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If anyone, child rapists deserve death.

There are two groups of people who are against employing the death penalty on the monsters who rape young children. First are the people who are generally for the death penalty but limit it to murderers, and second are of course the people who are against the death penalty in all situations. Thus, to adequately illustrate why this position lacks intellectual ground on which to stand, each group deserves its own response.


Those that are generally pro-death penalty for murder largely agree that child rapists deserve death. But they refuse to include child-rape in the litany of death-penalty crimes because if it is, they argue, then child rapists have no incentive to not murder the child they are raping; they will murder the child in order to dispense with a potential witness, they claim. While this is not a frivolous argument, it ultimately fails.


Granted, it makes sense in the abstract that a person would not engage in certain behavior if he knows he will be punished more severely. But does it make sense for an adult to rape an 8-year-old little girl? It seems to me that the violent rape of an 8-year-old requires a far more deranged mind than even the mind that murders. So, I think, this deterrent effect, specifically in this context, is an idea that can only exist in the abstract. This is not to say that capital punishment never deters crime. It surely does. But there is a stark difference between a person contemplating murder and being deterred by capital punishment, and a person actually committing the violent rape of an 8-year-old girl and being deterred by capital punishment to not murder the helpless victim. 


This argument fails on a pragmatic level as well. If we give this argument merit, we necessarily open up the flood gates to use this type of shallow argument against all types of punishments; we would create quite a slippery slope. Imagine, there will be those that argue that otherwise just punishments should also be discarded merely because administering these punishments will not adequately deter criminals from doing worse, or more, crimes. For instance, some will argue that we should not even allow the legislature to make the punishment for the rape of an 8-year-old a life sentence, because then, if that rapist sees a car in the driveway, they have no incentive not to steal it; or we should not make the punishment for second-degree murder life-in-prison, as this criminal will then have no incentive not to rape a few people before he is caught.  No -- this argument is too superficial and easily misapplied for it to become a viable part of our nation's jurisprudence, and should be quickly discarded as such.


All the same, the second group's problems are far worse. When this argument is employed by those that are anti-death penalty and wish to keep all murderers alive, they saddle themselves with a very heavy load of intellectual dishonesty. In an ironic twist, these people have argued before countless courts that the death penalty does not deter. They then passionately claimed that because of this lack of deterrence the death penalty should be discarded even in cases of murder. But now, in another disingenuous attempt to remove the death sentence from the arsenal of tools we have to combat crime, they are arguing that it in fact does deter murder. Do they not need to choose a side? 


So while I can appreciate at least the first group's reluctance to employ the death penalty against child rapists, I submit that even they have neglected to focus on this issue correctly. As a result, let's start giving these child rapists their just desserts.  

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Religion's youthful indiscretions but virtuous adulthood.

Some atheists disingenuously attribute all the horrors of the past to people's religious convictions even though, historically, everyone—from the secular-minded Hellenists to the religious fanatics—treated human life with disdain. So if all people engaged in atrocities why is religion blamed for history's evils? Is it not more likely that the  inherent deficiencies in the human condition are to blame?


The critics of religion bolster this assault by pointing us to all the bad things religious people did in the past -- while, of course, ignoring the relatively greater atrocities committed by secular societies like the USSR and Mao's China in the more recent present. Yet, at least the honest ones among them admit that, for instance, many if not most of the current countries that help people are religious in both origin and practice, i.e. the U.S. But they just say that is what religious people have become recently. They therefore argue that since religion has a dark past, it is a bad ideology, and we should discard it in the present.


So, the question is whether this is an intellectually fair way to couch the issue? Isn't this the same as looking at a well-mannered adult and screaming at the parents for their bad parenting ideology; yet, the only things you point to for proof are these children's selfish and bad behavior as a kid? Merely because an ideology does not immediately render a young society civil, does not, in any way, mean that it is a bad ideology. Indeed, much like a child can take life too seriously, so, too, any ideology, religious ones being no exception, in their youth, may have taken themselves too seriously. 


In the final calculation, the only way to know an ideology's potential to fashion a virtuous society is to look at the end result, not the misgivings of its youth. For that reason, instead of immaturely mocking our Father's ideology by pointing at his children's youthful indiscretions, thank him for the way his ideology has shaped the relatively well-mannered society that we now take for granted. 

