Integrity Fail: Republicans Pass An Anti-Abortion Bill, Thus Undermining Their Argument Against Unconstitutional Overreach By Democrats

I bet this guy is a Republican.

I bet this guy is a Republican.

The bill the Republicans in the House just passed to ban abortions after 20 weeks undermines every argument the party has made against the abuse of the Constitution’s Commerce Clause to allow the federal government to meddle in state matters. One’s position on abortion isn’t relevant to the ethics and law here: I agree whole-heartedly with the ban in principle.

Abortion isn’t commerce, however. For decades, the Commerce Clause’s provision giving Congress the power to “regulate commerce . . . among the several states” has been stretched beyond all reason and the limits of language by Democratic majorities.  It has been conservative legislators, scholars and pundits who have screamed about it. Indeed, this was the primary basis for the attack on Obamacare in the Supreme Court case NFIB v. Sebelius, and the majority did find that the so-called “individual mandate” exceeded Congress’s Commerce Clause limitations.

The abuse of the Commerce Clause has been the primary means by which the Founders’ intentional restraints on federal  government power over the states and individuals have been circumvented by big government advocates. Some of the measures that were ingeniously slipped by the Commerce Clause using dubious justifications have been necessary and beneficial, like Federal laws against discrimination. Those measures, however, greased an ever-slipperier slope that has made the Clause a virtual nullity.

Supposedly, Republicans believed that it was important to start taking the Constitutional limits on Congressional power seriously again, because the alternative would be a Congressional dictatorship over the states. Now we know that the Republicans are just as willing to trample the Commerce Clause as Democrats are, as long as their pet social issues are being served. Continue reading

Comment of the Day: “Ethics Hero: The Lone Juror, Adam Sirois

Juror 11

Commenter Penn posted a nuanced take on Adam Sirois’s dilemma. It would have been a COTD yesterday, but for some reason WordPress has decided to spam all of Penn’s comments of late, for no reason that I can detect. (I can only discourage commenters I ban by repeatedly spamming them until they go away.) If anyone else has a disappearing comment, e-mail me quick, and I can usually find it. I’m sorry: I swear, it’s not me!

One point before I turn the blog over to Penn. His first comment is about that photo, much criticized, of the lone juror raising his hand in the press conference and “smirking” or looking”sheepish,” or “smug.” I liked Ann Althouse’s take on that:

“The photographers must have taken thousands of pictures of Sirois’s face, and the newspaper editors have chosen one, one that supports the “smirking… sheepishly” characterization. If he “looks like a smug little prick” to you, that’s because the editors decided to help you think that and because the man just had an 18-day experience and was the kind of person who could stand up for his beliefs in a group setting for more than 2 weeks. Most people would cave and go along to get along. These people are much more likely to have a pleasant, unremarkable face.”

Now here is Penn’s spam-rescued Comment of the Day on the post Ethics Hero: The “Lone Juror,” Adam Sirois: Continue reading

CNN’s Chris Cuomo Gets An Ethics Dunce Hat Trick: Law, Journalism And Civics

dunce capBad day at CNN. First John Berman turns the morning news into frat boy jokes about “big stones” —a testicles reference! HAR!–and then CNN’s AM Big Kahuna Chris Cuomo humiliates himself and everyone associated with him by tweeting,

“Hate speech is excluded from protection. Don’t just say you love the Constitution…read it.”

Wow. Not only is Cuomo spectacularly wrong, but he was smug and arrogant about it. Much as censorious fake liberals who want to impose speech and thought codes on us all would like it to be the case, “hate speech” has no special status in the Constitution at all, other than its status as “speech.” Reason, in a rebuke to Cuomo that drips with appropriate but still somehow inadequate contempt, points out:

Okay, let’s take Cuomo’s challenge. Let’s read the speech part of the Constitution. (I hope this doesn’t take too long; I hate reading.) Oh, good, the speech stuff is right there at the beginning of the “things you can do” section:

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. My copy of the Constitution seems to be missing this fabled “except hate speech, none of that” clause.

Well, then, it must be an exception found by the Supreme Court, right? Uh, no…Reason continues its schooling: Continue reading

Ethics Dunce: GoFundMe

“DESTROY THE EVIL CAKE DISCRIMINATORS!!!!”

If GoFundMe isn’t going to have the integrity to avoid taking sides in complex political and cultural disputes, it is functionally useless.

Perhaps it should change its title to “GoFundMyPoliticallyCorrectCause.”

