Unethical Op-Ed Of The Month, Or Maybe All Time: Theodore R. Johnson In The Washington Post

Well, at least that would explain it...

Well, at least that would explain it…

The essay is titled, “We used to count black Americans as 3/5 of a person. For reparations, give them 5/3 of a vote.” Yes, it’s serious. There is so much wrong with it logically, ethically, historically, legally, and Constitutionally, that it would take more words, time and effort to fully rebut all the nonsense in the article than this oddity is worth. Go ahead, read it. If your first reaction is, “Hey! What a brilliant idea!,” it’s time to seek professional help, and I don’t care what color you are.

Rather than give this perverted, anti-democratic fantasy the dignity of a rebuttal, I’ll just offer a few observations: Continue reading

Inexcusable Political Reporter Incompetence: “Inalienable Rights? What Inalienable Right?”

Quick, Will, Meredith: Who is this guy? Is he a} Harpo Marx b) Bruce Jenner or c) Thomas Jefferson?

Quick, Will, Meredith: Who is this guy? Is he a} Harpo Marx b) Bruce Jenner or c) Thomas Jefferson?

This isn’t about bias, although a good case could be made that bias is at the root of the problem. It is about supposedly experienced political reporters not knowing, understanding or respecting the Declaration of Independence.

Lat week, the Associated Press’s Will Weissert wrote AP’s report on Texas governor Rick Perry’s announcement of his candidacy for President, and included this:

“In a nod to the tea party, he said: ‘Our rights come from God, not from government.'”

This is ignorant, embarrassing, and wrong. He should be sent back to school, fired, or suspended, and so should the editor that let this pass. That our rights (our “inalienable rights”…ring any bells, Will?) come not from government but from God (“their Creator”…Will?), or, if you will, nature, innate humanity, the cosmos, or however you roll, is not the invention of the Tea Party, nor is citing the concept pandering to conservatives. Perry’s statement simply shows that he is familiar with and has proper reverence for the mission statement and founding document of the United States of America, as this AP reporter clearly does not.

Here, Will, you dolt, let me refresh your recollection:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…”

Got that? Your inexcusable, factually, legally and philosophically mistaken idea that governments grant rights is in direct contradiction with the basis of this nation’s founding, and the Constitution created to enable the mission as stated by Thomas Jefferson and the Continental Congress in 1776. The segments of the news media and the progressive community that make assertions like Weissert’s–call them the Ignorant Left—are arguing for a system in which government dictates what rights we have or don’t have—you know, like the King of England. This is specifically un-American, because it was the exact basis on which the United States declared that being part of the British Empire was intolerable.

Meredith Shiner at Yahoo Politics did the same thing in March, tweeting in reaction to Ted Cruz’s announcement of his candidacy:

“Bizarre to talk about how rights are God-made and not man-made in your speech announcing a POTUS bid? When Constitution was man-made?”

Bizarre, is it, Meredith? Do you live here? Did you attend college, or high school? The Constitution represents the human beings making up a democratic government securing  rights that every human being are born with and that may not be taken from him or her. Did you miss class that day when the Declaration of Independence was being taught? Or can you just not read?

Is it God that’s the hang up? I bet it is, since Democrats, progressives  and journalists (but I repeat myself) have utter contempt for religion and the concept of God. Well, you badly educated fraud of a “political analyst,” Thomas Jefferson was not exactly Martin Luther. This is why he used the term Creator. Creator—did you miss all of your English classes too? Creator can mean God, as well as designer, builder, designer, inventor, founder…but Jefferson was a terrific writer, and knew that words can mean different things to different people in the same context, so he used a word that also can suggest agency, a beginning, causation, determinant, a catalyst, genesis, inducement, instigation, origin, root or source. Jefferson was also a scientist, and understood more than most–certainty more than you—that we do not have all the answers. What he said, and what the Founders endorsed, and what the Constitution was written to execute and establish for all time, was that human beings have certain rights from the instant they are born, and that no government has to grant them or take them away.