Tags: religion  
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God v. godless

All good, God-based, worldviews lead to better results -- more happiness and less suffering -- than any godless worldview; some godless worldviews lead to better results than some God-based worldviews; and all bad, godless, worldviews lead to worse results than any God-based worldview. 
Tags: religion  
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Religion and Patriotism are our first and last line of defense.

         What’s wrong with all of us thinking we are world citizens—all fellow members of the human race? Why do we need what many on the left call “more divisive” identities, like religion or patriotism

         Because we need something to motivate us to sacrifice and help those in need.  It is these more narrow identities -- what some might call "faiths" -- that give us the strength to put others' needs before our own. Be it one's identification with God, family or country—something needs to drive you

         And undeniably, as one’s identity gets larger and broader, they care for others less and less. To illustrate, we can start with the narrow identity of family or self where people care a lot, then we move on to the broadest identities like "World Citizens" or fellow humans, and we see people do nothing, i.e. the UN. It seems that at that broad level of identification, the unsaid but apparently deeply-held refrain is: "Why should we help? Let some other citizen of the world deal with that genocide."

         Now of course identity can go too far, like in the case of National Socialism. But that is by no means a reason to take the other extreme, embracing the meaningless identity of world citizenry. Too much radiation can also kill you  -- while a more focused amount just eradicates the cancer living in your midst. And thankfully and at least for now, no one is advocating we get rid of radiation merely because sometimes it can go too far. 

         So why give in to the left’s assault on more focused identities when they do so much good? Are there actually those among us that don't think the human race has many cancers living in its midst that we also need to eradicate? 
Tags: culture  
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Race and Gender are not the same thing.

       Only an idiot can conclude that the race of a couple is relevant to whether we should legally encourage their relationship with "marriage" and in turn, only an idiot can claim that their gender is not.
Tags: culture  
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"Judicial Activism" -- revisited.

         Unfortunately, "Judicial Activism" has become a term so widely used -- or for that matter, misused -- that it has lost most of its meaning. Like "neo-conservative," it no longer has a concrete, substantive meaning; it is just used by many as an epithet, arbitrarily thrown at people they don't like.

          Now, this does not mean that these words don't actually have a fixed meaning. It just means we need to re-establish it. While I have already attempted to re-establish the reasons why we should find Judicial Activism repulsive, at this point, a reference to some legal jurisprudence seems appropriate. So here we go:

         The problem of "Judicial Activism" has, ironically, been recognized as repugnant by the same judges that routinely engage in it. The Political Question Doctrine is a widely accepted notion of judicial restraint. It maintains, quite correctly, that the courts are ill-equipped to deal with some types of issues -- in this case, politics.
Sure, the question of whether, for example, a battery occurred—i.e. whether someone intentionally touched someone else in a harmful or offensive way—is well with a court’s area of expertise. There is little nuance for a court to apply. Using a handful of pre-existing rules and excuses for such conduct, the court can adjudicate justly. But this is not the case when we deal with politics. And most wise judges know that.

        Politics requires a far more nuanced approach. The question of whether we should institute school vouchers, for instance, is not something that can be concluded by merely invoking a few prior rules. Thus, clearly things like the use of military force or how a society deals with the value of the unborn should be determined by political debate and compromise, and not the relatively cold decision-making process of a court.

         So, in essence, this doctrine concludes that democratic representatives who engage in debate and compromise, can better adjudicate the complex political and cultural issues that a society inevitably faces.  In other words, it embraces democracy -- the once revolutionary idea that we can govern ourselves better than a monarchy or an oligarchial group, like the life-tenured and unelected Supreme Court. 

         Thus, through the prism of this doctrine's wisdom, we can be more clear: It is in fact when a judge abandons this wisdom, and imposes his own political preferences on that democracy, that he engages in "Judicial Activism." 
 

So why it this so bad? In fact, I am sure I could find some who think it is a good thing; maybe a democracy should have to listen to the orders of a few wise judges -- those people would say -- even if that does amount to an oligarchy.

 

          It is to those confused people that I would respond: it is bad because even as oligarchies go -- and they go poorly -- judicial oligarchies are the worst kind. A regular oligarchy, at least in theory, is or can be more macro-oriented. Meaning, it is less confined by micro sets of facts that are currently before it and it can thus better focus on the broader picture. 

