Declaration of Independence

Constitutional Conflict

I like to use alliteration in my writing and I had considered titling this piece “Constitutional Crisis.” However, in less than four years the Trump administration has created so many such crises that they have practically rendered the term trite. Still, Constitutional Conflict sufficiently serves my purpose.

We hear a lot about rights in today’s society. Of course, the consideration of rights has long been a part of American life, whether we speak of human rights, voting rights, equal rights… the list goes on and on. But in almost every instance we use the term incorrectly.

The Declaration of Independence states that all people are created equal and that “they are endowed by their creator with certain inalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” The enumeration of those three rights was not intended to be exhaustive, merely representative—a justification for declaring independence from an unjust and oppressive government.

Our own history, however, has been complicated when it comes to rights—even up to the present day. It is almost as if we were willing to slide into the same oppression exercised by King George III. And it did not take long. The original draft of the Declaration condemned slavery. But that condemnation was removed to gain the support of the Southern delegations and ensure their vote for independence.

Only twelve years after the Declaration of Independence, the US Constitution was drafted and it failed to guarantee all citizens, among other things, the right to vote. And here is precisely where the Constitution, current state legislatures and even the US Supreme Court have failed.

By their very meaning, rights are not granted by a king, a parliament, a congress or any law. They are inherent in nature, in being a person. Unfortunately, we tend to subvert logic, reason and even basic principles by subjecting them to the the agenda of partisan politics.

The concept of American democracy rests on the principle of one person, one vote. By that standard the women’s suffrage movement should have been unnecessary. No government, at least not within a democracy, has the power to take away any rights. Privileges, yes. Rights, no.

For example, no one possesses a right to serve in Congress. That is a privilege granted by the electorate. It can be conditioned, as constitutional age restrictions do. It can be revoked by the same citizens who grant it. But it is not a right. Driving a car is not a right. It is a privilege that is controlled by the state.

Voting is a right and it cannot be taken away. Unlike the suffrage movement, the Voting Rights Act sought to restrict illegal state government activities. It attempted to guarantee that no state could take away a person’s right to vote. That it took years of suffering and bloodshed before Congress passed the Voting Rights Act, is a blot on our nation’s history. That states are attempting to restrict that right today, is unconscionable.

Similarly, rights cannot be forfeited. Once again, that basic principle does not serve our political purposes. One of the problems with the death penalty is the idea that if someone commits murder they forfeit their own right to life. That, however, is obscene. The right to life is not only mentioned in the Declaration of Independence, the document also notes that the right is endowed by God and that it is inalienable.

The same holds true when people are incarcerated. They do not, indeed they cannot , forfeit their right to vote. And as noted above, it cannot be taken away. When they are released, that right is not restored to them. They never lost it. Unlike privileges, rights cannot be restricted. So poll taxes were declared unconstitutional.

In 2018 the people of Florida amended their constitution to restore voting rights to felons who had completed their sentences. First of all, it bears repeating that the right to vote could not have been surrendered or taken away even by the commission of a crime. What Floridians did, however, was to partially recognize that truth and correct a state injustice.

Immediately, the Republican led legislature realized that if more than a million former felons voted, the Republicans stood a good chance of being voted out of office. What to do? Deny the very definition of a right and pass an unjust law restricting that so-called right.

When the issue came up before the Supreme Court in July, the justices refused to intervene, just as they refused to intervene to protect voting rights in Wisconsin, Alabama and Texas. Just last week a federal appeals court upheld the illegal, illogical and unconscionable Florida law that restricts former felons from voting. I must stress and we must realize that this is not really an issue of law.

I suggest that each Supreme Court justice and each member of federal and state judiciaries be given two things: a copy of the Declaration of Independence and a dictionary. If any of them are serious about their work on the courts, they might also want to read the United Nations Declaration on Human Rights and maybe a philosophy book or two.
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In Lieu of Statues

“An idea is a greater monument to God than a cathedral.” These words were spoken by Spencer Tracy in the film, “Inherit the Wind.” They are part of a lengthier monologue in which he discusses the individual human mind and the idea of progress. In a movie replete with memorable quotes, the one above is probably my favorite.

The recent movement to remove statues commemorating various Confederate generals, coupled with the suggestion to rename the Edmund Pettus Bridge after the late civil rights leader and Georgia congressman John Lewis, left me wondering. Do we approach our history from a perspective of immediacy and expediency, rather than principle?