Pusillanimous GoFundMe caved in to pressure from vindictive gay marriage activists and pulled the crowdfunding campaign on the site that had raised more than $109,000 for the Christian-owned bakery,  Sweet Cakes by Melissa.

The cake shop in Gresham, Oregon, became ground zero for the same-sex marriage debate  in January 2013, when it turned away customers who wanted cakes for a same-sex wedding. The spurned couple filed a complaint to the Oregon Bureau of Labor and Industries, claiming their civil rights under the Oregon Equality Act had been infringed. In defense, the owners of the business stated that they  refused to cater  the wedding because of their religious beliefs, and thus their decision was protected by the U.S. Constitution. They subsequently closed the shop, and carried out their business from home. The Oregon Bureau of Labor and Industries proposed a damages award Friday of $135,000 against Aaron and Melissa Klein, the owners, for being in violation of the state’s anti-discrimination law. The award, which is not final, would provide $60,000 in damages to Laurel Bowman-Cryer and $75,000 in damages to Rachel Bowman-Cryer for “emotional suffering stemming directly from unlawful discrimination.”

After taking down the page raising money for the bakery in the belief that they have been unfairly targeted, victimized and mistreated, GoFundMe said in a statement that the campaign violated the site’s policy against raising money “in defense of formal charges of heinous crimes, including violent, hateful, or sexual acts.”

Continue reading

Tsarnaev’s Irrelevant Finger And The End Of Capital Punishment

dzhokhar-tsarnaev finger

I’ve stated here several times that I am in favor of the death penalty when it can be shown beyond any doubt whatsoever that an individual committed a horrific, cruel, unequivocally inexcusable murder or murders, preferably murders. One of the two Boston Marathon bombers, Dzhokhar Tsarnaev, the surviving one, clearly qualifies. Unfortunately, the public, the law and the legal profession are too confused to bring integrity to capital punishment, and I think, because of that, it can never be sufficiently fair and coherent to be ethical. Continue reading

When Do Private Text Messages Between Two Individuals Justify Punishment?

text

I’d like to say “never,” except that when especially offensive private text messages become public, they aren’t private any more. As with e-mails, any time you send a text message that you know will embarrass you if it falls into malign hands or is seen by righteous eyes, you have authored the means of your potential destruction.

That’s not right, but that’s the way of the world.

Thus a Washburn University Phi Delta Theta fraternity member posted a photo of a man with a topless woman in bed as part of a fraternity text exchange following a chain of crude text messages between frat members. These were obtained by The Topeka Capital-Journal on a slow news day—Wow! Stop the presses! College guys are crude!-–and before you could say “thought control,” the national Phi Delta Theta organization suspended the Topeka campus chapter.

“We are very concerned by the messages reviewed thus far. Phi Delta Theta is a values-based organization and any behavior or statement contrary to those values is subject to significant action,” Phi Delta Theta spokesman Sean Wagner said in a statement. Naturally, the chapter president then grovelled an apology. Continue reading

“Negative Polarization,” Bigotry, And Hillary

destroying America

Today in the Times, last week, and over the weekend, there were numerous essays (like this onethis and this) about a recent study that examined the growing phenomenon I have previously written about here and here. The paper’s authors, Alan Abramowitz and Steven Webster, use the term “negative polarization,” but what they are describing is really a kind of bigotry, citizens making important democratic decisions purely on the basis of conditioned hatred and dislike based on gross generalizations about political parties and their supporters rather than dispassionate analysis and independent consideration.

Their conclusion isn’t original; it’s not even surprising. It closely follows last year’s study out of Stanford reaching the same conclusion. Americans increasingly demonize one party or the other and all their representatives and members, thus automatically rejecting policy initiatives, arguments and positions not because of their content, but based on their origins and the identity of their supporters—pure, blind cognitive dissonance. As a result, they will choose candidates and policies irrespective of any rational analysis, based solely on the assumption that the opposing candidate and policy come from a vile and intolerable source.

These studies indicate that Americans now discriminate more on the basis of party than on race, gender or any of the other great divides— and that discrimination extends beyond politics into personal relationships and non-political associations. Americans increasingly live in neighborhoods with like-minded partisans, date and marry fellow partisans and disapprove of their children partying with members of the other party. They are, the data says, more likely to choose partners based on partisanship than physical beauty or personality.

