Enough Already       


Harry T. Cook
Harry T. Cook


By Harry T. Cook
3/7/14

 

Upon occasion, U.S. Supreme Court justices are wont to take the public platform to hold forth on questions of law, even those at issue in cases on their way to the high court. One justice in particular, Antonin Scalia, is not hesitant to say to whom it may concern that he takes a dim view of same-sex marriage, thinks it silly, countercultural and certainly against the teachings of his church.

 

If the argument against gay marriage is that a particular religion says it's evil, doesn't the First Amendment make clear that no single religion gets to make public policy, especially (with the 14th Amendment in mind) one that is on the face of it prejudicial and exclusionary?* Beyond that, a thing deemed countercultural or silly doesn't make it ipso facto unconstitutional. If it could, what would stop a rogue legislature from enacting laws prohibiting marriage between Inuits and Cajuns or Methodists and Zoroastrians?

 

Meanwhile, if Mr. Justice Scalia can marshal four other justices to join him in ruling against proponents of gay marriage in cases from several states soon to reach the docket on appeal, it might be that finally no constitutional right -- even under the 14th Amendment -- will be found for gay or lesbian couples to marry.

 

That five Americans could make that kind of decision for 300 million people, especially with more than a hint of sectarian meddling into the bargain, would be out-and-out anti-democratic. Never forget the court's convoluted 5-4 decision to appoint George W. Bush president after he lost the popular vote to Al Gore by nearly half a million ballots.

 

The Speaker of the House of Representatives is one among 435 members of Congress variously representing that aforementioned 300 million Americans. Under House rules, the Speaker has absolute power to control what will or will not come to a vote. One person of 435, one person among 300 million in effect gets to say what the law is by declaring what it will not be.

 

One of 100 U.S. Senators merely by having an underling deliver a particular slip of paper to a senate clerk can block consideration of a presidential nominee to the Supreme Court. One among 100 among 300 million.

 

These much regarded parliamentary "rules" are anti-democratic and do not represent the civic values that supposedly undergird American political life. Such rules as they are routinely applied only encourage the shoulder-shrug of those who say with increasing credibility that it does little good to go to the polls on election day because their individual votes count for nothing.

 

All this makes Washington, D.C., resemble nothing so much as a gated community through the portals of which the riffraff are firmly denied entrance. A person without connections in the system must dangle a credible offer of significant money for the never-ending campaign to get three minutes on the phone with Sen. Foghorn Leghorn, but initially more likely with an aide who just graduated with a political science degree from a college in Leghorn's home state.

 

It's not as if anyone can expect national affairs to be conducted in town-meeting fashion. Yet the relationships many of the 535 members of Congress have with their constituents are in name only, in part because Congress is serving party ambitions - or those of big-bucks donors -- rather than the People. The political calculation comes down to how obedient incumbents can get re-elected and uncooperative ones broomed to guarantee allegiance to some pharisaical tenet of party theology.

 

What workable remedies exist for this sorry situation are not, I am sorry to say, in sight. Those in power and the party machines and money behind them are not about to alter their ways of doing business. Too much power, privilege and personal wealth are at stake. Which is to say that those like John Milton, whose self-designated fate was to only stand and wait, need to find their way beyond the handicap of being marginalized by power. The national handicap, however, is less the blindness from which Milton suffered than it is lethargy brought on by a low-grade discouragement that so few can make their voices heard amidst the din of self-serving governance.

 

It may still be relevant to observe that, against steep odds, a biracial man often accused of being a foreign-born socialist was elected President of the United States -- twice -- by people who believed that "Yes, they could."

 

It is seems clear to me that such a thing will not happen again, certainly not in my lifetime. The bar has been raised ever higher and ingress to the corridors of power more restricted. An A+ in civics coupled with the most eager interest in things is to no avail. Just send money, and then shut up.

 

Whenever in this series my rhetoric has hinted at the possibility of revolution, several of my most liberal readers, mind you, have written to chide me, saying there will never be a revolution in America. They're probably right. Perhaps they're satisfied with conditions or simply inured to them. I can't see why. I suppose they may agree with the New York Times' Ross Douthat, that tireless champion of the Right, who has recently written that there is no plausible alternative to the oligarchic, plutocratic regime which obtains in the United States today.

 

Douthat to the contrary notwithstanding, I don't want Mr. Justice Scalia or Speaker John Boehner or any U.S. Senator to have or to wield the power each has inherited from the long-established systems that make Washington, D.C., such a national difficulty.

 

How long and through what must America wait to see such contradictions of democracy corrected? "How long?" asked Martin Luther King Jr. concerning related atrocities. "Not long," he said. Another way of saying, "Enough already."

 

 

*The First Amendment forbids Congress from making any law respecting an establishment of religion, meaning that the nation is for all intents and purposes a secular entity in which religions of whatsoever kind may vend their ideas and teachings in the open market place. In no way, however, may a religion act as if it were established, i.e. privileged above other religions directly to affect the making of public policy.