          Yet, judicial oligarchies do not even have that luxury. A judge is largely bound by the "case and controversy" before it. That is to say, even though the case may have far reaching implications (see Roe v. Wade) the judge is at least ostensibly claiming to bring justice to the parties currently in front of it.  Thus, while a regular oligarchy can remain more focused on the big picture, a judicial oligarchy is more likely to be blinded by the emotional plea of the injured litigant, and thus not worry as much about the trickle-up effect of its decision -- effects that frequently cause terrible results. 

         As I explained in a previous post, for any law, no matter how just, one can come up with a micro situation where the law's result will be unjust. Therefore, a judge is more likely to take this micro injustice, let it pull on his heart strings, and then foolishly make it the global law. At the very least, intellectual honesty demands that one admit that a judge is more susceptible to such ill-humors than would a normal oligarchy -- let alone democratically-elected representatives.

         For that reason, if one believes in the superiority of democratic decision-making -- and I sure do hope there are a few of you still out there -- you should abhor judicial activism, and join forces with the rest of us who wish to eradicate it from within our midst. 

Tags: courts  
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Protect the Center!

        As the Democrats come out victorious from the Presidential race, many conservatives find solace in the fact that politics is cyclical and we were just due to be the party out of power. The political and cultural pendulum swings, they tell themselves, and thus we should not feel bad about losing.
 
         To be sure, the pendulum does swing.  But we should cautiously find comfort in this fact, as the center of the cultural pendulum also swings – in fact, it shifts.  And, in doing so,  the new center not only changes the cultural make-up of the society, but it also produces politicians that must try to cater accordingly. In other words, conservatives will regain control of the government in due time. But the center from which they will be elected may be unrecognizably "progressed" -- and so, the politicians must "progress" -- or more accurately,  devolve -- as well. So the point is, while the only thing certain in politics is that the party in power will lose it, when they lose it, they must be sure that the values upon which they were elected do not lose too. 

 

         Take the debate over homosexual "rights." There is little question whether the conservatives of the 40's or 50's would support any government recognition of a same-sex union -- let alone the encouragement of it. And granted, to a certain extent the softening of the conservative position on homosexuality may be a good thing. Then again, I may just take that position because the "center" in which I grew up had already shifted too close to radical egalitarianism.

 

         Be that as it may, now many conservatives have conceded to just protecting the mere definition of the word "marriage"  -- and even for that, they can only hold on by a 52% majority in some of the more confused states like California. In fact, two states, Massachusetts and Connecticut, or at least their oligarchial courts, did away with that as well. Why keep the age-old definition of marriage? What are we, Nazis? Slave owners?

 

         And if social issues raise too many distracting passions, what about the abandoning of the notion of small government? It seems that every time one turns around they are greeted with a new government spending (read: wasting) program that has bi-partisan support.

 

         So truth be told, in many ways, the conservatives are losing this battle for the center. And especially, but not exclusively, in areas social conservatism, the country’s core has dramatically shifted to the left. Thus, even when we do get another conservative in that white house, if we don't start getting our message out there with the reasonableness and passion it deserves, that person will more likely be a moderate -- one that can appeal to the then shifted center.  What's for sure, he will not be the truly conservative leader we all want -- or in fact, know  -- we need. 

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Faith -- the savior of reason.

         Many atheists argue that faith is not only unnecessary but that it is at-odds with reason.  Thus, society should completely discard it for the destruction that, they argue, inevitably ensues. But this argument runs into two overt roadblocks: One, these atheists are hoisting up reason, an inherently amoral device, as an independent source for morality; and two, faith leads, at the very least, to moral conclusions just as often as immoral ones. But before moving further, let's flesh out these two ideas so that we can see how, contrary to the argument above, society should not only tolerate faith but cherish it for it is essential to our survival.
 
         To begin with, reason, by itself, is utterly amoral; it will just as likely lead a person to immoral choices as to moral ones. Imagine a man, for instance, who finds a bag with $1,000,000 of unmarked bills, and he knows he could take that money without anyone ever knowing, and he will never get in any trouble for it. What does "reason" tell him to do? (That's a rhetorical question for any socialists out there who seem fine with taking other people's money even if people do know about it.)
 
         Another way to look at reason is that it is only as good as the moral framework in which it is applied. For example, if one's moral framework tells him Aryans have a far greater human value than Jews, then reason "morally" tells him to do with Jews as he pleases. All this shows us is that reason can in no way be an independent source of morality as it is, by definition, amoral.
 