Not unlike other cultures and countries, we lionize our past leaders—at least the ones we believe embodied the values we hold dear. There are, of course, exceptions. No other country would memorialize traitors. And, in fact, we have no statues to honor Benedict Arnold. He is the bane of the American Revolution. Then, why did we ever erect statues to honor the traitors who led the South during the Civil War? These monuments are a perfect example of bending history (and facts) to the expediency of the moment.

As has been pointed out in numerous journals and history tomes, most of those statues were built long after the war, the majority in the early part of the 20th Century. Had America forgotten the tragedy, the internecine conflict that tore apart not only a nation, but also families? No. But honoring these traitors served an agenda—the furtherance of white supremacy. As a result, while the violence had ended one could conceivably argue that the Civil War, itself, did not. After all, the Emancipation Proclamation did not end slavery, these statues espoused the clear conviction that blacks were subservient to whites, that segregation was natural and proper—all resulting in the civil rights movement of the 1960s. And continuing today.

But there are also memorials to people that the entire country can hold in esteem. The most obvious examples would seem to be the Founding Fathers. In August 2017 President Trump lamented the removal of statues to Robert E. Lee and Stonewall Jackson, complaining that monuments to Washington and Jefferson would be next. Trump does not know enough history to be prescient, so it was quite by accident that he stumbled on the question of whether we should honor even our Founding Fathers with statues.

Consider the unpleasant truths buried within American history. Many, if not most, Americans believe that Washington was not only a great general and president, but that he freed his slaves. He did no such thing. Or consider Jefferson, whose brilliant, philosophical and enlightened mind crafted the Declaration of Independence, which in its original draft condemned slavery. In spite of that he not only did not free his slaves, he enslaved even his own children, his progeny with Sally Hemings. Are these men really role models?

This brings us to the current movement to rename the Edmund Pettus Bridge after John Lewis. Lewis was a man who commanded great respect for his lifelong commitment to equality, justice and civil rights, especially voting rights. I admire him greatly and consider him as much the heart of the civil rights movement as was Martin Luther King, Jr. Lewis gave his life, literally to the edge of death, in service of civil rights. But there is a danger that in death he may be lifted beyond the mere mortal. And future generations may discover the imperfect in John Lewis.

Only after King’s death did his shortcomings surface, reminding us that he was first and foremost a human being. Like all human beings he was imperfect. The same can be said of every great leader of every race. Every president in American history, all but one of whom were white, was human and imperfect. That humanity should not diminish their accomplishments. In fact, it should enhance them, with each person being judged on the merit of their principles and their achievements—or lack thereof.

In Psalm 146 we are cautioned: “Put not your trust in princes, in mortals in whom there is no salvation.” And yet, we need inspiration to strive toward perfection. If we do not find it by honoring those who came before us, where do we? Why not in principles, in movements and in legislation?

The Declaration of Independence, even in its final and less perfect form, is the premier document of the United States of America. Without it there would be no Constitution, another essential but imperfect document. Set aside for a moment the fact that Mt. Rushmore was stolen property and the carving of the presidential images illegal. How much greater would it be to have carved the Declaration of Independence in that rock?

We already have Independence Hall in Philadelphia and multiple Constitution Avenues. We now have Black Lives Matter Plaza in Washington, DC. In the case of the Edmund Pettus Bridge, might we not rename it “Bloody Sunday Bridge?” Then we can list the names of those who were beaten while peacefully marching to Selma.

It can be argued that erecting monuments to ideas, principles, movements and legislation serves another purpose. It causes people to think deeper than the image of a hero. It calls a nation to reflection and to the internalization of ideals. It reminds us that the work of justice is never complete. It prevents us from resting the on the laurels of those who came before us. It demands that we take up the mantel and be the force of change in our generation.

Perhaps future generations will see a Suffrage High School in every county. Or Voting Rights Parks dotting the landscape. Or downtown libraries named for Civil Rights. We are limited only by our ideals and our imaginations. Not only is an idea a greater monument to God than a cathedral. It is also a greater monument to heroes than a statue.
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America First

For days, weeks and possibly months, the political sport of dissecting the election will continue. A wide range of explanations will emanate from leaders of both political parties, elected officials at all levels of government, commentators and the media. As we did during the campaign, we run the risk of over load and possibly even addiction. It might be more profitable to step back and slightly alter what we should examine. I suggest vivisecting the electorate itself—the people of the United States, regardless of how they voted or why they voted as they did. Who are we as a people? And what does it mean to put America first.