Copyright 2014 Harry T. Cook. All rights reserved. This article may not be used or reproduced without proper credit.
 

Readers Write 
Special Edition Essay 3/4/14: The Bellicose vs. the Irenic

Harvey H. Guthrie, Fillmore, CA:

It was so good to begin the day reading this before I came across the macho responses of Rudy Giuliani and Sarah Palin. Obama is so right: and the reduction in fighting forces must be a significant signal to the Muslim world that we can be trusted when it comes to negotiations re Syria and Iran.

Harry Dyck, Elkhart, IN:

Right on, Professor; right on. Yours is the counsel of the sage and I concur most heartily. As they say in many southern congregations: Preach it, Brother.

Bonnie Smith, Acme, MI:

Why would an sane person listen to the likes of John McCain, the person who was ready to turn over the leadership of the United States of America to someone who thinks she can see Russia from her kitchen window and encouraged people to shoot at a U.S. Legislator by putting a cross hair on a map of her district.

Rabbi Larry Maher, Tampa, FL:

I have a one-word response: AMEN!

Cynthia Chase, Laurel, MD:

I think you and Jesus and MLK and Gandhi are right.

Edward Sharples, Ferndale, MI:

Exactly right! Obama has the needful approach; now, may he and his surrogates find a way to make rhetorical response be as persuasive (even more!) than the warriors on the right.

Hal Holt, Kingston, Ontario, CA:

Your article on 'jaw-jaw" is for me spot on. Sad part is that very many of the USA's closest friend and neighbour (Canada), just shake their head and roll their  eyes when mention of the USA is made. A prevalent feeling here is that too many Americans just don't get it when it  comes to  things like foreign policy, diplomacy, social justice, gun control etc. ... and a prevalent sentiment here is that it must be hard for those who do get it! The challenge for many of us Canadians is to not get lulled into American bashing, which would be unfair, but the greedy right-winger yahoo bigots pose us a challenge in his regard.

Fred Fenton, Concord, CA:

The Russians are understandably concerned about bordering nations, as we would be about Canada and Mexico. They offered to bring huge financial support to help the Ukrainians with their economic crisis in partnership with the U.S. We refused. The truth is that our refusal helped bring on this crisis.

Avery Cohen, Lyndhurst, OH:

Brilliant and needs to be read by parties who though was was the way to keep the military establishment well fed, and at the time did not care about deficit spending.

Dick Schrader, Jacksonville, FL:

"Blessed are the peace makers, for they shall inherit the Kingdom of Heaven!" The problems of the Ukraine are many centuries old, and the population of the Western Ukraine, once part of the Austro-Hungarian Empire, is quite different from the Eastern Ukraine, which is culturally linked with Russia. "Proceed as the Way Opens!" And then we will finally get peace in our time.


Larry Chevalier, Dearborn, MI:

I am certainly sick and tired of war. The U.S. in my lifetime has acted like England during the Hundred Years War. Doesn't make sense.

Michael Howard, Palm Springs, CA:

Indeed, let us have more conversation and less chaos. The evidence of history is that military conflict is the most damaging, least successful, and least enduring resolution to international conflict. All war can be avoided if common sense is brought to bear in a timely manner.

Karen Davis, Royal Oak, MI:

Couldn't agree more. There is strength in refusing to shoot from the hip in response to great problems. There is also hypocrisy involved if we say that Russia can't invade a neighbor. After all, we have invaded to "correct" a political situation.

 

Dewey Barton, New Smyrna Beach, FL:

Excellent essay -- from a former Marine.

 

Nicholas S. Molinari, Brick, NJ:

I praise your special edition essay, The Bellicose vs. The Irenic. It is my opinion that, if Putin had acted in this manner during the Bush-Cheney-Rumsfeld triumvirate, we'd be in another Asian war; and if it had degenerated into a nuclear war, we'd all be dead and unburied! The Marching Morons, that is, the Republican members of Congress, simply love war, as well as the corporations that profit mightily from wars of all sizes, shapes, promises, purposes and geography. Through decades of dumbing down and worshipping the "heroes" and "heroines" of sports, action movies, TV shows like American Idol and Survivor, we Americans have lost sight of actual reality. We simply cannot pull ourselves away from the multitude of screens that dominate our lives -- TV, theatre, desktop, iPad, iPhone -- long enough to "entertain" genuine thought. And forget nuance! Barack Obama is unacceptable as a true President because he actually thinks, and thinks through, reflects, discerns the consequences, unintended or obvious, of the rash actions insisted upon by Republican Klingons. But they would condemn him if he were to involve military action, just as they condemn him now for not involving military action. Currently, in their Klingon thinking, there is no place for negotiation, nuance, reason, avoidance of war.

