Category American Values

Oh, for a little straight talk now that spring is in the air

Pat Ryan 1 Comment

The political reaction to the death of Supreme Court Justice Antonin Scalia is the clearest evidence I’ve seen lately of the sclerotic thinking that passes for wisdom and strategy in American politics.  Not saying I’m surprised, mind you, just saying.

Don’t get me wrong: every vacancy on the Supreme Court of the the United States, ever, has been the occasion for political plotting and pontificating…that’s the nature of the beast.  Maybe there was more lip service paid in the past to observing “a decent interval” before going public, but we know that one reason the successful professional political players are successful is that they don’t let an opportunity to gain advantage go to waste.  In this case, Scalia’s body hadn’t made it home to Virginia before Senate Majority Leader Mitch McConnell announced his intention to block anyone nominated by President Obama in the hope that a Republican wins the presidency this November.

Why?  Because “The American people should have a voice in the selection of the next Supreme Court justice”?  Excuse me, Mr. Majority Leader and avowed Obstructionist-of-Obama-in-Chief, but that’s not the way it’s done and we all know it.

There isn’t—or shouldn’t be—any disagreement on the facts: the Constitution gives this president the responsibility to nominate a new justice in this case, not the next president; many of the same Republican senators now insisting that the process must be put on hold for the good of the nation had very different opinions when the question came up during the last few months of George W. Bush’s presidency.  (Yes, plenty of Democrats have more than a passing acquaintance with hypocrisy as a political tool, too, starting with Chuck Schumer on this same topic eight years ago; I’m sure some of you have more examples.)  Also true is that the Constitution gives responsibility to the Senate to approve or reject that nominee, with no timetable or deadline for doing so.

There’s no question that McConnell and the Republican majority have no legal requirement to approve President Obama’s nominee, or even to put the nomination to a vote.  They may make the political calculation that stonewalling for a year is the better path: bet on winning the White House and holding the Senate so they can have their pick of ultraconservative judges, versus running the risk of losing both and allowing the Democrats to choose another Douglas or Brennan (if one can be found).  I wish they would just say so, instead of going to the well for another round of the Obama Apocalypse that (inexplicably) plays so well with a certain portion of the electorate.  Andrew Prokop at Vox.com wrote them a first draft of such a speech:

Justice Scalia was a strong, solid conservative. And whoever Barack Obama nominates to replace him is certain to be well to his left — and will likely be very, very, very far to his left.

This would upset a balance of power in the Court that has existed for decades. Instead of a five-vote majority that is generally conservative, a Scalia replacement appointed by President Obama would allow a new majority bloc of five solid liberals to form. On issues affecting free enterprise, the sanctity of human life, and federal power, sweeping new liberal rulings could reshape law and precedent across America.

I believe this would be a disaster for the country. Most members of my party believe this would be a disaster for the country. And most of my party’s voters believe it would be a disaster for the country.

So I’m going to do my best to stop it from happening.

(snip)

…in suggesting that President Obama shouldn’t appoint any replacement for Scalia, and that he should just leave it to the next president, I am rhetorically going further than others have in the past.

But really I’ve just hit the fast-forward button. We would have ended up opposing whomever Obama nominated, because that person would, of course, have had liberal views. And my party’s senators would never have approved any other Obama Supreme Court nominee anyway, because they’re terrified of losing their seats in primaries.

So maybe my “no nominees in the final year” position hasn’t explicitly been taken by anyone before, but it hardly means the death of our constitutional democracy. The near-term upshot is that one Supreme Court seat stays vacant for a year. Some closely divided cases will effectively remain unresolved for a bit. Big deal.

When setting a price cheapens the product

Pat Ryan Leave a comment

The recent news that the Pentagon has been paying professional sports teams to honor current service members and military veterans was dismaying and surprising to me.  I’ve become numb to the annoying level of enforced patriotism in America in the past ten years or so, chalking it up to the thoroughly American trait of overdoing pretty much anything that becomes popular.  But I hadn’t considered that our government was paying hard money to try to keep the swell of pride in the military from subsiding.

Frankly, I’ve felt sorry for the men and women who were trotted out to the field to accept the accolades, because I felt they were being exploited by the local teams.  Turns out, they were being exploited by their government, too.  Now, Tom the Dancing Bug makes it clear that I should not have been surprised at all:

td151113

Thanks to Tom the Dancing Bug and GoComics.com

Don’t let the facts get in the way of (your) truth

Pat Ryan 3 Comments

A old friend of mine—a friend from way way back, I mean; I’m actually older—recently published a nice piece in which he argues for all of us to expand the sources of news and information we regularly sample and to rediscover the ability and the inclination to think critically.  You can read it here, and when you get past the cows and the sharks (you’ll see) he makes a good point about how in today’s world our experience and exposure tend to drive most people into a set of beliefs that become impermeable to facts and reason.  Unfortunately.

