Declaration of Independence

Ethics Warm-Up, 7/3/2019: Holiday Follies [UPDATED]

/ Jack Marshall / 22 Comments

The end of Pickett’s Charge, July 3, 1863

Happy weird mid-week day before a holiday when almost nobody seems to be working…and remember Pickett’s Charge, July 3, 1863.

But ethics never takes a break…

1. Oops! Did we miss the real holiday? On this date in 1776, John Adams wrote to Abigail that the day before, July 2, 1776, the Continental Congress had voted to declare American independence from the British Empire. Adams predicted that July 2 would eventually be celebrated by every generation of Americans with parades, speeches, songs and fireworks, which Adams called  “illuminations.” Why did he turn out to be wrong? Oh, because history is messy, mistakes don’t get corrected, and tradition becomes more important than facts. (Once again, “The Man Who Shot Liberty Valence” rule applies: “When legend becomes fact, print the legend!” )

What happened on July 4th? The unsigned but ratified Declaration was sent to the printer on that date, and the printer dutifully marked his prints with “July 4, 1776”. The delegates didn’t start signing the document until August 2, and all the signatures weren’t down on parchment until November. The dramatic depiction of the signing taking place on July 4 in the musical and movie  “1776” is fake history.  It’s not all Broadway’s and Hollywood’s fault: the iconic painting “Declaration of Independence,” by John Trumbull, a version of which hangs in the Capitol Rotunda in Washington and which the actors are staged to re-enact in “1776” is often captioned “July 4, 1776.”

Trumbull’s artwork actually shows the moment on June 28 when the Declaration drafting committee officially presented its work to  the chairman of Continental Congress. John Hancock, There never was a signing ceremony.

Nonetheless, July 4 has, for some reason, been an unusually felicitous and significant day in U.S. history. It would be difficult to pick another that carried so much history, even without being the chosen date to honor the nation’s founding. Three of the first five U.S. presidents died on July 4, with John Adams and Thomas Jefferson famously dying on that date within hours of each other in 1826, fifty years after….the Declaration was sent to the printer.

But July 4, 1803, was the day word arrived from Paris that the Louisiana Purchase was complete, having been signed by Napoleon.  Without it, the United States would have been a very different country, and a much weaker and poorer one.

July 4, 1863 also was the date Robert E. Lee acknowledged his defeat at Gettysburg after his desperate, risky, massed attack on the Union line across a fence-strewn field and up a grade into artillery fire failed. That defeat probably sealed the fate of the Confederacy, and meant that this unique nation would, despite a bloody close call,  have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth. Continue reading →

Comment Of The Day: “From The ‘Appeal to Authority’ Files: Why Should We Care What John Paul Stevens Thinks Now?”

/ Jack Marshall / 23 Comments

Enough abortion for one day: let’s  have a Comment of the Day on another unending Supreme Court controversy, the Second Amendment. Here is Jutgory’s passionate response to the post, “From The “Appeal to Authority” Files: Why Should We Care What John Paul Stevens Thinks Now?”:

So many pet peeves all wrapped into one post:

“Bloviating about Columbia v. Heller, the 2008 decision holding that the Second Amendment created an individual right to bear arms”

NO! The Bill of Rights created no rights. It identified rights upon which the government could not infringe. This is as old as the Constitution. The Federalists said, we don’t need no Bill of Rights because powers not given to the government could not be exercised (naive and idealistic. The Anti-Federalists insisted but wanted it to be clear that the enumeration of the Bill of Rights was not exhaustive of the rights we had.

Sadly, they were both wrong: we needed the Bill of Rights because government seizes power when it can, and, not only do we look at the Bill of Rights as creating rights, we look at it as delimiting the rights we have.

You are spot on about rights not being subject to need. I know many people who don’t need freedom of speech and have hardly exercised that right in a constructive way, but they have it nonetheless.

On the argument that the Second Amendment is limited to militias. First off, see the above argument about rights. Continue reading →

Morning Ethics Warm-Up, 7/5/18: Dinosaurs, Savages, And Censors

/ Jack Marshall / 41 Comments

Good Morning!

