In the third installment of my proposal for a libertarian-distributist alliance, I explore why libertarians ought to be open to distributist ideas. An excerpt:
Chief among the reasons to support a greater distribution of property is the simple truth that the maximum sphere of individual liberty is not to be found in an individualist utopia, but a strong localism that provides individuals in a moral and efficient way that which they would otherwise turn to a powerful state or crime syndicate to provide.
In his encyclical Aeterni Patris, Pope Leo XIII sought to advance the restoration of Christian philosophy against the modern trends of secular philosophy, emerging from Enlightenment rationalism. The critique of modern intellectual errors and the way in which such false thinking manifests itself in the world has deeply shaded my personal reflection on the tragedy of legal abortion.
As we observe the sad thirty-seventh anniversary of Roe v. Wade, the Supreme Court decision that overturned all state laws banning abortions and effectively served as a judicial death warrant for tens of millions of innocents, I think it is appropriate to pay tribute to the two dissenting Justices, Byron White, a Democrat, and William Rehnquist, a Republican. Here are the texts of their dissents:
MR. JUSTICE WHITE, with whom MR. JUSTICE REHNQUIST joins, dissenting.
At the heart of the controversy in these cases are those recurring pregnancies that pose no danger whatsoever to the life or health of the mother but are, nevertheless, unwanted for any one or more of a variety of reasons — convenience, family planning, economics, dislike of children, the embarrassment of illegitimacy, etc. The common claim before us is that, for any one of such reasons, or for no reason at all, and without asserting or claiming any threat to life or health, any woman is entitled to an abortion at her request if she is able to find a medical adviser willing to undertake the procedure.
The Court, for the most part, sustains this position: during the period prior to the time the fetus becomes viable, the Constitution of the United States values the convenience, whim, or caprice of the putative mother more than the life or potential life of the fetus; the Constitution, therefore, guarantees the right to an abortion as against any state law or policy seeking to protect the fetus from an abortion not prompted by more compelling reasons of the mother.
With all due respect, I dissent. I find nothing in the language or history of the Constitution to support the Court’s judgment. The Court simply fashions and announces a new constitutional right for pregnant mothers [410 U.S. 222] and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes. The upshot is that the people and the legislatures of the 50 States are constitutionally dissentitled to weigh the relative importance of the continued existence and development of the fetus, on the one hand, against a spectrum of possible impacts on the mother, on the other hand. As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.
As freezing temperatures continue to grip the nation and the world I thought this political cartoon apropos to the many climate change proponents that continue to peddle this pseudoscience.
Which is why I am promoting the possibility of an amendment to the U.S. Constitution for the Separation of Science and State. The new law would make it possible to separate the radical environmentalists and their socialist allies from imposing their false faith in scientism upon Americans.
(Biretta Tip: Lucianne)
Representative Todd Akin (R-MO) lead the Pledge of Allegiance at a rally protesting the Democratic health care reform bills. He gave a short statement beforehand on the importance of the phrase “under God.” He then invited everyone to join in the recitation of the Pledge because it “drives the liberals crazy.” This statement shouldn’t be surprising coming from a member of a party committed to nationalist overtones and calling into question the patriotism of anyone who dares to dissent from their claims of what is “patriotic.” Yet Rep. Akin made a fool out of himself when it was time to actually recite the Pledge.
Sure, he simply had an honest stumble. I am sure we all do it. But it is quite hilarious that it took place after he sanctimoniously claimed some sort of patriotic high ground for conservatives because liberals apparently hate our country. So much for his credibility. . .
Similarly, House Minority Leader John Boehner was fired up against the Democrats at a Tea Party rally. He went to invoke the Founding Fathers who wrote in the preamble of our Constitution: “We hold these truths to be self-evident…”
Mr. Boehner does not appear to know the difference between the United States Constitution and the Declaration of Independence. Better luck next time.
John Adams, second President of these United States, was a man of very firm convictions. Once he decided to support a cause, most notably American independence, nothing on this Earth could convince him to change his mind. In regard to religion he was raised a Congregationalist. Although described as a Unitarian, I find the evidence ambiguous in his writings and I suspect he remained at heart a fairly conventional Protestant. As such he was unsympathetic to the Catholic faith by heredity, creed and conviction. However, he did attend Mass on occasion, and his writings about these visits show attraction mixed with repulsion.