Whatever their flaws, Ted Cruz and Rick Perry understand that, as anyone qualified to seek the Presidency must. Shiner and Weissert do not understand that, and thus are unqualified to vote, much less to be political reporters.

___________________

Pointer: Newsbusters

Ethics Hero: Judge Richard Posner

Sure, you have a right to think there's something wrong with that, but the state has no business acting as if it thinks so too.

Sure, you have a right to think there’s something wrong with that, but the state has no business acting as if it thinks so too.

Because Judge Richard Posner of the 7th Circuit Court was appointed by Ronald Reagan, he is usually describes as a conservative judge. He’s better described as an unusually smart, articulate, thoughtful and courageous judge, and in responding to oral arguments  lawyers for Wisconsin and Indiana defending their state’s marriage bans, he proved it.

I have frequently attempted to draw a distinction between those guided by archaic religious morality that causes them to regard same-sex marriage as sinful, and the attempt to use the government, which must not be guided by religion to make such marriages illegal. Morality doesn’t have to be defended by logic—God works in mysterious ways, you know—but laws do. A complete evisceration emanating from a place of authority of the specious and often absent reasoning behind gay marriage bans was much needed, and knowing that he risked criticism as a “judicial bully” for doing so with gusto, Judge Posner came through.

Here is a sampling of the barrage he placed on Indiana Solicitor General Thomas Fisher and Wisconsin’s assistant attorney general Timothy Samuelson: Continue reading

More Bad Law Ethics: Integrity Test Coming For The Judiciary On Obamacare

"Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished.       Your Friend, Congress"

“Dear Courts: We intend this mess to be a big, perfect, beautiful palace. Please let us know when its finished.
Your Friend, Congress.”

In a recent post, I explained how the incompetent drafting and reckless manner in which the Affordable Care Act was passed has corrupted every branch of the government as well as damaged our system and the public’s faith in it. Affordable Care Act supporters continue to desperately try to excuse, fix, and rationalize this disgracefully bad law. Next up is an integrity test for the judiciary, as the legal argument against the US Court of Appeals for the DC Circuit’s decision in Halbig v. Burwell becomes untenable.

If the two judges on the three judge panel were correct, and it appears they were, then a drafting miscalculation in the ACA has rendered the health care overhaul unworkable, meaning that it can’t be fixed, constitutionally at least, by Executive Orders, waivers, delays or lies, like so much else connected to the legislation. It will have to be addressed the old-fashioned—as in “according to the Constitution”—way, or not fixed at all. Continue reading

Jonathan Gruber, Bad Law Ethics, The Corruption Of Democracy, And The Affordable Care Act

"Oh what a tangled web we weave..." You know the rest of Sir Walter Scott's famous quote. So why doesn't the Obama Administration?

“Oh what a tangled web we weave…” You know the rest of Sir Walter Scott’s famous quote. So why doesn’t the Obama Administration?

There are important democratic lesson to be learned from the ongoing Obamacare Ethics Train Wreck, and we could discuss them objectively if the beleaguered supporters (enablers? excusers? rationalizers? propagandists?) of the law would just start accepting facts rather than resorting to dishonesty in all of its forms. The law is a mess. The law is a mess because its proponents in Congress passed it without reading it, because the public was deceived and misled in order to pass it, and because Congressional leaders and the President, in addition to not reading  major legislation that have massive consequences to the nation’s population, businesses, and budget, pushed it through without the usual two House scrutiny and amendment process.