“God bless America” has become the norm for ending presidential speeches and even most campaign speeches. In and of itself it is innocuous. But it is also a blatant attempt to manipulate the listeners, at least those who believe in God. President Nixon first used the expression to deflect attention from his criminal activities surrounding the Watergate scandal. President Reagan used it to inflame the passions of patriotism. And now, in spite of the fact that it has become commonplace, it serves to suggest that every word in the speech that preceded it must be true because the speaker believes in “God and Country.” But there is a problem. Maybe the expression is not so innocuous after all, for it creates and then plays into a myopic vision of the world.

If there is one word that encapsulates this past election it is xenophobia—in its broadest sense. Not just fear of foreigners, but fear of anyone and anything that is different. Fear of people who are different whether because of their place of origin, the language they speak, the color of their skin, their sex or sexual orientation, their faith, their political beliefs. This broad definition of xenophobia also encompasses fear of international trade, of political and cultural exchange, even of scientific knowledge. In this kind of fear and uncertainty it is much more difficult to determine who are we as a people. Everything seems to have become unfamiliar and threatening. So we define ourselves by our past.

I am not convinced that the values of the right and the left are all that different. What I am convinced of is that we fear each other. But there is a solution. Getting to know an individual or group of people who are different from us; placing them and ourselves on the same plane; accepting them as equals; this is how we eliminate fear. By way of example, the reason that same sex marriage is so acceptable to most younger Americans is that they have grown up with friends who are gay, lesbian, bi and, more recently, transgendered. But when we ghettoize our existence, when we wall each other out—or in—we feed fear. And in that world of fear, who we are as a people becomes less attractive.

It is not surprising that the overarching xenophobia that drove the recent election centered around immigration. Immigrants are the ultimate other. They look, speak and worship differently than we do. And they come here to share (some would say take) our prosperity, our way of life. But this is the great conundrum for the Christian, and by extension for all other Americans.

Prior to WWII, most political and religious groups accepted that nations had an inherent right to limit immigration. After witnessing the devastation of the Nazis, and the Fascists and the threat posed by Communism, the Catholic Church made a profound move away from that right. This was partially influenced by the Church’s universality, and by its own immigrant experience, especially here in the United States. More importantly, though, the Catholic Church was evolving a body of social teaching that began in 1891 with Pope Leo XIII’s encyclical letter “Rerum Novarum.” In 1963 John XXIII declared in “Pacem in Terris” an absolute right to emigrate, and by 1967 Pope Paul VI made clear in “Populorum Progressio” that an individual’s right to emigrate supersedes a nation’s right to close its borders. Over the last fifty years, the Church has only reinforced its defense of the rights of immigrants to move where they will.

Although not popular with politicians or nativists, the Church’s teaching should surprise neither a believer nor a student of humanity. What country we are born into is purely an accident of birth. The land does not belong to us. We are its stewards, not its owners. For the believer all the earth belongs to God. For the non-believer it belongs to the whole of humanity. Immigration, along with globalization, must be seen as part of God’s plan for a universal humanity, one in which everyone partakes of and shares the world’s resources and where the few do not prosper at the expense of the many—not only within one country, but around the globe.

The Cold War that emerged at the end of WWII brought with it terms such as “Super Power” and “Leader of the free world”—words and ideas that became part of our daily lexicon. Whatever positive imagery arises from them, they also carry an unmistakable downside—dividing the world into us vs. them, and further deepening suspicion and fear. But we need not be restricted to the concepts that rise from those terms. Our imaginations remain unlimited and we possess the creativity to conceive the world any way we choose. The founding of the United Nations with its Declaration on Human Rights proves this. We have the ability. We seem to have lost the will.

I am glad to have been born in the United States and I appreciate my life here. But I do not believe in America first. America is a land of great opportunity, but it is not inherently better than other countries. We profoundly proclaimed our right to freedom and self-determination with words that have inspired people the world over:
“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.” The rights articulated here belong to ALL people, not just Americans.