Today I was looking through articles I’d saved to write about some day, and found one that relates to Joe’s post: from almost three years ago, Rex Huppke’s Chicago Tribune obituary for Facts.

To the shock of most sentient beings, Facts died Wednesday, April 18, after a long battle for relevancy with the 24-hour news cycle, blogs and the Internet. Though few expected Facts to pull out of its years-long downward spiral, the official cause of death was from injuries suffered last week when Florida Republican Rep. Allen West steadfastly declared that as many as 81 of his fellow members of the U.S. House of Representatives are communists.

(snip)

“It’s very depressing,” said Mary Poovey, a professor of English at New York University and author of “A History of the Modern Fact.” “I think the thing Americans ought to miss most about facts is the lack of agreement that there are facts. This means we will never reach consensus about anything. Tax policies, presidential candidates. We’ll never agree on anything.”

(snip)

Through the 19th and 20th centuries, Facts reached adulthood as the world underwent a shift toward proving things true through the principles of physics and mathematical modeling. There was respect for scientists as arbiters of the truth, and Facts itself reached the peak of its power.

But those halcyon days would not last.

People unable to understand how science works began to question Facts. And at the same time there was a rise in political partisanship and a growth in the number of media outlets that would disseminate information, rarely relying on feedback from Facts.

(snip)

Though weakened, Facts managed to persevere through the last two decades, despite historic setbacks that included President Bill Clinton’s affair with Monica Lewinsky, the justification for President George W. Bush’s decision to invade Iraq and the debate over President Barack Obama’s American citizenship.

(snip)

“American society has lost confidence that there’s a single alternative,” [Poovey] said. “Anybody can express an opinion on a blog or any other outlet and there’s no system of verification or double-checking, you just say whatever you want to and it gets magnified. It’s just kind of a bizarre world in which one person’s opinion counts as much as anybody else’s.”

Facts is survived by two brothers, Rumor and Innuendo, and a sister, Emphatic Assertion…

…and a not-so-distant cousin, Bald-Faced Lie, all of whom now appear regularly in the political “reality show” that passes for journalism on the 24-hour news networks.

(Relive the debut of “truthiness” right here.)

Dear Jon Stewart,

Pat Ryan 2 Comments

Thank you…you and the little army of writers and television gypsies that came together for good, at a time when your country, and I, needed you.  When we were lost, trying to rescue truth from the clutches of the radical political conservatives, and the evangelical Christian extremists, and the political organizations they controlled, you went to the front of the column and screamed, “Seriously?”

Journalism was little help in those dark times.  The major outlets were swampedjon_stewart3 by calls that blamed the “liberal media” for always taking sides against good honest conservatives, so they fell back to reporting controversial stories as little more than “he said/she said” exchanges and refused to identify blatant falsity as such.  They were outmaneuvered by the opposition; they were (and are) cowards, willing victims to what David Shaw of the Los Angeles Times beautifully referred to as “the four horsemen of the journalistic apocalypse: superficiality, sensationalism, preoccupation with celebrity, and obsession with the bottom line.”  So it was left to comedy, satire, to ride to our rescue.

The objection to Puritans is not that they try to make us think as they do, but that they try to make us do as they think. – H. L. Mencken

Almost any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so. – Robert A. Heinlein

It didn’t help that the barbarians at the gate, intent on replacing the tolerant democratic civil society we were aspiring to with a theocracy of their own religious beliefs, decided to unlevel the playing field and refuse to acknowledge any truths that didn’t support their worldview.  The “reality-based community” stood dumbfounded, scrambling for the proper reply to “No, the sky is not blue, and you can’t prove that it is.”  But you found a way.

You like to say that you were just a comedian; true enough, but on The Daily Show you were more than just jokes.  You aimed a most potent weapon—sunshine; the light of day; their own words; common sense—at people who were full of shit and assured us all that the smell was coming from somewhere else.  They deserved what they got from you, and we got to laugh.  And in the process—in pointing out that the emperor indeed did not have on any clothes, that what politicians said quite often was at odds with demonstrable truth, that the 24-hour news channels weren’t worth the paper they were printed on—you reassured a lot of us that there was still hope.  For that, thank you.

Fact is, you did a great job of it just this week and I grabbed the link.  So for old time’s sake, just once more, let me suggest—click the pic, ya maroons.

image

Equal protection: it’s what we do here at the ol’ USA

Pat Ryan Leave a comment

The first time I wrote about gay marriage rights here was more than four and half years ago  (“Equal justice for all: the gay rights tide has turned,” Oct. 15, 2010) and the kernel of the argument was already formed:

We can proclaim not to understand why people are homosexual, or embrace a religious belief that homosexual activity is a sin, but none of that matters in a tolerant, secular, civil society.  The experts can’t say why a person is sexually attracted to one gender or the other.  And it violates the rights of due process and free speech guaranteed to each American in the Constitution to treat someone differently because of their sexual orientation just as it would to treat them differently because of their gender or their ancestry.