The Stanford study concludes (the Emory study concludes similarly),

“Unlike race, gender and other social divides where group-related attitudes and behaviors are constrained by social norms, there are no corresponding pressures to temper disapproval of political opponents. If anything, the rhetoric and actions of political leaders demonstrate that hostility directed at the opposition is acceptable, even appropriate. Partisans therefore feel free to express animus and engage in discriminatory behavior toward opposing partisans.”

Naturally, this has set off the usual round of finger-pointing by pundits and the media, which itself shares much of the blame. I know who and what have seeded these dragon’s teeth, and the list is long, beginning with Rush Limbaugh, Mark Levine, Bill Press, the Clintons, Lanny Davis, Matt Lauer, Newt Gingrich, Tom Delay, the idiots who made out Florida’s 2000 ballot, Al Gore, George W. Bush, Dick Cheney, Karl Rove, Paul Begala, Jerry Falwell, Mary Matalin, James Carville, David Axelrod, Chris Matthews, Ted Cruz, the Congressional Black Caucus, Fox News, Donald Trump, Truthers, Birthers, Barack Obama, Joe Biden, MSNBC, Roger Ailes, Rupert Murdoch, Eric Holder, the New York Times editorial board, Charles Blow, the Daily Kos, David Brock and Media Matters, Move-On, Breitbart, Michael Moore, Al Sharpton, Pat Robertson, Harry Reid, Tom DeLay, Nancy Pelosi, the Tea Party, Michael Savage, Salon, Sean Hannity, Sarah Palin, Ann Coulter, Stephen Colbert, Jon Stewart, and many others, a majority of whom made a conscious decision to exacerbate the divisions in our nation for their own gains in power, influence and wealth. Continue reading

Ethics Quiz: Once Again, Bystander Ethics, The Duty To Rescue, And The Imperiled Child

clarkkentThe free-range kids debate already raised this issue, and now my colleague and friend Michael Messer, the talented and versatile musician/singer/ actor who teams with me in the ProEthics musical legal ethics programs Ethics Rock, Ethics Rock Extreme, and Ethics Jamboree, just posted about his traumatic experience on Facebook, writing,

“I’m standing in Central Park and witnessed a tourist father grab his (approx 5 year old) child by the arm and shake him… The. open palm smack his child in the head. Hard. Twice. I screamed to him, from about 50 feet, where I witnessed it: “HEY!!! YOU DON’T HIT HIM” he looked up, startled to be called out, and waved me off to mind my business. “YOU DO NOT HIT A CHILD IN THE HEAD”, I repeated, at the top of my lungs, hoping to attract attention. The kid cried and then got himself together and went off to play. No one else in Sheeps Meadow saw or took notice. For about 5 minutes after I kept my eyes on him so he knew he was now being watched. What is the role of a bystander in this situation?”

Your Ethics Alarms Ethics Quiz for the day is…

What is the role of a bystander in this situation?

The answer is simple, really—its that oft-repeated Ethics Alarms mantra, “FIX THE PROBLEM,” at least as much as you can. Do something. Mike did the right thing, from a distance: show the abuser he’s being observed, protest, shame him. If one can, if one has the ability, the skill and the timely reaction and the child looks to be in genuine danger, intervene physically.

The latter course, however, carries risks, and also may be precluded by the natural reflex most humans have when they observe something unexpected and shocking. I discussed this issue when Penn State assistant coach Mike McQueary was being pilloried in some publications for not immediately charging into the Penn State showers and stopping sexual predator Jerry Sandusky from sexually abusing a boy: Continue reading

Ethics Whistle On The Post’s Dana Milbank…So Blood Won’t Shoot Out My Nose

I know just how you feel, Lewis...

I know just how you feel, Lewis…

I was going to ignore this, I really was. Most Washington Post readers know Dana Milbank is a hard left, often unstable partisan reporter pretending to be an objective analyst. Most also know that he is prone to jump the rails of logic, fairness and reality from time to time, like here, when he blamed a “scandal of the week” mentality on the press and Republicans, and not the fact that the incompetent Obama Administration averages a scandal a week…or here, when he called millennials selfish for not supporting their President’s misbegotten health insurance scheme and acting in their own interests rather than their President’s political interests.

But his most recent column was churning around in my brain like Lewis Black’s routine about overhearing a young woman say, at a table next to him in a restaurant, “If it weren’t for my horse, I wouldn’t have spent that year in college.” ( Black: “Now, I’m gonna repeat that, because it bears repeating. “If it weren’t for my horse…” as in, giddyup, giddyup, let’s go — ‘I wouldn’t have spent that year in college,’ which is a degree-granting institution. Don’t think about that too long, or BLOOD will shoot out your NOSE!”) Milbank’s columns are often like that for me, and this one, expressing his outrage that the Republicans are trying to repeal what’s left of the estate, or “death tax,” was one of the worst. So you can regard this post as saving my life, if you wish.