Our Declaration of Independence and our Constitution have long been beacons to the world, enshrining the concepts of liberty and justice. But when we surrender to the grasp of xenophobia they are reduced to the status of dusty documents, illuminating neither us nor the world. We should not accept America first. We should only accept America together. To borrow the language of fictional Camelot, all countries should be seated at a round table where all are equal.
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Is It Too Soon?

On Wednesday, December 2, 2015, America suffered yet another mass shooting. This one took place in San Bernardino at the Inland Regional Center. Caring for more than 31,000 persons with disabilities, it is the largest such center in the State of California. At this writing, 14 people are dead and 21 injured.

Once again the people of the United States reacted with shock, anger, bewilderment and disbelief. Although it is questionable that disbelief should be among those reactions. After all, this has become almost commonplace with more mass shootings occurring in the United States than in any other country. The reasons are many and cannot be blamed merely on the possession of guns. The fact that this occurred in California, the state with perhaps the most stringent gun legislation, indicates the complexity of the problem.

And yet, as President Obama has stressed frequently, we cannot continue to abide this kind of senseless violence. Finding a solution means stitching together many pieces of the puzzle, but clearly one of them must be sensible gun legislation. California’s neighboring states do not have the same laws, making it easy to bring guns across the border. Further complicating the issue is that the guns used in this shooting were legally purchased in Southern California. We need some kind of national legislation.

In the wake of yet another of these rampages, several legislators have called for just such legislation aimed at preventing future attacks. But on Thursday morning, state assemblyman Marc Steinorth on a radio interview stated that he was offended that anyone would be talking about gun laws when they should be responding to needs of the victims and their families.

My response to the assemblyman is that offense cuts both ways. I am offended, righteously so, that Steinorth would seek to manipulate this tragedy by attempting to divert and control the public discourse from a conversation long ignored by many politicians. His comment suggested, or at least implied, that caring for victims precludes talking about what created these victims in the first place. The illogic escapes me. Perhaps he is uncomfortable confronting his own complicity in the easy access people have to guns in this nation. Doubtful. Like too many politicians, he is in the pocket of the National Rifle Association and seduced by an illusion of second amendment rights.

Steinorth, like every other politician, knows that the further removed we become from tragedies like the one in San Bernardino, the less willing we are to discuss the causes. The result is, we don’t. And so the gun lobby cements its irrational hold on state and federal legislatures.

I have looked back over the statements made by NRA representatives each time one of these shootings takes place. These men are masters at deflection and deceit. One might expect that if the NRA were committed to legitimately lofty ideals, they would defend the possession of rifles for hunting and possibly even target practice. Every thoughtful person knows that there is no legitimate reason for the possession of assault weapons, other than to kill as many people as possible or to fire the testosterone of insecure and usually aging men. As for handguns, their only purpose is to kill—period.

Perhaps the real tragedy is that the number of people killed in mass shootings make up a very small percent of the total killed by guns every year in the United States. Mass shootings merely focus our attention for too brief a time.

The United States has always been a country in the pursuit of peace, but it has never been a country at peace. The proliferation of weapons, in particular handguns and assault rifles, fully guarantees it never will be.

If now is not the time to talk about gun legislation, when is? Some politicians would have us believe the answer is never. Instead, they suggest that the problem always resides in the individual. At this point, the motives for Wednesday’s killings are yet to be determined. Were Syed Farook and his wife Tashfeen Malik terrorists? Was this a workplace dispute? Or perhaps a little of both? Was the Inland Center the original target or mere an expedient one? We will know more in the days and weeks ahead. Still, there is one thing that this shooting has in common with all the others: no one can deny that dozens of people would be alive today were it not for the guns.

It is not by accident that the Declaration of Independence lists “life” as the first of the unalienable rights endowed on all people by their creator. If we want to be a peaceful society, if we want to secure that right to life for everyone, it is not too soon to engage the nation in a long overdue discussion about what kind of laws will make these tragedies less likely to be repeated. “Steinorth, are you listening?”
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A Supreme Mistake

Money talks. This is an old aphorism in American culture and probably among people the world over, for human history has demonstrated that the rich generally get whatever they want. The haves never have enough and the have-nots never get enough. This is sufficiently problematic in the world of finance. But when that world intersects politics, the result is generally disastrous.

Democracy, certainly the American version of it, is predicated upon the principle of one person, one vote. No one individual possesses a greater claim than any other on the outcome of an election. At its core, democracy is essentially egalitarian. But this guarantee of equality is eroded when elections are determined by the amount of money available in a campaign. That is a lesson we should have learned in the 1970’s.