(snip)

You don’t have to “understand” gay people any more than you have to “understand” people of a different race or a different religion.  You only have to understand that these people are Americans like you, who believe in American rights like you do, who want to enjoy American freedoms like you do…

This week, history: a 5-4 decision from the Supreme Court of the United States in Obergefell v Hopkins takes its place alongside the great civil rights and civil liberties decisions of American jurisprudence.  The U.S. Constitution guarantees the right of all Americans to civil marriage, and all its advantages and protections, be they heterosexual, homosexual, bisexual, or asexual.  As far as the civil law is concerned this isn’t about sex: it’s about equal treatment under the law.

Homosexual conduct is no longer a civil crime in this country, and thus is no reason to withhold the full rights and exercise of citizenship from homosexuals.  Homosexual conduct is objectionable within many organized religions, to be sure, and virtually all of the opposition to extending the right to marry to gays and lesbians has come on religious grounds.  For the most part I don’t question the sincerity of that religious belief (although it would be prudent to account for the cynical exploiters, primarily from the political realm).

But that’s beside the crucial point, which is that, in this country, civil law is not answerable to religious law.  The First Amendment guarantees that we each and all get the freedom to practice our religions, but also guarantees that none of those religions wields authority directly over civil society.  The Constitution protects us from any majority that would try to force one or another religious doctrine onto everyone—because the Constitution takes religious liberty for all just that seriously—and guarantees that all men and women deserve equal treatment under law.  Despite the nearly hysterical dissenting opinions of some of his colleagues, Justice Anthony Kennedy’s decision didn’t create a new right; it reminded us about a right that’s been there all along…and my friend Mr. Jefferson recognized the rationale by which Kennedy connected the dots (and Peter Foster of the Daily Telegraph reminded via the Twitterverse) long ago:

Obergefell does not mean that First Amendment protections of religious liberties are at risk, despite what you’ve heard.  Some of that reaction is well-intentioned misinformation; most is hot air from right-wing politicians and conservative religious extremists who need a boogieman to scare their supporters into donating money.  (I’m looking at you, Governor Abbott—thanks, Evan Smith for the Tweet-tip.)  In either case, they are wrong.  Religious organizations are exempt from this ruling, as they are exempt from many other laws, like, say, tax laws.  As Lisa Falkenberg put it in this morning’s Houston Chronicle, this ruling has no applicability to individuals in their private lives or to private religious institutions: “It does not keep anyone from judging, or hating, or even just politely refusing to acknowledge gay people.  No court ruling has ever told a pastor whose wedding he or she can bless.  That hasn’t changed.”

It is possible to believe in the religious sacrament of marriage and still accept this court’s decision on civil marriage rights for homosexuals.  Michigan Representative Justin Amash, a Tea Party/Libertarian/Republican, made the point quite nicely this week on Facebook:

Throughout history, different cultures have defined marriage according to their own customs and practices. Christians, Jews, Muslims, Buddhists, Hindus, agnostics, and atheists do not share identical views on marriage. In fact, significant differences regarding marriage exist even within Christianity.

What makes marriage traditional is not its adherence to a universal definition but rather that it is defined by personal faith, not by government. For thousands of years, marriage flourished without a universal definition and without government intervention. Then came licensing of marriage. In recent decades, we’ve seen state legislatures and ballot initiatives define marriage, putting government improperly at the helm of this sacred institution.

Those who care about liberty should not be satisfied with the current situation. Government intervention in marriage presents new threats to religious freedom and provides no advantages, for gay or straight couples, over unlicensed (i.e., traditional) marriage. But we shouldn’t blame the Supreme Court for where things stand.

To the extent that Americans across the political spectrum view government marriage as authoritative and unlicensed marriage as quaint, our laws must treat marriage—and the corresponding legal benefits that attach—as they would any other government institution. So, while today’s Supreme Court opinion rests upon the false premise that government licensure is necessary to validate the intimate relationships of consenting adults, I applaud the important principle enshrined in this opinion: that government may not violate the equal rights of individuals in any area in which it asserts authority. (emphasis added)

The civil right of marriage is open to all Americans.  We must be diligent about making sure that the implementation of this decision protects the First Amendment rights of those with a religious objection to same-sex marriage, keeping in mind that it doesn’t give them the right to ignore the law.  And while we’re at it we should work on getting rid of the laws which still permit discrimination against gay Americans in the areas of housing and hiring and other aspects of day to day life, and any other laws that violate anyone’s right to equal treatment.  Because we’re Americans, and that’s what we do.