↓ Archives ↓

Posts Tagged → principle

Roe v. Wade was never about abortion

Like so many other far-reaching court decisions, or laws, or executive orders emanating from Washington, DC, Roe v. Wade was originally cast publicly as something it actually wasn’t.

Yes, on its face Roe v. Wade was about abortion, the termination of human life while still inside the mother’s body. But in fact, the way the court’s decision was structured, it was the exuberantly creative legal theory behind the Roe decision that was most important. And it was that legal theory that laid the ground work for so much of the openly political activist behavior we see emanating from way too many judges and federal bureaucrats across America.

Roe v. Wade was decided within a time of great social turmoil and cultural change, and a lot of the contemporaneous political activism pressure from the Left is visible in Roe. Especially the twin evil sisters of moral relativism and intellectual relativism. One example is the in-artfully creative use of the word “penumbra,” a sort of shadowy shadow that reputedly lay over so many different amendments to the US Constitution that clearly listing them all was just too tiring to Roe’s authors. Yes, the Court majority invoked aspects of the Fourth and Fifth Amendments, and went on to stitch together a pseudo- logical framework for legal decision (then using the 14th Amendment) making that is still with us today.

Vagueness as a reason for heavy handed policy is now the Left’s standard. “Because we told you to do it” is the way that is spelled out.

Every professor who taught me constitutional law was a liberal, and every single time any one of them delved into Roe, a smirk was on their face. Lots of eye rolling and chuckling accompanied these professors’ analysis of the poor legal reasoning behind the decision. Which meant to me then, and even more so now, that no one with real constitutional law training believed Roe was a legitimate legal decision based on actual logic, law, and fundamental constitutional principles. Rather, all the liberals who exulted in Roe did so because it backdoor-attained a policy goal they could not achieve through the legislative process, and because it established a mush-headed standard for all future legal decisions.

So today, some fifty years after Roe v. Wade-type legal analysis has wafted its way throughout the legal profession, the courts, and the bureaucracy, we see the ultimate and inevitable result of such a “creative” legal approach: Although the Second Amendment says crystal clearly that citizens may both keep and publicly bear firearms, and that this right shall not be infringed, a zillion policy makers and courts blatantly ignore 2A’s plain wording and just start throwing anti-gun policy ideas into the pot. These judges give no respect to what the Constitution actually says; rather, they use their court rooms purely for writing policies that fit their political views. Same goes for ATF bureaucrats.

I blame Roe v. Wade for where our court system is now. And where it is now is not just political policy shops in black robes, but we have defiant leftist activists in black robes, who simply ignore the Supreme Court’s precedents and make their own damned ruling. Even if their damned ruling is totally contrary to a US Supreme Court decision from just weeks or months ago. This approach is junk law, and it calls into question the entire field of jurisprudence. It highlights in just one more way how the Left is hell bent for leather to implement its political policy goals, at whatever cost to America’s legal and cultural fabric.

In case you don’t know it, when a lower court openly defies the Supreme Court, the entire court system is thrown out the window. We then have nothing but anarchy.

So, when the US Supreme Court overturned Roe v. Wade two weeks ago, it was not surprising to see the Left melt down, as if their ability to kill babies had in fact been fully deprived of them. After all, when a person sees every branch of government as nothing more than a policy shop devoid of logical process, then everything becomes about winning or losing the policy war. Here the Left feels they have lost, when in fact, all this recent Court decision did was turn the issue over to the various states (No, Barack, there are not 57 states). Where actual voters get to choose how they want their state government to address what should be a sensitive subject.

(The same 1960s and 1970s people who had just protested against American soldiers as “baby killers” in Vietnam then became the biggest champions of killing babies…go figure).

To its proponents and supporters, Roe v. Wade was never really about abortion or babies, it was about introducing a weak-minded, unprincipled, grab-what-you-can “by any means necessary” approach to forming government policy. And in fact one of the main reasons I left my US EPA policy job in Washington, DC, was because I personally witnessed many regulations and rules being formed exactly this way, where (liberal/ Left) agency staff would literally just imagine a bunch of shit and put it in the regulation or rule. Justified or no, or extra cost to industry and consumers be damned. It is a terrible way to run representative government. But it is the way that Roe taught liberals and Leftists to think about government.

