Declaration of Independence

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 →

July Fourth Ethics: On Liberty And Freedom

/ Jack Marshall / 39 Comments

US-original-Declaration-1776

“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, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

—-The Declaration of Independence

“It is my living sentiment, and by the blessing of God it shall be my dying sentiment, independence now and independence forever. “

—-Daniel Webster, U.S. politician and orator

“Liberty is the soul’s right to breathe, and when it cannot take a long breath, laws are girdled too tight.”

—-Henry Ward Beecher, abolitionist.

“Without an unfettered press, without liberty of speech, all of the outward forms and structures of free institutions are a sham, a pretense – the sheerest mockery. If the press is not free; if speech is not independent and untrammeled; if the mind is shackled or made impotent through fear, it makes no difference under what form of government you live, you are a subject and not a citizen.”

—- Senator William Borah (R-ID), 1917

 “If liberty means anything at all, it means the right to tell people what they do not want to hear.”

—-George Orwell
Continue reading →

A Jumbo For Sulu

/ Jack Marshall / 36 Comments

SuluGeorge Takei, the Japanese-America actor permanently enshrined in pop culture history for his role of Sulu in the original “Star Trek” TV series. He has essentially lived off that one felicitous part for forty years, recently acquiring less moldy,  non-sci-fi following by being a gay rights advocate.

Takei recently skimmed, or just didn’t comprehend, Clarence Thomas’s  audacious dissent to the Supreme Court’s Obergefell ruling and Justice Kennedy’s majority opinion declaring same-sex marriage to be a fundamental right protected by the Constitution. Apparently he also does not comprehend that Supreme Court dissents are both stimulating and useful to legal scholars as well as those, unlike Mr. Sulu, possessing an open and curious mind.

Thomas made the unusual but provocative argument that human dignity is innate:

Human dignity has long been understood in this country to be innate. When the Framers proclaimed in the Declaration of Independence that “all men are created equal” and “endowed by their Creator with certain unalienable Rights,” they referred to a vision of mankind in which all humans are created in the image of God and therefore of inherent worth. That vision is the foundation upon which
this Nation was built.

The corollary of that principle is that human dignity cannot be taken away by the government. Slaves did not lose their dignity (any more than they lost their humanity) because the government allowed them to be enslaved. Those held in internment camps did not lose their dignity because the government confined them. And those denied governmental benefits certainly do not lose their dignity because the government denies them those benefits. The government cannot bestow dignity, and it cannot take it away.

Thomas was expressing  his disagreement with the majority that the government withholding the right to marry from gays robbed them of human dignity. I think it is a rather pedantic argument that has more validity in the abstract than in reality, but the position that rights come from creation rather than the government is a core concept in the Declaration of Independence, and one that statists, as in “modern Democrats,” like to ignore. If individuals are born with rights, they cannot be truly taken away. If citizens must look to the government to have their rights granted to them, then government is granted too much power in exchange. Thomas’s philosophical argument is classic conservatism. Naturally, that means, in Takei’s intolerant and partyist world view, that he deserves abuse. Continue reading →

Ethics Dunces: The 21 Republicans Who Voted Against The Torture Ban

/ Jack Marshall / 15 Comments

torture

As I explained long ago, torture is already a human rights abomination forbidden by U.S. principles, values, tradition and culture. That does not mean, and has never meant, that the nation’s official and sincere opposition to torture as an ethical absolute must not be subject to a genuine existential exception.  It does mean that an official policy that allows torture degrades the very reason for the nation’s existence.

This vital reason doesn’t even reach the fact that the United States has signed international treaties that state, unequivocally, that it deplores and rejects torture. That one is less complex; as I wrote about the Bush Administration’s doubletalk at the time…

Typically, the Administration is trying to finesse this uncomfortable fact by playing legalistic word games, requesting a “clarification” of what constitutes torture. This is intellectually dishonest, and blatantly so. The methods it wants to define as “something other than torture”…threatened drowning, cold room interrogations with subjects doused with water, beatings and other forms of assault and battery, obviously violate provisions of the Geneva Convention such as those requiring prisoners of war to be treated with “personal dignity” and “humanely,” and that they should not be subjected to “hardships and sufferings.” Meanwhile, torture is defined in Article 1 of the 1984 Convention as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession.” Simulated drowning, by this definition, is torture, and passing some official “clarification” that declares otherwise won’t change that. Depriving prisoners of sleep and making them stand wet in 50 degree temperatures aren’t going to suddenly become “humane” either, nor will such treatment suddenly cease to cause “hardship” and “suffering.”

The United States exists on the ideal that it, unique among nations past and present, asserts and acts upon its original dedication to the values of human life, liberty and pursuit of happiness above all else. The United States’ identity is that of the Good Citizen, the hero, the trustworthy one. Of course that’s a high aspiration; of course we will fall short of it sometimes, of course such an aspiration appears arrogant and superior to others, and so what? Continue reading →

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

/ Jack Marshall / 52 Comments
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

Comment of the Day: “Hard Lesson Of The Walmart Tragedy: Bad Ethics Kills”

/ Jack Marshall / 27 Comments

First The Washington Post suggests that my commentary on the tragic shooting death of Veronica Jean Rutledge by her two-year old son in an Idaho Walmart as using “the accident as an excuse to grandstand on gun rights,” then the website Raw Story writes that my post is “a talking point for both sides in the gun rights debate.”  Neither is true; neither is remotely true. The post wasn’t even about guns: the topic is accountability for reckless and irresponsible conduct by parents and their consequences. Do journalists even read the stuff they link to?