The Watergate scandal toppled an administration and led to the only Presidential resignation in U.S. history scarring the reputation of Richard Nixon, arguably a great statesman. But it did more. At the time, the scandal awakened Congress and the American people to the corrupting influence of money in politics, proving that this corruption is not just theoretical. The buying of politicians and political influence is intrinsically perverted and leads inevitably to a political and social landscape that is as dark as the night that follows the day.

The U.S. Supreme Court, at least five Justices, appear ignorant to historical reality. In yesterday’s decision McCutcheon v. Federal Election Commission, Chief Justice John Roberts wrote, “There is no right more basic in our democracy than the right to participate in electing our political leaders.” Ironically, and not just a touch cynically, that is exactly the right that the Supreme Court has now stripped from most Americans.

I am baffled by one aspect of this decision: Why didn’t the Supreme Court just abolish elections altogether and merely put candidates up for auction? Oh, come to think of it, they did. How many Americans have $3.6 million to contribute to an election? People might do well to ask themselves whether their individual votes equate with participation compared to that kind of wealth.

There is an element of incomprehensibility in the court’s decision. Money is a tangible object, but the Justices want us to believe that spending it to influence elections is an exercise of free speech. This suggests that some people are more free than others because they possess more wealth. It also makes slaves of the poor, reducing the average American to a plantation worker. And if I am not mistaken, we already fought a war over that.

America is quickly falling, if it hasn’t already, into a world of oppression. An abyss where the oligarchy control all aspects of government—legislative, executive and judicial. We’ve seen this before, throughout history and around the globe. And we know the result. People will put up with oppression for only so long before they revolt. We did it ourselves over two hundred years ago. The last line of defense should the Supreme Court, but it has now fallen prey to the power and whim of the wealthy. As such, more and more citizens will begin to realize how powerless and disenfranchised they truly are.

I fear we are nearing a new revolution. Since the court’s ruling in McCutcheon infringes on the fundamental rights of the governed, maybe it is time to revisit our own Declaration of Independence. That founding document states, “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute a new Government…” Then again there might a less drastic solution.

In American democracy the government is the people. That’s why we have elections in the first place: to vote in and out of office those who, respectively, do or do not represent us. It is a reality today that running a campaign costs money. Perhaps the time has come for the government to equally fund all campaigns—the federal government for federal candidates and state governments for state candidates—and to eliminate all private funding. This is money that belongs to all the people, not just a privileged few. I realize that such a proposal will fall on many a deaf ear. But elections should be determined by the power of a candidate’s ideas and convictions, not the size of his or her bank account.

Money talks, but it is not speech.
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Time's Up! Law, Morality and Religion

It seems as though every aspect of life has been partitioned into an “us” v. “them” mentality. The most obvious example is black v. white--most obvious because it is so visually demonstrative. It has become the absolute metaphor for good versus evil, and right versus wrong. This is fine as far as it goes, but most of us do not live in an absolute world. Our lives are tinted by shades of gray.

The problem intensifies when we start applying that analogy to the real world, assigning goodness and evil to other people simply because they are different from us. This is particularly odious in the areas of morality and religion. And, no. They are not the same.

Moral values transcend religion in the same way that God transcends religion. To some that may seem incongruous, but the simple truth is that both God and morality existed prior to any concept of religion. Wrapping morality into one’s religious ideas, at least trying to make them synonymous, is an exercise in futility. It is certainly futile when one is in search of truth. At the same time, it is quite successful in creating a simplistic view for the simple-minded. But that has its own drastic consequences.

Several generations of white people believed that blacks were inferior. Some ignorant people still do. Who knows the actual root of such prejudice? Perhaps it was rooted in the economic and structural development of the Western world. But did such advances make the West more civilized? I suppose it depends on how one defines civilization. One thing is clear: The resulting prejudice defiled religion as believers sought to justify their bigotry in their faith.

A similar kind of discrimination occurred with women. In fact, choose your group and there is a prejudice to match. Many people of faith have continually twisted their thinking into knots to justify bigotry that has no rational foundation. And they have managed to complicate the matter even further.

Recently, people of religion have been making louder and louder claims to be the guardians of morality. Almost without exception, these claims to moral superiority are rooted in their religious values--values that are neither absolute nor universal.