1. Jurassic World II. I can’t honestly call this ethics, but as I posted about the film’s bad reviews earlier, I feel obligated to close the loop. I saw the movie last night, and as I knew I would, enjoyed it thoroughly, beginning to end. To those who did, I feel a bit the way I do about people who don’t like baseball, Westerns, Gilbert & Sullivan, and the United States of America: I’m sorry for you. This one even has a moment that seems to be written for those who don’t to help explain those who do, when Bryce Dallas Howard talks about her sense of wonder the first time she saw a dinosaur. Of course, the original movie better expressed the same sense of wonder in the iconic scene where Sam Neill is struck dumb by his first sight of  the brachiosaurus (and the lawyer’s only reaction is “We’re going to make a fortune with this place!”), but the Howard’s speech is no less an accurate description of how we dinosaur-lovers feel when we see these creatures on-screen.

No, it’s not the equal of the first “Jurassic World,” but it is excellent for the sequel, and better, I think, than either sequel to “Jurassic Park.” A vicious mutant raptor chasing a child through Victorian mansion is the stuff of nightmares, and a new concept; the dinosaur auction to a bunch of international bad-guys was a weird cross between “Goldfinger” and “Taken,” and several scenes, including the dinosaur stampede away from the erupting volcano, were worth seeing the film all by themselves. There were also more “Awww!” scenes than in all of the previous films combined: Chris Pratt’s home movies of bonding with the raptor babies; a mother triceratops and her adorable little one, and a haunting evocation of on of Charles Addams. best, but least funny, cartoons. I’ll leave it at that.

My biggest complaints would be that there was not enough of a role for the T-Rex, some of the deliberate homages to the earlier films were ham-handed and predictable, and that there was a fatal decision by one of the villains that made no sense to me at all. These flaws were more than compensated for by the star turn of the Pachycephalosaurus,  a species that had only cameos in “The Lost World” and “Jurassic World,” a terrific fight between a new species in the series, a Carnotaurus, and a Styracosaurus, (one of my mother’s best ceramic models in my collection) and several laugh-out loud moments authored by the dinosaurs. The film’s ending also sets up a final installment that should conclude the series, unless a “Jurassic Planet” is in the cards.

There are some ethics issues in the film, as in all of the films: respect for life, cloning, betrayal, and accountability for unforeseeable consequences. Michael Crichton had no qualms in his original novel with solving the problem of living dinosaurs by nuking the whole park, but Spielberg’s ending was better.

2. An Ethics Quiz That Is Too Minor To Justify A Whole Post. Do you find anything wrong with Donald Trump Jr. parading his new girlfriend in front of cameras at the White House before he is even divorced from his current wife? Writes Ann Althouse, “He and his wife have 5 children. He should be more discreet. Which, I know, obviously doesn’t sound like a Trump concept.” Let’s have a poll!

Continue reading →

Ethical Quote Of The Day: President Calvin Coolidge

/ Jack Marshall / 8 Comments

“About the Declaration there is a finality that is exceedingly restful. It is often asserted that the world has made a great deal of progress since 1776, that we have had new thoughts and new experiences which have given us a great advance over the people of that day, and that we may therefore very well discard their conclusions for something more modern. But that reasoning can not be applied to this great charter. If all men are created equal, that is final. If they are endowed with inalienable rights, that is final. If governments derive their just powers from the consent of the governed, that is final. No advance, no progress can be made beyond these propositions. If anyone wishes to deny their truth or their soundness, the only direction in which he can proceed historically is not forward, but backward toward the time when there was no equality, no rights of the individual, no rule of the people. Those who wish to proceed in that direction can not lay claim to progress. They are reactionary. Their ideas are not more modern, but more ancient, than those of the Revolutionary fathers.”