The comments to the post, however, are another matter. Naturally some of them opine on gun policy, and an interesting query arrived from a reader in India, who wrote:

Hello all… I’m from India and we don’t have such gun laws here.. but it looks like, the only news that I see concerning America are “school shootings” and “accidental ones” every week. I have nothing against America and I love your country .. but owning a gun, seems to be a sign of insecurity to me. and I repeat, the only news I see is a regular pattern: “kid goes on shooting spree” or “kid accidentally discharges weapon”.. Don’t you see what’s happening b’coz of these Gun laws ? anybody can be careless about anything… nobody is perfect. I’m only airing my views about this.

This prompted an excellent Second Amendment explanation from 2014 New Prolific Commenter of the Year joed68. Here is his Comment of the Day on the post, “Hard Lesson Of The Walmart Tragedy: Bad Ethics Kills”: Continue reading →

Ethics Dunce: Radio Talk Show Host Bryan Fischer

/ Jack Marshall / 23 Comments
To be fair, I guess it's possible that Fischer captured a leprechaun who granted him three wishes, in which case his prescription for ending AIDS isn't crazy after all. So I may owe him an apology...

To be fair, I guess it’s possible that Fischer captured a Leprechaun who granted him three wishes, in which case his prescription for ending AIDS isn’t crazy after all. So I may owe him an apology…

When ideology, including religion, requires one to abandon all connection to reality, unethical positions are sure to follow.  Christian conservative talk show host Bryan Fisher launched an angry rant over what he called President Obama’s promotion of sexual deviancy in his remarks following the downing of MH17 over the Ukraine. Here are the relevant remarks by the President:

“Let me close by making one additional comment. On board Malaysian Airlines Flight MH-17 there were apparently near 100 researchers and advocates traveling to an international conference in Australia dedicated to combating AIDS/HIV. These were men and women who had dedicated their own lives to saving the lives of others, and they were taken from us in a senseless act of violence.

In this world today we shouldn’t forget that in the midst of conflict and killing, there are people like these, people who are focused on what can be built rather than what can be destroyed, people who are focused on how they can help people that they’ve never met, people that define themselves not by what makes them different from other people but by the humanity that we hold in common. It’s important for us to lift them up and to affirm their lives. And it’s time for us to heed their example.

The United States of America is going to continue to stand for the basic principle that people have the right to live as they choose, that nations have the right to determine their own destiny, and that when terrible events like this occur, the international community stands on the side of justice and on the side of truth.”

Now here is Fischer’s reaction: Continue reading →

Ethics Hero Emeritus (Independence Day Division): John Dickinson (1732-1808)

/ Jack Marshall / 6 Comments
Villainous, singing version on the left; heroic, real life version on the right.

Villainous, singing version on the left; heroic, real life version on the right.

It is the American patriot John Dickinson’s curse that the very strength of character that caused him to stand out among the other Founders and that led them to respect him as much or more than any other also made him the black sheep in the inspiring tale of American independence. This led to relative obscurity. Although Dickinson is honored (along with his wife) by Dickinson College, Dickinson School of Law of the Pennsylvania State University, and University of Delaware’s Dickinson Complex, he is largely unknown to most Americans. He would be even less known, had Peter Stone not chosen to make him the villain of his 1969Tony-winning musical “1776,” where he was portrayed as a conservative loyalist who almost single-handedly foils the efforts of John Adams, Thomas Jefferson and Ben Franklin to declare independence from Great Britain. Whatever that choice’s dramatic virtues, it was unfair to Dickinson in every way.

Raised a Quaker, educated as a lawyer and a farmer by trade, Dickinson began public life in 1760 when he was elected to the Delaware legislature. During the next fifteen years he served both in that body and in the Pennsylvania legislature, a rare dual service made possible because he owned property in both colonies.

When the British Parliament instituted measures in the Colonies to raise revenue and provide for the quartering of British troops, Dickinson was one of the most eloquent and persuasive critics of the Crown, always with the intention of finding a satisfactory negotiated accord that did not involve the threat of armed rebellion. He urged Americans to rely primarily on economic pressure to oppose the hated Stamp Act, and he enlisted the influence of British merchants on the colonists’ behalf. His diplomatic orientation seemed like a prudent antidote to the firebrands calling for revolution in Boston, so the Pennsylvania legislature appointed him to represent that colony at the Stamp Act Congress of 1765. There he advocated the proposition that reconciliation was possible if the King and Parliament would only realize that colonial opposition was in the grand tradition English principles of political liberty. Dickinson set his reasoning to paper in his “Letters from a Farmer in Pennsylvania,” a series of deft essays that brought Dickinson international fame as a man of reason and principle. Continue reading →