Today, the U.S. Supreme Court heard arguments for and against same-sex marriage. There is nothing inherently immoral about same-sex marriage, nor about homosexuality itself. The morality exists only by way of social construct. And those constructs, like all moral values, differ from one society to the next and are always in a state of flux or evolution between generations.

To claim that religion determines morality is like saying religion determines God. Wait a minute. That is exactly what many believers do! They can only accept and believe in a God who conforms to beliefs they already hold. They are not about to be challenged by God. By extension, they can only accept people who believe and act the same way they do.

How else to explain the absurd refusal of some fundamentalist Jews to recognize a non-Orthodox marriage? How else to explain the absurd claim by Christian fundamentalists that non-Baptized people are going to hell? How else to explain the absurdity of Muslim fundamentalists who say that a person who converts from Islam should be put to death? How else to explain the religious belief that same sex couples cannot marry—a religious belief with a very uncertain ground in truth and no claim on the mind or heart?

Enter the law. One of the beauties of the Declaration of Independence and the Constitution are that they are not based in any religious tradition. The Declaration transcends faith, at least beyond the general acknowledgment that certain unalienable rights are bestowed by God. The Constitution transcends the contextual limitation of social morality, at least insofar as those same unalienable rights are inherent in being human.

The result of the American experiment in democracy is that law is the all important and ultimate measure of our society. Neither morality nor religion can make that same claim. A certain credit must be given to those who vociferously claim that God is being pushed out of public life, schools, etc. They have managed to distract many people from the truth. Many people, but not the courts. So a certain gratitude also must be expressed to those judges that have consistently held that God does not belong in public life and schools. The United States is not run on Christian or any other religious principles.

In this country the law is the foundation of our society. It should not be capricious, nor should it be dictated to by religious whim. Our Declaration of Independence states that all are created equal and endowed with rights. The rights mentioned are not meant to be all-inclusive. What is all-inclusive is the all people have these rights.

I disagree with the religious position of the anti-gay movement. It is a skewed and false reading of the Bible. But it does not matter. The United States is not a country based on the Bible, and that is a good thing. It is a country based on the law.

All people have a right to marry, black and white, gay and straight. I would like to believe that anti-gay is the last great prejudice to be overcome by our society. History suggests that as soon as we succeed, something else will spring up in its place. There will always be those people who seek to cast a black v. white, a good v. wrong pall over the world of gray that is human life.

For now, times up! In the United States of America, law, justice and equality trump religion. Thank God! And thank the Founding Fathers!
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Citizens United--An Amendment

Words, whether spoken or written, are our primary means of communication. For this reason, even as words evolve, it is essential that we agree on their meaning. No one is above the law of definition. The alternative is an inability to communicate with reason, and confusion more disruptive than Babel.

At the Iowa State Fair on August 11, 2011, Mitt Romney made his now infamous declaration: “corporations are people, my friend.” That statement simply does not pass muster. Romney was roundly
ridiculed by citizens in the crowd. In news reports, members of the media chimed in. However, few people took the time to analyze the danger not only of his idea, but also his misuse of language.

In the Declaration of Independence, we read the following: “We hold these truths to be self-evident, that all men (sic) are created equal, that they are endowed by their Creator with certain unalienable Rights….” Whether or not one believes in God, the point here is that people, not corporations, are so endowed.

The problem is that Romney equivocates on definition and defies the conventions of logic, for a corporation exists only as a legal entity. As such, its rights and obligations do not accrue naturally, as they do with persons. It is true that a corporation is made up of individuals, but collectively it is not a person.

On the one hand, it is easy to see why Romney thinks corporations are people. He has never had to work a real job in the real world. Almost all of his wealth is derived from sitting in boardrooms and deciding which companies are most attractive for the “purchase, dismantle, sell and workers-be-damned” model of business.

On the other hand, Romney is not entirely to blame. He is not known for original thought, and in this case his idea emanates from Supreme Court and its Citizens United decision of 2010. Prior to that decision, most rational persons would never have dreamed of calling corporations people. But once one accepted definition is dismissed, it is easy to alter the meaning of other words as well. All of a sudden, money is defined as speech.

