle: no freedom for expression that offends prevailing standards of political correctness in our country’s institutions of higher learning.

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The Obama Administration and Freedom of Speech

Wednesday, October 7, 2009 \AM\.\Wed\.

George Washington-Freedom of Speech

“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.”

The Founding Fathers left no doubt which freedoms they held most important.  They inserted them into the First Amendment to the Constitution.  Freedom of speech and of the press come right after freedom of religion.  These freedoms, and all the others set forth in the Constitution, are the birthright of all Americans and a precious example to the rest of the world.  That is why I am bemused by the manner in which the Obama administration appears to be indifferent to attempts to undermine freedom of speech and of the press at the UN.

Hattip to Instapundit.  In an article here at the The Weekly Standard, Anne Bayefsky, writes about the Obama administration signing on to a freedom of expression resolution.

“The new resolution, championed by the Obama administration, has a number of disturbing elements. It emphasizes that “the exercise of the right to freedom of expression carries with it special duties and responsibilities . . .” which include taking action against anything meeting the description of “negative racial and religious stereotyping.” It also purports to “recognize . . . the moral and social responsibilities of the media” and supports “the media’s elaboration of voluntary codes of professional ethical conduct” in relation to “combating racism, racial discrimination, xenophobia and related intolerance.”

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