         We now come to faith. Faith is, in a worst-case scenario, also an amoral institution—it leads people to do good just as much as bad. But in truth, faith -- at least the Judeo-Christian variety -- generally leads people to better choices. Sure, extremists exist who take faith and use it to commit evil. We, however, call them "extreme" for a reason: they are -- well -- extreme; they do no represent the majority of the faithful -- or even a significant minority. And no less importantly, a theist's potential for evil is relatively limited, as they must fit their corruption into a pre-existing faith framework -- an exercise in which an evil atheist would never need to engage. He does not answer to any higher authority, only his own demented heart.

         Thus, those that just carelessly blame the evil we find in the world on too much faith and too little reason engage in nothing more than a quest blinded by preconceived prejudices towards religion. Surely it was not critical and objective analysis that got them to this confused and dark place.

         Indeed, when one correctly confronts an atheist with all the unprecedented death that atheist regimes brought onto humanity in a mere century (more than all the religions of history combined), they argue back saying "those are not atheists who embrace the ideals I am talking about!" They conveniently claim that they must only take responsibility for the handful of atheist people who engage in careful and critical thinking; only the atheists who have abandoned "faith," be it spiritual (like Judaism) or secular (like Communism and Nazism), are their brethren. But this is a sleight of hand. The religious must somehow take responsibility for all people that exercise a God-based/spiritual religious faith and the atheist must not take responsibility for all the people who don't.

         Now, of course, we do not want people coming to a situation with faith alone—religious or secular. Reason obviously plays an important role of focusing one's faith to use it for good and not for bad. But to say "faith" is the problem is a misnomer. Faith, by itself, is just as much of the problem as is reason, by itself.  You need both. As stated above, you need faith to create the framework in which reason is applied. Even if one does not believe in God, they must concede that a notion like "all people deserve liberty" is a faith-based proposition.

         So, it seems the atheists are wrong again. We need both reason and faith. And those that seek to rid our society of either embark on an arrogant, destructive and foolish journey.
Tags: values  
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Confidently Ignorant

         We all need to prioritize our values -- placing just a few at the top. The reason to create a values framework in which a select few have primacy is obvious: No one knows everything; in fact, few people know much about anything.
 
         Therefore, when we fashion opinions, we invariably subscribe to positions that fit with those highly prioritized values. Put differently, when we don't have enough information to make an educated decision about a topic, we still take positions; however, we do so based on somewhat of an impulsive reaction to how those positions fit within our pre-existing values — i.e. one chooses saving humans over the "environment generally" if he, oddly, has some pre-existing attachment to the value of human life.
 
         Sure, we may later find out more nuanced information about a subject and realize that our values forced us to misplace our allegiances. But until then, it is better safe than sorry. So the point is, carefully choose that which you value most -- you don't know who your ignorant decisions may ultimately affect. 
Tags: values  
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Legislating morality, a game everyone should play.

         What I see as nothing more than a sophistic talking-point, somehow became a "compelling" argument.  Recently far too many people find persausive the notion that we should not "legislate morality." These people claim that the government should not get involved in something like morality; that's a personal choice -- of course. 

         I guess, then, intellectually consistency is also a personal choice. 

         Do they make similar arguments regarding other moral wrongs like animal abuse or stealing? Maybe we should make them legal so as to not legislate those views on morality. Whether one chooses to engage in either of these should, as the argument goes, be a personal choice as well. 

         Few take this position, however, and herein lies the problem 

         Many believe that something like abortion-on-demand is a greater wrong than stealing or animal abuse. They make the admittedly odd claim that animal rights or property rights are less important than an unborn baby's right to life. Thus, much like others who argue for laws to protect dogs, they wish to persaude the democratic society to make laws that protect the unborn. What are they thinking? Those religious people, always good for a laugh.
Tags: morality  
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Leave the morals to the experts.

         Below, in my post called the "Constitution is not alive -- let alone a leftist," I make a humble yet what seems to me clear case for judicial restraint. In it, I call upon all those involved to embrace a judicial philosophy that reflects an Originalism-type interpretation of the Constitution -- that is, one that is guided by the original meaning of the democratically-instituted words of the Constitution, and not the personal feelings of a few judges.  

         A common response to this line of thinking argues that this merely charges the judiciary with tasks more akin to historians instead of moralists. Either one, this argument claims, is just as problematic and susceptible to personal biases. But, paraphrasing the intellectually anti-intellectual William F. Buckley, I will not insult anyone's intelligence by thinking they actually believe this.
 