Fixing the mess, or trying to fix it, has caused as many problems as the misbegotten law itself. (Please note that I am not discussing the intentions of the law, or what good things it might accomplish for Americans show needed help getting health insurance. That is beside the point. Good intentions don’t make a good law, or a bad law good. Look at the chaos at the border generated by the 2008 anti-human trafficking law, when it was mixed with irresponsible Democratic rhetoric and administration policies suggesting that illegal immigration restrictions were a thing of the past where children were concerned. Yes: many Americans have benefited from the Affordable Care Act. That fact alone, stated without reference to all the chaos, uncertainty, corruption, division and misrepresentations that accompany it, does not mean the law has been a success.)

The law depended on a penalty for not buying health insurance, a penalty that Democrats insisted was not a tax (so the President didn’t have to defend a large tax increase.) But a penalty for not doing what citizens should be free to do was unconstitutional, so Chief Justice John Roberts, in the spirit of avoiding government by judge, allowed the ACA to slip by in a 5-4 decision by declaring that the mandate was a tax, regardless of what it had been called to get it passed, and thus was constitutional after all.

Then the President began delaying deadlines and waiving provisions in the law that weren’t ready to go into effect or that were obviously going to cause more embarrassments. This was an abuse of power: Presidents can’t change laws by fiat. It established a dangerous precedent that undermines Constitutional democracy and the Separation of Powers. But it’s a bad law, and an unpopular law; the Republican House obviously won’t agree to the fixes needed without also doing a major overhaul, and this is, in the ironic words we keep hearing, most recently by the New York Times, Present Obama’s “most significant legislative achievement“—how sad is that?—and must be preserved at all costs.

At all costs. So far the costs of the ACA have been complete partisan polarization, the public’s realization that the President who pledged “transparency” will lie repeatedly to get his way, judicial rescue or dubious validity, and the defiance of the lawmaking procedures delineated by the Constitution. And the ethics train wreck goes on.

In Halbig v. Burwell, the US Court of Appeals for the DC Circuit ruled that those who purchase health insurance under the Affordable Care Act are only eligible for federal tax credits if they do so through an exchange established by a state.  (Another court ruled otherwise.) The court did this because this is what the miserably drafted, rushed, never-read by its own champions actually says, stating that tax credits are only available to those who purchase insurance in an “[e]xchange established by the State.” Obama-propping pundits, Democratic officials and the Administration’s spokespersons have attacked and indeed ridiculed the decision, saying that he court should have refused to enforce the actual wording of the law because it creates an absurd result. After all, the ACA’s stated goal is to expanding access to health insurance. Why would Congress try to limit it in this fashion—I mean, other than the fact that they had no idea what the law they were voting for actually had in it, just a general idea about what it was supposed to do? Continue reading

Unethical Political Ad Of The Month: The Freedom From Religion Foundation

FFRF

If it accomplished nothing else, the Supreme Court’s Hobby Lobby decision is doing a dandy job of flushing out the bigots. First it was the feminists blaming the decision on the all-male majority…because, as we all know, only women can balance ethical and legal conflicts fairly and intelligently, and they are incapable of bias. This line of attack is gender bigotry, acceptable because, well, just because. Then Harry Reid, leader of the Senate majority, condemned the five justices whose analysis prevailed as white males, adding racial bias to the mix. Also stupidity, of course, since last I looked, Justice Thomas was still black. Then again, to hear Harry and his friends tell it, being a conservative and not folding up like a deck chair any time women or a minority group complains means that you must be white, meaning that you must be bigoted against women. That’s just what whites are like. And males. Says white male Harry Reid.

It’s a strange, strange world we live in, no doubt about that.

Now comes the Freedom From Religion Foundation with an ad published in the New York Times blaming the decision on the fact that the five justices in the majority were male and Roman Catholic. Anti-Catholic bigotry! I confess, I didn’t know what religion the justices were, because I don’t care. Do you? John Kerry is a Roman Catholic; so is Joe Biden. It never occurred to me to attribute their various decisions and policy determinations to their religion, or to presume that anyone’s religion is fair game for criticism. Ah, but this is blood politics as defined by today’s culture. The right people can use bigotry against deserving targets….you know. Conservatives. Continue reading