 

 

 

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Readers Write 
Essay 2/28/14: Here's a Thing of States                         

Kelly Mackinnon, Hanover, MA:  

Honestly, I think much of this talk of secession is a childish "If you don't do what I want I'll just pick up my toys and go home" temper tantrum. I don't think anyone has thought of the full ramifications of what it would mean to secede from the USA. It would mean getting no aid from Washington. They would have to establish diplomatic relations with Washington. They would need to create their own money. Border crossing from that "state" into a neighboring state would most likely mean going through customs. As angry children they would soon learn what the practical side of their actions would really mean, most likely they would soon become weary of the new state of their world, all because they had a tantrum. If they were made aware before hand what a picture of what life would actually be like once they accomplished this, many might not be so supportive of this cause.

 

Michael Howard, Palm Springs, CA:  

It does seem that in the U.S., federal laws have had more common sense and compassion than most States Rights laws or attempted laws. States Rights law is about selfishness, some folks want life to be just as it suits them regardless its adverse influence upon other folks. As a Christian I am inclined to think that it is better for people to stay in community and work to resolve their differences equitably. However, considering the unfavorable political and ethical perspectives that so many have had and have in the southeastern states (and now some southwestern states), I sometimes wonder if Lincoln was wrong in preserving the Union. Perhaps the Confederate States should have been allowed to secede and pursue their course as a feudal morass. But then many would have suffered that deserved redemption.

 

Robert Causley, Ph.D, Roseville, MI:  

Thank you for this unifying essay. The unification of our country was indeed our strength! Those in power seek to divide the populace by misinformation. It is of the utmost importance that essays such as yours be published to provide a beacon to rally around. I speak from experience, that, as your essay pointed out, the draft was indeed a positive thing for the country. I personally went from being a total individualist who wanted only a momentary thrill, to a true team player. The foundations I developed from my military training formed a strength that not only saved my life in dire situations it gave me the ability to help others. My drill sergeant told us all on the very first day of training, " Troops, look at your chest, do you see that insignia?, it says U.S. Army. It means us as in one group, remember that all of your lives!" He took all of us from a rag tag bunch of young individuals into a unified team by enforcing that important thought. 

 

Harvey H. Guthrie, Fillmore, CA:  

I loved this one. Thanks.

 

Alon Marie, Metamora, MI:  

Do the Texas politicians who aspire to great things, like running for the office of President of the United States, realize, that if their state leaves the nation they will not be able to run for that office? Further, do the citizens of Texas want to take on all the issues of border control on their own? "Be careful what you ask for" has been one of the greatest lessons of my life.

 

Frederica Collins, Hartford, CT:  

The Federalist Society will soon be pelting you with the 10th Amendment chiseled in stones. That's their thing, and they can have it. "I pledge allegiance to the flag of the Muskrat State of Delusion and to the resentments for which it stands ..."

 

Fred Fenton, Concord, CA:  

Yes, fundamental human rights should be honored (and enforced) throughout the land. Individual states have no business making their own laws in this respect, treating Americans differently from the way they are treated in other states.

 

Blayney Colmore, La Jolla, CA:  

Your argument about state versus federal law popped into my head in an uncomfortable moment recently when U.S. Attorney General Holder said state attorneys general have no obligation to enforce laws they believe to be either unconstitutional or in violation of their conscience. While I am glad the federal government is taking an activist position in support of equal rights for gay people, I am more than a little uneasy at the idea of officers of the law picking and choosing which laws to enforce. The "stand your ground" law that resulted in the acquittal of two men for what in most states would be at least second-degree murder is abhorrent. But it is law in Florida until repealed or overturned. Thus the jury made the proper decision, given the instructions I assume the judge gave them. Mind you, I broke local laws during civil rights and antiwar demonstrations. But inasmuch as we like to consider ourselves a nation of laws, I thought Dr. King right when he said part of violating a law that you find offensive means being prepared to face the consequences. Thus the demonstration is as much to lobby for changing the law as it is to call attention to injustice. Given our size and regional differences, it is nothing short of miraculous that we remain one nation. I think one reason is our respect for law, even laws we think wrong.

 

Milt Stetkiw, Rochester, MI:  

A powerful warning as to how dysfunctional our system of democracy has become, based on the selfish interests of each state for its own special interests, not the needs of our entire nation. I am fearful for the future of our country if we don't solve the national disgrace of "My party, my state, my intractable political position", and to hell with the our kids, our elders, our veterans, our less fortunate and our Constitution, even at the price of bankrupting our way of life. ---- "My way or the Highway", forgetting or not remembering (United we stand or divided we fall). Our rabid, uncompromising politicians fiddle while the country slowly disintegrates.

 


What do you think?
I'd like to hear from you. E-mail your comments to me at revharrytcook@aol.com.