—President Calvin Coolidge

For no particular reason, this is the third post in less than 24 hours to reference Silent Cal. As this speech, on the occasion of the 150th anniversary of the signing of the Declaration of Independence, shows, Cal wasn’t so silent, and when he has something to say, he was often worth listening to. Coolidge’s reflections are thoughtful and characteristic.  His ultimate point is that the document is rooted in spirituality and morality, which is to say that it is virtuous and right. Morality, along with religion, has been in steep decline in the public square, academia and in the culture since 1926, but Coolidge’s argument is no less valid and persuasive if transferred to the realm of ethics. Though they were, as Coolidge says, guided by their understanding of religious principles, the Founders were also students of philosophy and ethical analysis. The Declaration, the Constitution and the United States of America are all the offspring of ethics, as well as morality.

Here and below is the whole speech. (Pointer, and gratitude, to Instapundit) Continue reading →

Chicago Justice, Rights, And Pop Culture Malpractice

/ Jack Marshall / 8 Comments

Dick Wolf, the “Law and Order” creator, is in the process of taking over NBC prime time. He now has four linked dramas dominating the schedule—“Chicago Med,” “Chicago P.D.,” “Chicago Fire,” and the latest, “Chicago Justice.” (Soon to come, at this rate: “Chicago Sanitation,” “Chicago Pizza,” and “Chicago Cubs.”)

Yesterday was Episode #2 of “Chicago Justice.” The story in involved a “ripped from the headlines” riff on the Brock Turner case, where a woman was raped while unconscious and the rapist received a ridiculously lenient sentence. In Wolf’s alternate universe, however, the judge was murdered, and the rape victim and her ex-husband were suspects. There was another wrinkle too: one of the prosecutors had a close relationship with the dead judge, and was with him right before he was killed. She was going to have to be a witness, and her colleague and supervisor, prosecuting the case, asked her if she had been sleeping with the victim. Such a relationship would have been an ethical violation for the judge, and at least a pre-unethical condition for the prosecutor, requiring her to relocate to a Steven Bochco drama, where lawyers have sex with judges all the time.

The female prosecutor indignantly refused to answer the question. After the case was resolved—I won’t spoil it, but the name “Perry Mason” comes to mind—the two prosecutors made up over a drink. She said that she would have never slept  with “Ray” (the dead judge–when he was alive, that is), but that she remembered reading “in some old document” that we all had “unalienable rights,” she believed one of them was “the right to be respected by your fellow man.”

There is no “right to be respected.” The Declaration of Independence, the “old document” she referenced, lists three rights only, though they are broad ones: life, liberty and the pursuit of happiness. None of those encompass a right to be respected. The speaker, Anna Valdez (played by Monica Barbaro, a Latina dead ringer for Jill Hennessey, who played the equivalent “Law and Order” role for many years), is a lawyer, and should understand what a right is. It is a legally enforceable guarantee of an entitlement to have something, seek or obtain it,  or to act in a certain ways. As a lawyer, she must understand that this is different from what is right, just or honorable. Her statement, coming from the mouth of a character with presumed expertise and authority, misleads much of the public, which is constantly getting confused over  the difference between Jefferson’s use of “rights” and what is right. So do journalists and, sadly, too many elected officials. Continue reading →

“The 2016 Election Is a Disaster Without a Moral”? Only If You’re In Denial, Mr. Chait!

/ Jack Marshall / 16 Comments
That should be "lessons," plural...

That should be “lessons,” plural...

The many outbursts of  liberal anger, resentment, accusations and denial over the election have been revealing, and not in a good way. Few have been as directly and stubbornly misguided and biased, however, as the current New York Magazine article by Jonathan Chait, with the clickbait title, “The 2016 Election Is a Disaster Without a Moral.”

It is, in essence, yet another example of Democrats attempting to argue away any accountability for their own misfortune, making Chait’s piece itself a denial of several moral lessons, such as “I am the architect of my own destiny,” “Take responsibility for your failures,” and “Don’t blame others for your own mistakes.” The post-election progressive freak-out, of which Chait is a part, also has a very important moral lesson in store, the one embodied in the Serenity Prayer authored by theologian and philosopher Reinhold Niebuhr (1892–1971):

God, grant me the serenity to accept the things I cannot change, the  courage to change the things I can, and wisdom to know the difference.