I have a friend who suggested the Supreme Court did not anticipate that their decision would undam the flood of corporate money that has so corrupted the current political season. I am a little more cynical. And for good reason. Even if one were to grant a certain naiveté in the Citizens United case, the Court revealed its true colors this past June by doubling down in another 5-4 decision, the American Tradition Partnership case. In that decision, the court struck down a century-old Montana campaign finance law that prevented corporations from spending money on political campaigns. This may be a terribly disturbing image, but the truth is that the Supreme Court essentially disrobed and flashed American society.

Like elected officials, the Justices are entrusted with protecting the Constitution. As the final arbiter of law, the Supreme Court’s obligation transcends even that of the President and the Congress. What recourse does society have when the Court, itself, tramples the Constitution and substitutes chaos for the rule of law?

The Citizens United decision necessitates a constitutional amendment. This is a remedy that I recommend with great reluctance. There is always a danger that fanciful ideas rooted in unrestricted emotion might make their way into constitutional law, as happened with the Eighteenth Amendment prohibiting alcohol. To its credit, the United States has passed only twenty six amendments, one of which, the twenty-first
, was passed to reverse the foolishness of the eighteenth.

A constitution that is amended too frequently becomes a useless document. Still, a constitution is comprised of words, and the meaning of those words matters. Corporations are not people and money is not speech. If integrity is to be restored to the electoral process, the United States needs a twenty-seventh Amendment that overturns the Citizens United decision.
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Romney's Entitlement Problem

When I was growing up, my parents forbid me to use what they euphemistically called “four-letter words”. I suppose most people had the same experience. As I grew older, however, I realized that longer words are also included in the prohibition. What I did not learn until recently was that “entitlement” is one of those words. In this case it is not only the use of the word that is taboo, but also the meaning. I am left to wonder: How is that right wing politicians have been allowed to turn something good and essential into the equivalent of a four-letter word?

An entitlement program is a guaranteed government benefit, the two big ones being Social Security and Medicare. Romney’s infamous 47% statement—in which he dismisses and treats with disdain half the country—includes many people benefitting from these two programs. Other politicians, including Ryan see these as social evils, and they are twisting themselves into knots in an attempt to pacify seniors, stating that they will preserve the benefits for current recipients while essentially eliminating those benefits for younger Americans. There is something very sinister at work here.

Paul Ryan grew up in a very rich family. Sadly, when Ryan was sixteen years old his father died. As a result, Ryan began receiving Social Security payments. Nothing illegal there. It is the law. It is rooted in the fact that Ryan’s father had paid into Social Security and it is only fair that his son receive some kind of payments until age 21, even if he did not need financial support at the time. Ryan has altered his attitude toward this government entitlement since the days when it benefitted him. Still, it seems to me that the problem is deeper than mere hypocrisy.

Other writers have countered this attempt to roll back entitlements with the observation that these government programs are contracts. They were entered into in good faith. What people receive in retirement and health care is not dependency. It is money and subsistence that they are owed. It is a return on their investment. That is language Romney should understand. Still, the issue goes beyond contracts. This is a question of values and morality.

Romney ridiculed 47% of the nation with the statement that these people “believe they are entitled to health care, to food, to housing, to you-name-it.” I say ridiculed, because if one listens to the actual recording, Romney’s inflection on the word “entitled” says everything anybody needs to know about Romney and his attitude toward humanity. It is obnoxiously corrupt. Entitled to food? Entitled to health? Entitled to a place to live? Give me a break! Romney is deficient both religiously and politically.

Every major world religion, every humanitarian organization believes that people are “entitled” to these things. At least to food and good health. Although Romney is not a Christian, his Mormon faith includes the New Testament in which Jesus makes clear his preferential option for the poor. Jesus, himself broke the social and religious taboos of his own day. He ate with sinners and he touched the unclean.

The Declaration of Independence, which gave birth to this great nation states that all people “are endowed by their creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Do Romney and Ryan really believe starving, untreated illness and homelessness define the God-given “Right” to life?

Mr. Romney, listen up. Entitlement is not a four-letter word. American democracy is rooted in entitlement. We do not just owe people a secure retirement and good health. They are entitled to it.
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The Federal Budget and Kingdom Economics

The financial crisis of 2008 created havoc with economies around the world threatening virtually every government and economic system with potential collapse. No country lives in a vacuum anymore, not even the once forbidden kingdom of China, and so this crisis created challenges for every nation. It also created opportunity—the opportunity to reexamine our priorities. In the United States that opportunity presents itself in the form of three documents.