         To begin with, the Judges themselves are not the ones actually tasked with uncovering the historical significance of the Constitution's words like "cruel and unusual punishment." They instead rely on the copious amounts of historical texts that they have at their disposal. Thus, they must merely do what they were trained to do: interpret language used by someone else. The only difference between their task and the task of other lawyers is that their "someone else" is not only in a different space, but a different time as well. 

         Whereas, once judges are tasked with determining the morality of a particular law, only vaguely if at all guided by the more ambiguous language of the Constitution, they are entering a completely unfamiliar world. Surely lawyers are not known for their keen understanding of and training in moral issues. 

         Moreover, even if they were an especially moral bunch, one must agree that the morality of certain acts can be seen in many more ways than what words meant historically. To the extent the former is susceptible to personal bias, the latter is more of an objective fact. Hence, they are not, as the detractors claim, equally problematic. What happened just is; whether something is right or wrong depends

         For instance, many people -- even some conservatives -- incorrectly draw comparisons between a case whose “right” was based on the personal moral judgments of the justices, i.e. Roe v. Wade (1973), and a case whose “right” was based on the historical meanings of the words in the Constitution, i.e. D.C. v. Heller (2008). Both of these cases, they argue, pose similar concerns as they both call on the judiciary to decide which policy choices these rights demand or preclude – like parental notification or gun-lock requirements, respectively. 

         To a certain extent, they are right --  once the courts found an ability to second-guess the constitutionality of legislation, they inevitably have to make these types of determinations; and yes, personal biases will not be completely absent. Nevertheless, in one case they have a plethora of historical facts from which to draw guidelines, whereas the other's guidelines must be drawn from whole cloth – based solely on what ideas the particular justices find morally persuasive.

         The ever-changing abortion jurisprudence clearly reflects this truth. In Roe, those particular justices thought moral the strict trimester framework. Then, when the composition of the Court changed, so did the rules. Now it is largely based on what the judges see as posing an “
undue burden” on the “mother.” And since all these guidelines cannot be found in our history or our Constitution, they will undoubtedly continue to change as different justices are appointed for their life-tenures. That is not the case for the right to "keep and bear arms." This right is positively and exhaustively embraced by our history and explicitly mentioned in our Constitution. We do not need -- nor should we want -- any independent moral judgments from the justices.  

         Last, even if we are willing to trust the moral judgments of these nine judges who have little to no democratic accountability, we must be honest with ourselves: that is an oligarchy, not a democracy. "We the people" are not making these moral judgments, whether now or throughout our history, these judges are. Some may think this rule by an elite few is a good thing. Basic democratic principles of self-governance -- principles upon which our great country was founded -- do not.

Tags: courts  
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Karl Marx knows more than the Democrats.

         Even though I am one who rejects leftist thought almost everywhere I find it, it seems pretty clear that poor economic conditions are at least correlated with people committing certain crimes. Yet, it is at least equally clear that poor economic conditions are not the primary cause of a person's choice to break the law. Among other reasons, most poor people are not criminals, a lot of rich people commit crimes (albeit, generally less violent ones) and few robberies, let alone rapes and murders, are committed to obtain basic sustenance items like food or clothing.
        
         So, what does this all mean? It means that we should re-evaluate our efforts to reduce crime.

         Unfortunately, courtesy of Karl Marx, many people still think that economics are the primary determinant of people's choices, including their choice to break the law. Hence, they -- let's call them Bemocrats -- focus too much of the government's efforts on ending economic despair. Generally, this would be great—though, as an aside, it is pretty clear that the government is not the entity that can accomplish this. But under the auspices of fighting crime, it is surely misguided for even the government to make fixing economic issues its primary goal. Instead, we should be focusing our efforts on strengthening people's values.          

         In truth, it is only a lapse in values that causes most people to break the law. This is how poor economic conditions tend a person to commit crimes. Initially, let's take note of the link between economic despair and a person's lack of values: be it that person's failure to value education, family, hard-work, responsibility or the many other values that help a person improve his financial status.

         It is this lack of values that generally places a person in a situation where they must worry about putting food on their plate. And it is then in this position that they are more likely to give in to immoral choices -- choices which, at that weak time, may seem like the easier road to take. Yet, if better values were more strongly held by these unfortunate souls, they may not have given into the temptations in the first place. The majority of poor people that adhere to the law are a strong testament to that. 
         