As a proponent of good government, where transparency and accountability are everyday occurrences for the taxpayers, I am glad that Roe is gone. Now the politically difficult part of democracy is upon all of us: Figuring out how many babies people can kill, when, and where. Based on my principles, I would expect this democratic process to follow a certain logic path. But we are not dealing with principles here, but rather a passion on the Left for absolute control. And they don’t like losing control. Or thinking hard. Or debating issues with evidence and cross-examination and due process.

Should be interesting going forward.

 

Ten take-aways from my Election Day experience

With the Kerwin men, quality people

Primary elections are more important than the general election every November, because voters choose who is going to be representing them at the November election. And in the case of Republican Party voters, if you don’t vote for constitutional America-First candidates, you are guaranteed to have a Republican In Name Only (RINO) liberal running against the Democrat Party liberal in the November election. There’s not a whole lot of philosophical difference between the Republican liberal and the Democrat liberal, and after that November election between a RINO and a Democrat it’s just a question of how rapidly America is destroyed under your feet, slowly or quickly.

On Tuesday I volunteered at four different election polls, handing out brochures for Kathy Barnette, and I spoke with a lot of voters. Here are some take-aways from my experience during and after Tuesday’s Primary Election here in PA:

  • Unsurprisingly, voters make both simple and complicated choices in voting for candidates. Simple choices can be lazy or principled, and complicated choices can be bizarre or carefully thought out. Candidate selection is as complex as any other choice in life, and I think that is a good thing.
  • Party establishment endorsement is a negative among Republican/ conservative voters, who appear to increasingly view the GOP as a force for bad and not for good. For example, Lou Barletta’s campaign unleashed a tidal wave of Republican establishment career politician endorsements in the days before Tuesday’s election, and if anything these endorsements seemed to hurt Barletta at the polls, not help him; Doug Mastriano crushed Barletta.
  • On the other hand, Democrat voters seem highly attuned to and in synch with their establishment, as witnessed by political newcomer Justin Fleming’s trouncing of long time Democrat Party activist Eric Epstein in the newly created 105th Legislative District (PA House). For at least ten years, and probably closer to twenty years, independent-minded liberal Epstein has run for everything from dog catcher to school board to state senate, almost always unsuccessfully but always with close-call results. Not this time. Apparently ten unions and the House Democrat Campaign Committee aggressively weighed in to stop Epstein from finally capitalizing on his well-known household name in southcentral PA. Fleming the unprincipled “electoral pragmatist” won with 61% of the vote.
  • Money is not all that it used to be, but it can still matter in elections, no surprise. Case in point is a very small amount of money (like $157,000 total), old fashioned shoe leather, and reasonable social media networking got conservative grass roots favorite Kathy Barnette up to 25% of the vote in an eight-candidate race. This is a huge statement about the lack of importance of money. However, when the wildly false negative attacks against Barnette started pouring in during the last week from McCormick and Oz and their supporters, like Sean Hannity, Barnette lacked sufficient funds to get out her last-minute rebuttals on TV and radio that could have gotten her over the finish line to win. Enough confusion and obfuscation was created by the attacks to blunt Barnette’s position at the top, and allowed both Oz and McCormick to grow their own voter returns at her expense. Had Barnette possessed a million dollars to do last-minute TV and radio ads, she probably would have won the election.
  • Negative advertising does work, and it also greatly suppresses voter turnout. At all of the five polls I was at yesterday, voting was down between 10% and 20%, and I believe many voters were just fed up and confused by all of the negative advertising. SO they stayed home and said “I will just vote in November for whoever wins this primary race.”
  • Conservative voters are much more oriented toward ideology and principles than political party.
  • Almost every primary election has one winner and some losers, and almost always the losers say they will take their ball and go home if they don’t win, and they won’t back the winner of their race. For weeks before and even after the election was over, I heard unceasing complaints from Republicans about how Mastriano is “too conservative” for Pennsylvania, and that his win will automatically hand the governorship to Komrade Josh Shapiro. I also heard unceasing complaints from Republican voters that Lou Barletta was too milquetoast to appeal to anyone in November, except for blue haired suburban GOPe Republicans. Folks, get used to these competitive races. They are good for us. This competition is just the nature of real and healthy primary races, something that Republicans really need, and something that the GOPe HATES. The Republican Country Club Party hates hates hates sharing decision making with the unwashed dirty masses, who keep gumming up GOPe dreams of easy ill gotten wealth and posh fundraisers. Sorry not sorry, GOPe, get used to ceding more and more decision making to the actual people you claim to represent. It is a good thing, and it is why Mastriano won by an enormous margin.
  • For the most part, the GOPe got its ass kicked in PA and elsewhere in America. RINOs like Jake Corman (the sitting President Pro Tem of the PA Senate!!), Jeff Bartos, et al either dropped out or finished below 5%, while underdog candidates like Kathy Barnette and Dr. Oz scored big time vote returns against the establishment’s wishes. We are witnessing a power shift away from GOP party bosses, which is a good thing, because party bosses are corrupt and self-serving people.
  • Charlie Gerow is still a good guy, and still not a catchy candidate. Once again, voters enjoy Charlie as an articulate proponent of conservative values, but not as a representative in government for their needs. Charlie is a salon intellectual in the mold of William F. Buckley, one of the 20th century’s great conservative crusaders. Not winning elections doesn’t mean Gerow isn’t relevant, it just means his strength is in policy debates and in the conservative salon of ideas. Nothing wrong with that.
  • Finally, yard signs and road signs do not mean anything close to what they used to represent even ten years ago. At one time yard signs and roadside signs were a big part of electoral public outreach, but in this digital age, they are becoming less important. I would not say they are unimportant, because in some ways they can be used to get a sense of voter engagement. Like, lots of signs for Candidate X in a county or in a region probably means that Candidate X is well known there. But it does not mean that Candidate X is necessarily going to convert that name recognition into an Election Day win. Information is now moving so fast and so far across the political landscape, that just one gaffe or one slip-up by an otherwise reasonable candidate can mean the end of their lead or presumptive win. No amount of yard signs can counter a fifteen second video of a candidate doing or saying something ridiculous.