On October 9, 1774 Adams and George Washington attended a Catholic chapel in Philadelphia during the First Continental Congress. He reported his thoughts about the visit to his wife and constant correspondent Abigail:
“This afternoon, led by Curiosity and good Company I strolled away to Mother Church, or rather Grandmother Church, I mean the Romish Chapel. Heard a good, short, moral Essay upon the Duty of Parents to their Children, founded in justice and Charity, to take care of their Interests temporal and spiritual.
This afternoon’s entertainment was to me most awful (Adams here means awe-inspiring and not the more colloquial use of the term common in our time.) and affecting. The poor wretches fingering their beads, chanting Latin, not a word of which they understood, their Pater Nosters and Ave Marias. Their holy water– their crossing themselves perpetually– their bowing to the name of Jesus wherever they hear it– their bowings, and kneelings, and genuflections before the altar. The dress of the priest was rich with lace– his pulpit was velvet and gold. The altar piece was very rich– little images and crucifixes about– wax candles lighted up. But how shall I describe the picture of our Saviour in a frame of marble over the altar, at full length, upon the cross in the agonies, and the blood dropping and streaming from his wounds.
The music consisting of an organ, and a Choir of singers, went all the afternoon, excepting sermon Time, and the Assembly chanted– most sweetly and exquisitely.
Here is everything which can lay hold of the eye, ear, and imagination. Everything which can charm and bewitch the simple and the ignorant. I wonder how Luther ever broke the spell.”
“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.
“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.”
The Cranky Conservative, Paul Zummo, is beginning a series on his blog on the Federalist Papers. His comments on Federalist 1 are here. The Founding Fathers created a system of government which has endured for over two centuries. That is a formidable achievement. The Federalist Papers, written in the heat of the ratification battles over the Constitution, are the primary text for understanding what motivated those who sought “a more perfect union”, how they expected the new government to function and their arguments in response to the anti-Federalists who opposed the Constitution. It is easy to draw up schemes of government; it is very difficult to make them function in reality. In the Federalist Papers we see at the beginning the drive to create one nation out of the disparate states. Paul has embarked upon an intellectual adventure in giving an exposition to these theoretical building blocks of our Republic and I urge you to join him for each installment.
I wasn’t sure whether or not to post this as an update to my earlier post on John Holdren, but I thought it was interesting enough to warrant its own posting.
I’ve read some of the scanned pages of Ecoscience, the 1977 book co-authored by Holdren that calls for horrifying coercive measures for population control. Interestingly, Holdren & Co. felt the need to address pro-life arguments in their book. Their moral reasoning only proves, yet again, how dangerous (not to mention illogical) some ‘scientists’ can become when they venture into moral philosophy. This provides us an opportunity to take a tour through the inhuman humanism condemned by Pope Benedict in Caritas in Veritate.
American Political Theory and Constitutional Law Series, Pt. I
The American people have a history of distrust and suspicion of centralized authority. The original framework for the primitive independent-America outlined in the Articles of Confederation was not weak by accident. Even despite the clear insufficiency of the-then government under the Articles, the framers of the Constitution still found their vision of government to be a hard sell. It is fair to say their success was in finding an effective mix between the Athenian assembly and Roman Senate combined with ‘checks and balance’ with two other branches of government—a republic instead of a direct democracy.
In many ways, this debate has lived on. It is remarkable, particularly in recent decades, how many constitutional amendments have been given real and serious consideration by the U.S. Congress, from balanced budgets, to flag desecration, to super-majorities for taxes, to line-item veto just begin the list in attempts to reshape the constitutional order.