         Hence, since lapses in values -- not poor economic conditions -- are the primary determinants of people's moral choices, strengthening those values should be society's primary offense against crime. Of course, how to do this is no easy question to answer; where the government should get involved is an ever harder one. But employing incentives like additional tax breaks for married couples, and disincentives like an end to the endless government subsidy of unmarried mothers or harsher punishments for breaking the law, would likely be a good start. It will be hard to hurt.

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The constitution is not alive -- let alone a leftist.

         It may surprise some people to know that "Judicial Review" is not in the constitution. No, this revolutionary ability of the judiciary to invalidate legislation that it finds to conflict with the supreme democratic voice, the Constitution, is not found anywhere in that document. In fact, it was not until more than a decade after the Constitution's ink was dry that Chief Justice Marshall found such an ability in his opinion of Marbury v. Madison (1803). 

         Yet, while the legitimacy of this doctrine was thus questionable from its genesis, since that cloudy day in 1803, judicial review has become an animal wholly different than its predecessor. Now, the legislature is not only bound to the will of the democratic public’s voice laid out in the U.S. Constitution, but it is also bound by the will of nine unelected, life-tenured judges some 220 years later. Democracy can flourish under the first understanding, it cannot under the second.

         There should be no dispute that when a court can "interpret" the democratically-instituted Constitution to mean something wholly different than was originally implied, the democratic voice it embodies means nothing more than what the judges think it should. And if this "interpretation" can then be used to strike down democratic legislation based on nothing more than the personal feelings of a few judges, that amounts to an oligarchy, not a democracy. 

         By asking the judiciary, for example, to evaluate the “evolving standards of decency,” we are in effect giving them the power to replace the will of the democratic public with the will of the unelected judges. Some judges -- without doubt, tenacious champions of democracy -- agree they are not up to such a task and thus,  confine  their rulings to the original meaning of the words in the Constitution. Others, however, cannot resist the temptation of power. And so they have used this power to make policy decisions that effect fundamental changes to our society -- from areas of criminal punishment to social mores to education -- all because they think times have changed, even though, in many cases -- if not most -- the democracy does not. 

         When all is said and done, if one thinks the times have changed, and they live in a democracy, then they must bring that notion to the ballot box. Written laws do not change with the changing of times unless the democracy, through its legislature, changes them. The written Constitution is no exception. So if, for instance, one thinks the establishment clause is not working well enough because irreligious people, due to a mere moment of silence in a public school, are not being respected equally, then lobby this cause before the American people. See if they agree with you. But to say that this is what the Bill of Rights—the democracy’s written voice from 200 years ago—means now, is preposterous. Indeed, the Founder's turned around right after drafting the Bill of Rights and started the congressional session in group-prayer. They likely had no issue with a mere moment of silence.

         Consequently, it makes little sense to view the constitution as a living creature that can change its mind based of course on what nine unelected judges think it should be; indeed, in a democracy this notion of rule by the unelected should be discarded out of hand as such.
  
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"Bleeding hearts" and public policy.

         Who are the "bleeding hearts"? These are the people that give micro examples to make the case for macro issues. Meaning, they try to make a case for some broad societal-policy based not on broad ideas and standards, but on isolated circumstances that merely pull on heart strings. This is a terrible way of devising public policy -- that is, if a person cares at all that the policies they advocate actually effect good.  

         For any law, no matter how just, one can provide a micro situation that makes the case that the macro policy should be discarded. It does this by playing to the emotions of people, distracting them, and casting the otherwise just law in a horrible light. 

         For example, let's take a law that, I think, we can all agree is just: the requirement of teachers who suspect sexual abuse to report that abuse to the proper authorities. Is there anyone that is really going to argue that this is not a just law? However, when a local high school had a sex-scandal, we are provided with a micro example that should, if we follow the advice of the "bleeding hearts," compel us to discard this law.
 
         At this school, a 10th grader had a sexual relationship with a 12th grader. The problem was that the 12th grader was 18 and the 10th grader was not. So the 12th Grader, a football star, was charged with statutory rape. The public outcry could be heard throughout the nation; they demanded that heads roll. So what did the authorities do? They, in accordance with the above notification law, fired and striped the licenses from all the teachers that knew of the illicit relationship but "did nothing." Sounds great. The only problem: it wasn't.
      