Thank you to all the voters who spent time talking with me on Tuesday. I promote candidates at polls on Election Day every year because these are people I believe in, and I believe in sharing the why and how I have arrived at my decision on whom to vote for. One thing that has not changed among voters at polls since I was a teenager is this: Liberal voters at polls are always surly, grumpy, dismissive, or disrespectful. Do not ask me why this is, but it does hint at how some people think.

 

 

True spirit of an American president

What follows below is the real spirit of the true American president and every true American citizen. Not a corrupt Marxist thief who stole the would-be elected position through vote fraud and now seeks to coerce free American citizens to become feudal serfs under the thumb of tyrannical government bureaucrats, but a freedom-loving, citizen-loving, Constitution-loving American through-and-through.

An order of April 6, 1779, issued in Boston and now preserved in the Emmet Collection of the New York Public Library (also on display in Morristown, New Jersey), describes in detail the required arms and accouterments of that day (1779) for America citizens. Its spelling is of that time:

To Shrimpton Hutchinson Esq.
SIR,

You are hereby ordered and directed, to compleat yourself with ARMS and Accoutrements, by the 12th Instant, upon failure thereof, you are liable to a FINE of THREE POUNDS; and for every Sixty Days after, a FINE OF SIX POUNDS, agreable to Law.

Articles of Equipment,

A good Fire-Arm, with a Steel or Iron Ram-Rod, and a Spring to retain the same, a Worm, Priming wire and Brash, and a Bayonet fitted to your GUN, a Scabbard and Belt therefor, and a Cutting Sword, or a Tomahawk or Hatchet, a Poach containing a Cartridge Box, that will hold fifteen Rounds of Cartridges at least, a hundred Buck Shot, a Jack-Knife and Tow for Wadding, six Flints, one pound powder, forty Leaden Balls fitted to your GUN, a Knapsack and Blanket a Canteen or Wooden Bottle sufficient to hold one Quart.