Of the thousands of documents that make up the body of American life, including speeches by great presidents, senators and congressmen, these three stand out. One reason is that these are the people’s documents. They define us collectively, and, not unlike the human eyes, they allow us to peer into the soul—in this case the soul of a nation.

The first document is unchangeable. It is the Declaration of Independence. Singular among our founding documents, it grounds the philosophical principles from which a new nation would be born. The passion and commitment to these principles give rise to the second great document.

The Constitution of the United States establishes the supreme law of the land. Because its authors could not anticipate every vicissitude of American life, the Constitution is constantly being interpreted. In extraordinary situations, to address unforeseen concerns and rights, it also can be amended. In the end, it serves to guarantee that the principles of the Declaration are extended to all.

At first, it may seem absurd to link the third document, the Federal Budget, to the Declaration of Independence and the Constitution. To begin with, the budget is in constant flux--at minimum from year to year. Even within a single year, it is frequently adjusted as politicians and special interests wrangle over its appropriations. And since most Americans have no real input on expenditures, it hardly seems like one of the people’s documents.

However, the budget is the practical application of the principles of the other two documents. It determines the priorities that allow (or do not allow) those principles to be lived out and secured in daily life. There is a reason that we use the term “shut down” to refer to an unfunded government. Without the budget, there is no government. Without a government, the Declaration of Independence and the Constitution are, at best, the dreams of philosophical genius. Precisely for this reason, the Federal Budget, more than any other piece of legislation defines the true soul of the country.

The process of crafting a budget does not just allow us to look into the soul of a people. It also allows to identify and to question the foundations on which priorities are determined. It may be that the world of economics, from the principles of the market economy to the funding of the government is the primary point where the Good News of Jesus Christ intersects modern life. It is certainly the most practical point. Unfortunately, that intersection does not merge into a common path. These days, at least, it leads in the exact opposite direction.

If we take the Gospel seriously, we find ourselves called to build the Kingdom of God here on earth. This Kingdom is not territorial. It is defined by neither a particular political system nor an economic structure. It is a community of shared responsibility and also shared resources. This Kingdom does not benefit one people or group of people over another.

In my last blog I suggested that the current vision of the American dream is incompatible with the Gospel. Human beings will always struggle with tendencies to be self-centered. Yet when major decisions are driven by personal gain, the Gospel call to build the Kingdom goes unheard, and subsequently unfulfilled.

For those who reject any notion of social justice in the Gospel, there is, unfortunately, no possibility of discussion. However, much benefit accrues to those who actually hear the Good News and are willing to examine it. In the parable about vigilant and faithful servants, Jesus speaks about the responsibilities of the servants. Peter asks if the parable is also meant for them. Jesus concludes with the startling statement “Much will be required of the person entrusted with much, and still more will be demanded of the person entrusted with more.”

One might expect that the budget is a document of shared resources benefitting all the people. In fact, much of the budget discussion in Washington is misguided in the extreme. It centers on balancing the budget by cutting resources to the poor. Worse still, is that some in Congress, like Paul Ryan, the House Budget Committee chairman, couples those cuts with outlandish benefits to the rich.

The despicability of attempting to balance the budget on the backs of the poor should be obvious. I would like to suggest that Ryan and company display a total moral vacuum, and demonstrate a complete lack of respect for the American people by suggesting that this is the way for everyone to share in reducing the deficit. What Ryan’s proposals do is take the United States of America, still the richest country in the world, and swell the ranks of America’s poor while expanding the wealth of the super rich. In the process the middle class simply evaporates.

The Paul Ryan types have probably never listened to the teaching of Jesus nor understood Gospel values. Still, it is not just the Gospel call to build the kingdom that is at odds with many of today’s budget proposals. History, also, is being ignored. While people have always balked at paying excessive taxes, most did not object to paying their fair share. The rallying cry of the American revolution was not “No taxation”. It was “No taxation without representation”—a significant difference. The idea that taxes are evil in and of themselves, and that the larger populace is not responsible for the poor must have arisen from the corrupted American dream that centers only on the individual and the self. Sadly, that is the dream adopted by many a Tea Party activist.

If the Federal Budget is to remain in place alongside the Declaration of Independence and the Constitution, it must again become the people’s document. For that to happen, the people must rediscover the communal values that made America such a great nation, and then elect representatives who possess those same values.

The budget reflects the soul of the nation. What soul will we project?
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