         Included in this barrage of firings, unfortunately, was one teacher who only found out about the issue after it had exploded into a scandal. She was fired because she had heard about the relationship at a lunch table when the principal was asking people if they knew anything; and, relying on the fact that the principal was doing something about it, she took no further action. In other words, she didn't contact any authorities to tell them that she had information that would lead her to suspect sexual abuse.
 
         So this innocent woman is now left with no job, no teaching license, and all because she ate lunch at the wrong place at the wrong time. If that is not a reason for a heart to bleed, I don't know what is.
 
         But are there really people out there that would take this outrageous micro example to make a case to discard this otherwise just law that requires teachers to report suspected abuse? I hope not. Yet, far too many people do take equally outrageous micro examples to discard other just laws.

          People want to, for instance, discard the traditional definition of marriage because it is possible that on a micro level a gay person would not be able to visit his loved one at the hospital, after regular visiting hours. The answer to this should not be to radically redefine marriage but to create a statute that allows loved ones to visit their dying partners. Take care of the micro issues in micro ways; don't destroy a fundamental macro institution. This option, however, seems to be lost on those blinded by the demagoguery of "equality" (read: sameness).

         All the same, to not just complain, I offer a line of thinking we can use to combat this distracting and destructive line of thinking. That is, we have to start honestly evaluating situations to see if the micro example's horribleness is really a broad concern. In other words, we must figure out if this micro situation is not just an isolated event that people mention to merely stir up emotions and distract. To be sure, this is no easy task. But the ability to perform these more objective determinations is one of the primary prerequisites to wisdom. So wise up, or get out of the way.

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Is marriage a fundamental right?

Anyone who has ever tried to argue for the preservation of the traditional definition of marriage has probably had to listen to the proclamation that "marriage is a fundamental right" -- a right that you are then claimed to have denied to same-sex couples. So, to answer whether we do in fact have a fundamental right to marriage, we must, as usual, first define the terms we use. If by "marriage" one means that people have a right to love and grow old with whomever they like, then if we do not already have a fundamental right to such aspirations, we should; and in America, for all intents and purposes, we do. Gay and straight people alike are completely free to make whatever religious or personal commitments of love that their heart desires. 

But if by "marriage" one refers to government recognition and encouragement of a couple's relationship, then no right ever existed nor should it. All the same, let's, for argument's sake, assume that couples do in fact have a right to "marriage" and that "marriage" means the right to not just love whomever you like, but to receive government treats as well. In a democracy, "We the People" still need to define who is entitled to get "married." Only they have access to this fundamental right. And as of right now, the democracy has overwhelmingly decided that this only applies to heterosexual couples. 

Yet, for the same-sex special-interest groups, that is rarely if ever enough. Every time they lose at the ballot box, these groups take their cause to the oligarchial courts. These activist judges then make use of the vaguer language from decisions like Loving v. Virginia (1967) to make the case that the government must encourage all types of relationships in the same exact way. That is to say, they argue that marriage is a fundamental right and thus denying marriage to same-sex couples violates the constitution. 

These courts then order the democracy to change the law to how they see fit. Nevertheless, even on their own constitutionally-delusional terms, to do so they must necessarily extend the definition of "marriage" to include same-sex relationships. Without such an extension, the fundamental-right status – the status they use as a sword to pierce the democracy -- disappears; only "marriage" is a fundamental right.

So why do people not have an issue with the courts taking these radical steps? It is likely because, unfortunately, this sleight of hand fools far too many otherwise intelligent people.  

Maybe an example will help: "Parents" also have a fundamental right. Theirs is the basic right to dictate the way their kids are raised. However, if you went to your neighbor's house and declared you --  not just the father and mother -- have a fundamental right to dictate their kid's upbringing, I hope you agree, you would be nuts. This would be true even if you paraded in the streets with a bunch of rainbows and leather, screaming that the definition of "parents" has "progressed" and now includes neighbors as well. Neighbors, according to the definition agreed to by society, have no fundamental right; surely most would agree that the courts have no authority to extend the definition of "parents" to give neighbors that right, right? 

So, too, there is no fundamental right for anyone, in any situation, to get legally married. They must meet society's definition of "marriage," which is now just a man and woman. Of course, one can try to persuade society to change that through democratic channels.  Until that occurs, however, the constitution and of course, the courts, have nothing to say about the issue. But that doesn't stop them. Too bad, democracy was good while it lasted. 

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