Clearly, this moral lesson is completely elusive, with pointless recounts underway supported by the Clinton campaign; round the clock complaining about the Electoral College, part of the 225 year-old rules of the game the Democrats accepted when they ran a candidate in the election; unethical and futile attempts intimidate electors or convince them to violate their vows;  embarrassingly infantile laments and near-breakdowns of whining students on college campuses,; and “Not My President!” protests and riots.

The lessons are there to learn, Jonathan, you just don’t want to learn them. He actually writes—and if this isn’t denial, I don’t know what is, “It is hard to think of an election defeat more singularly absent of important lessons.”  What??? To the contrary, it is hard to think of an election that taught more important lessons than this one. Continue reading →

Fourth Of July Ethics: The Signers, Snopes, And Fact-Checking

/ Jack Marshall / 11 Comments

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I received  this inspiring bit of Americana from an old friend, a Marine and lawyer with a love of history. It’s a screed of unknown origin that has been circulating the internet since the 20th Century. Maybe you’ve seen it too:

The Price They Paid

Have you ever wondered what happened to the 56men who signed the Declaration of Independence?

Five signers were captured by the British as traitors, and tortured before they died.

Twelve had their homes ransacked and burned.

Two lost their sons serving in the Revolutionary Army; another had two sons captured.

Nine of the 56 fought and died from wounds or hardships of the Revolutionary War.

They signed and they pledged their lives, their fortunes, and their sacred honor.

What kind of men were they?

Twenty-four were lawyers and jurists.

Eleven were merchants, nine were farmers and large plantation owners; men of means, well-educated, but they signed the Declaration of Independence knowing full well that the penalty would be death if they were captured.

Carter Braxton of Virginia, a wealthy planter and trader, saw his ships swept from the seas by the British Navy. He sold his home and properties to pay his debts, and died in rags.

Thomas McKean was so hounded by British that he was forced to move his family almost constantly. He served in the Congress without pay, his family was kept in hiding. His possessions were taken from him – poverty was his reward.

Vandals or soldiers looted properties of Ellery, Hall, Clymer, Walton, Gwinnett, Heyward, Rutledge, and Middleton.

At Battle of Yorktown, Thomas Nelson,Jr., noted that the British General Cornwallis had taken over the Nelson home for his headquarters. He quietly urged General George Washington to open fire. The home was destroyed, and Nelson died bankrupt.

Francis Lewis had his home and properties destroyed. The enemy jailed his wife, and she died within a few months.

John Hart was driven from his wife’s bedside as she was dying. Their 13 children fled for their lives. His fields and his  gristmill were laid to waste. For more than a year he lived in forests and caves, returning home to find his wife dead and his children vanished.

So, take a few minutes while enjoying your 4th of July holiday and silently thank these patriots.  It’s not much to ask for the price they paid.

Remember: freedom is never free! We thank these early patriots, as well as those patriots now fighting to KEEP our freedom!

I hope you will show your support by sending this to as many people as you can, please. It’s time we get the word out that patriotism is NOT a sin, and the Fourth of July has more MEANING to it than beer, fireworks, HOT DOGS,  and picnics……

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The purpose and primary message of the post is irrefutably true. Those who signed the Declaration did so at great personal risk and sacrifice. Had the new nation failed in its revolution—and really, it is amazing that it didn’t—all of them would have been hanged as traitors. It was an act of principle and courage, and what happened later is entirely moral luck. The signers would have been no less honorable, remarkable and heroic if every single one of them, by various strokes of good fortune, had become wealthy, powerful, prospered in everything they did and died in advanced years, like Franklin, Adams and Jefferson. Unfortunately, most citizens lack the education, acumen and tools to figure this out, so we get stuff that equates random and uncontrollable misfortune with enhanced virtue. Continue reading →