For some time I have had mixed and often conflicting beliefs about this whole debate. The usual “left” versus “right” spin is, as usual, tiring. Though, I have re-engaged the matter due largely to a new found interest in the project development of Catholic legal theory. Such an undertaking on the part of Catholic law professors and legal professionals have been enormously helpful in the process of asking serious questions and finding an authentic Catholic answer to crucial questions about American government, constitutional law, and jurisprudence. This couldn’t be more true than with my quarrels with the “living Constitution theory” as well as “originalism.” Though it is probably still the case, to some degree, that I am troubled about answers to these questions. I have become more convinced by those who make the case (in regard to one matter) that America needs a much needed reminder: constitutional amendments should be rare and limited to issues of historic significance. The U.S. Constitution must be preserved from short-term and sudden passions. The starting point, I think, is to reiterate, as the Founding Fathers did, the merits of representation, deliberation, and conciliation.
American voters in great number say they favor change, but there is no consensus or clarity about neither the amount nor direction such change should take. Not so surprisingly, contemporary political debates do very little to educate the public about essential constitutional issues. Serious discussion is not only past due, but is vital. What is a greater threat to constitutional government than a lack of substantive public debate and public awareness? An uninformed, ignorant public is perilous to the common good and constitutional order.
Lawlor and McDonald, the two anti-Catholic bigots behind a bill to tell the Catholic Church how to operate in Connecticut, have tucked their tails between their legs, cancelled the hearing on their bill, and their hate note to the Catholic Church, disguised as a bill, is dead for this legislative session. Massive publicitity worked the trick, and endless outraged calls, e-mails and faxes to the legislators. Kudos to State Senator John McKinney (Republican, Fairfield) who called 24 hours ago for the hearing on this bill to be cancelled and announced that every Republican in the state senate was against this bill, and that the bill was blatantly unconstitutional. I am sure the bigots will be back, but so will those of us who oppose them. A good day in Connecticut.
Update: Hmmm. The bigots were apparently in alliance with members of Voice of the Faithless. Surprise!
Anti-Catholic bigots are busily at work in the Connecticut state legislature. Raised Bill 1098 would effectively place any corporation connected with the Roman Catholic Church in Connecticut under lay control. The sponsors of the bill, Representative Mike Lawlor, ironically a law professor, and State Senator Andrew J. McDonald, a lawyer, generously allow the local bishop or archbishop to serve on such a board of directors but without a vote.
Ryan Harkins took an initial look at how Catholics should look at the question of whether there is a natural right to own guns in a post last week. The basic thrust of Ryan’s argument, and I ask him to correct me if I misstate this, was to examine the question of whether the benefits of private gun ownership outweighed the potential social evils. This is, in a sense, an obvious way to look at the question. If one is trying to determine the rightness of allowing people to own something potentially destructive, it would seem natural to take a “do the benefits outweigh the dangers?” approach.
I’d like to take a slightly different approach, looking at both the actual text of the second amendment and Catholic Social Teaching. The second amendment reads:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The libertarian approach to this is to assert that an armed citizenry is required in order to provide a counter-weight to the power of the government. However, I’m not convinced that the thinking behind the second amendment was a merely a balancing of powers in this sense. Rather, it seems to me that to a great extent the US Constitution is written with the point of view that people possess certain natural rights and duties, and that from these spring rights and duties of the government. My understanding is that one of the major controversies in regards to the second amendment (one spoken to fairly definitely in last June’s District of Columbia v. Heller decision) has been whether it secures a right of state militias to have weapons, or a right of individuals to have weapons. While in effect my opinion on the matter lies closer to the individual right side, it seems to me that there is an important distinction which has been increasingly lost in our modern mass society:
Senator Obama has stated that he wants the Internet to be regulated. CNET had this exchange of a MoveOn.org member asking Senator Obama this very question:
He asked Obama: “Would you make it a priority in your first year of office to reinstate Net neutrality as the law of the land? And would you pledge to only appoint FCC commissioners that support open Internet principles like Net neutrality?”
“The answer is yes,” Obama replied. “I am a strong supporter of Net neutrality.”
This “Net Neutrality” law would be something along the lines of the Fairness Doctrine. Conservapedia states that the Fairness Doctrine required broadcasters who aired material on controversial issues to provide “equal time” for the expression of opposing views. The end result was censorship, broadcasters simply refrained from airing public affairs programing.