I have no philosophical objection to taxing rich people, none at all. However, I have a very great ethical disagreement with those, like Milbank, who seem to think that there is something so sinister about parents trying to amass wealth for their kids that it justifies the government laying claim to what they have achieved, grown and saved through their own had work and responsible decisions. This was the ethic that drove our grandparents, great grandparents and great grandparents to build values, families, businesses, communities and a nation.  Making life better and easier for their children than it was for them was a virtue, and properly recognized as such.

Many studies, out of fashion now and suppressed in academia because they are politically incorrect, have suggested that poverty persists through generations  in part because of the acculturated lack of a future time perspective among some groups, which is a nice way of saying that when people seek instant gratification and don’t save and invest their assets, they become poor and stay poor. It is essential to progressive cant that there are no differences between successful people and unsuccessful people…not intelligence, talent, diligence, industry or ambition…just opportunity and privilege, or the lack of them.* People really believe this, especially the people I see in worn-out clothes buying 30 bucks worth of lottery tickets at a pop in the 7-11 rather than saving the cash to get some job training, or start a college fund for their children, who, this being the D.C. area, probably don’t live with him anyway. No, there’s nothing these unfortunates can do to better their lot, you see. Meanwhile, the government preys on their present-time proclivities by creating rigged lotteries to take their money from them.

Of course, someone born into a wealthy, two-parent, stable and supportive family is equally deluded to think, as the late Texas governor Ann Richards once said derisively of George H.W. Bush, that he hit a triple when in fact he was born on third base. That still does not mean, as Milbank seems to think, that there is something wrong and undesirable about  American’s parents working and sacrificing to make sure their children aren’t left sitting on the bench, or can’t even get in the park to see the game. Milbank, like the lock-step progressive he is, believes that every individual in every generation should have to start life without any competitive advantages over anyone else, and if that means giving his competitors a head start, or making him run with weights on his feet, or tripping him at the start of the race, well, too bad, and too bad for his parents.

That’s fairness to our many Milbanks. To me, fair is for each individual to be able to make the most of what life and luck  provides, through their own abilities and efforts, with the help and assistance of parents and family being a a vital and respected inheritance that reinforces a duty and obligation to do the same for the next generation.

Anyone is free to see it differently. What should not be tolerated are statements like this, by Milbank: Continue reading

Already, Clinton’s Compulsive, Clumsy Lies Are Flowing: Are Her Supporters Really Going To Pretend Ethics Don’t Matter To The Bitter End?

If you don't know why a photo of Richard Nixon is appropriate in a post about Hillary Clinton, you need help...

If you don’t know why a photo of Richard Nixon is appropriate in a post about Hillary Clinton, you need help…

Hillary lies. That’s what she does. She can’t help herself; she does it by reflex, even when there is no reason to. Even when one includes Richard M. Nixon, whose reputation as a liar was think well before he became President, Hillary Clinton’s record is remarkable. She lies about little things (Claiming to be a Yankee fan), big things (conservatives made up the Monica story); she lies without caring who the lies hurt (the White House travel office debacle), and lies to make herself look heroic (her Brian Williams-like tale about being under fire). She lies to try to duck responsibility for her own actions (saying that her use of a  private e-mail server was compliant with government rules), and she lies when it is obvious that what she is saying is ridiculous (she and Bill left the White House in penury.) Unlike her charismatic husband, she’s not even good at lying, and apparently practice doesn’t help, in her case.

Yet she keeps doing it. She is not being well served by her supporters, who have given Clinton no reason to reform, improve, or respect the them or the public they are part of.  The message Clinton has received is that it doesn’t matter what she does or says. She’s a woman, and she’s a Democrat, and that’s all that matters. Have any voters adopted such an indefensible, irresponsible and civicly disgraceful approach to self-government? Well, yes, come to think or it: the 95% of black citizens who supported Barack Obama for a second term based on race and little more. That’s not mitigation.

Barely out of the gate, Hillary is at it again. Speaking in Iowa Wednesday, she told an audience that all her grandparents had immigrated to the United States, a story that public census data and other records related to her maternal and paternal grandparents show is fabrication. Continue reading