In other words, our American citizen, Shrimpton Hutchinson [fabulous name!], Esq., was commanded by his government to prepare for war against enemies both foreign (British Redcoats) and domestic (anti-freedom, anti-America Tories/Royalists/Loyalists), by assembling his own personal war-making weapons and equipment. Notably a military-grade firearm and all of its necessities, plus what we would today call hiking and camping gear for Mister Hutchinson’s time afield as a citizen soldier.

This fierce founding spirit, strong among those who first created America, in its general sense and in its particular military-grade gear requirement, is still alive among those Americans who do not take our freedoms or founding principles for granted. We who embody this spirit today know that tyranny is always just one generation away, because unfortunately, a proportion of humans are always power-crazed control freaks, who will not rest until they have every person under their thumb and absolute control. It is just the nature of some people to be bad this way, and it is therefore the duty of freedom-loving people to reject and sometimes legally or even physically repel those bad people.

In this vein, several months ago, Pennsylvania attorney Josh Prince won a significant lawsuit about the ownership and use of private firearms here in Harrisburg, with implications for holding over-reaching, anti-freedom government bureaucrats accountable across the entire Commonwealth. In a nutshell, the Court held that Pennsylvania’s firearm pre-emption law means exactly what it says, which is that local municipalities cannot create a 2,500-municipality crazy patchwork of firearm regulations here, any more than local municipalities can create such a patchwork of abortion regulations or approved books regulations etc.

I am the Harrisburg City plaintiff in this lawsuit, brought and paid for by Firearm Owners Against Crime, a group of which I am a life member. Although I am not presently bearing arms against tyrants like our patriot friend Shrimpton Hutchinson in 1779, I am part of the ongoing legal contest to preserve the basic rights of free American citizens to own and bear military-grade firearms for our own self-preservation.

The irony of this is that I actually do not like or enjoy military-grade firearms. My greatest personal enjoyment and use of firearms is the old muzzle loaders and black powder cartridge sporting firearms of the 1770s through about 1910. It is that spirit of free choice you have between one firearm and another that I defend and promote.

Hopefully soon, America will have a person in the Oval Office worthy of being called President (and not President* or pResident), a person in and on whom the spirit of our founding principles sits deeply. A person who not only trusts his fellow citizens with military grade firearms, and who sees America as a government Of, By and For The People, but as in 1779 he demands that they personally keep and own such firearms at home and on their person, to be prepared always to use them in defense of America.

The spirit of America – a worker leaving his office while preparing to repel lawless tyrants. This is where your freedom comes from

People ask me why

For some people, politics and political activism are their bread and butter.  Politics pays their bills.  With the right clients, they can make millions of dollars out of politics as a business model.

For me, politics is about personal liberty, freedom, opportunity and many other inspiring principles behind the founding of America.  It is also about the little freedoms we have that emanate from the bigger ideas:  The freedom to drive or walk somewhere without having to prove that you belong there, the freedom to choose where to live, the ability to select from a wide assembly of fresh food, to name a few popular ones.

Call it an innate sense of justice and right and wrong, which family and friends have said I’ve had since I was a little kid, or call it a lack of patience, an inability to watch, participate in, listen to, or tolerate BS/fluff/empty slogans/lies/self-interest, whatever it is that motivates me, I am passionate about good government.

Good government has been a passion of mine since I was a teenager, when I first got involved in political campaigns.  Back then, I was horrified at the way abortion-on-demand was changing our culture, I was against gun control, and nuclear missiles scared me.  Later on, watching police beat non-violent pro-democracy marchers in South Africa motivated me to put my voice behind change there (note that now the monumentally corrupt and un-just African National Congress government there is hardly better than the overtly racist apartheid government it replaced).  Age, paying taxes, and work experience have a way of shaping political views for normal people, and I was no exception.

So here I am, living a life that has meaning for me, trying to shape Pennsylvania and American politics in ways I believe are healthy, necessary, and just.  The citizens and taxpayers who are supposed to be served well by their government (of the people, by the people, for the people) are not being well served today.  This is why I am involved in politics.  That is why I will not go away, at least not until things are fixed to my satisfaction.