About Hardliner4freedom


Gender:
male
Member Since:
July 14, 2006
Last Signed In:
March 15, 2008
Profile Views:
26807
Blog Views:
13713
View Profile
Send a Message
Send To A Friend
Sign Guestbook
Add as a Friend

Previous Posts
Gay Marriage Based On Religious Freedom Must Be Consistent
A "Christian Nation" -- Impossible Even By Religious Right's Criteria
The Only Gay Marriage Argument You'll Ever Need
My Thoughts on the In God We Trust Scare
A Spooky (And True) Story of Precognition
World's 3rd Richest Man Says Taxes on the Rich Are Too Low
New Right's War on the Constitution: The Under-Reported Truth
Religious Right Group's Belief in Religious Freedom Does Not Extend to Others
Take The Time To Fight Phishing
Creationist Betrays True Motives (Again)
Archives
July 06
August 06
September 06
October 06
November 06
December 06
January 07
February 07
March 07
April 07
May 07
June 07
July 07
August 07
September 07
October 07
November 07
December 07
January 08
February 08
March 08
April 08
May 08
June 08
July 08
August 08
September 08
October 08
November 08
December 08
January 09
Onward Bound

News, views, and professional iconoclasm from the green side of libertarianism.

About the graphic:  Created by Yours Truly using Ray Dream Studio.

-

Take The Time To Fight Phishing

 

Subscribe!
RSS 2.0 feed RSS 2.0
Add to My Yahoo
Add to My Google
Add to Bloglines
Add to My AOL

Share!


Hardliner4freedom - > Starship Sigma +5 -> New Right's War on the Constitution: The Under-Reported Truth
New Right's War on the Constitution: The Under-Reported Truth

The following is a reworked, lengthened, and more comprehensive stand-alone version of an article that I posted last year.  Traditional, old-style Republicans need to read this and see how vastly the party had changed and how classical conservative principles have been completely abandoned.

The most dangerous element of the far-right drive to tear down America's protective wall of separation between church and state is the relentless drive to neuter the Constitution of the United States -- and by so doing, deprive Americans of the basic human and Constitutional rights that most of us have grown up to take for granted.

The agenda is simple to understand:

  • The theocratic Religious Right political movement that now dominates the Republican Party seeks to use the powers of the State to micromanage many of the most intimate areas of our personal lives
  • The Constitution, especially the Bill of Rights, guarantees Americans that their basic rights and liberties shall not be violated, ignored, or taken away by the government
  • Because the Constitution guarantees a wide range of individual rights, the Constitution has acted as a formidable and frustrating obstacle to the Religious Right's insistence on tightly regulating our personal decisions
  • Therefore, in order to deprive Americans of their fundamental liberties of conscience and demand obedience to their version of religious law, they must render the Constitution toothless and unable to protect the rights of Americans.

 

Shamefully -- indeed negligently -- the major news media have given almost zero attention to this anti-Constitutional agenda.  What little has been reported has mainly mentioned the fact that Democrats were filibustering or otherwise opposing some of President Bush's nominees for the federal judiciary -- and nearly all of this reporting has portrayed Senate Democrats in a negative light.  Precious little attention has been given to exploring why Senate Democrats have sometimes resorted to that drastic tactic.

While the political Left has expended vast energy and blog space reporting the scandal surrounding the unconventional firings of federal prosecutors by Attorney General Alberto Gonzales, they have all but completely overlooked the fact that Gonzales' alleged politicization of the Justice Department is in fact just one small symptom of the extreme Right's larger agenda of poisoning the judiciary -- a key component of their war on the Constitution.

The extreme Right is waging this war on the Constitution on many fronts at once.  The first front of this war has received almost zero publicity from the (nonexistent) "liberal media."  Only the political fire fights that it has created have been reported: the media's constant depiction of Senate Democrats as "obstructionists" to Bush's nominees to the federal courts.

The Bush Administration, and that one third of Republicans who sent him to Washington to destroy our Constitutional freedoms, want to see him appoint judges like Antonin Scalia and Robert Bork to the federal courts.  They want Bush to use these men as role models because their contempt for our Constitutional rights is total:  Depending on the context and on the person, the views they want sent to the federal bench range from recognizing very, very few Constitutional rights, to recognizing no Constitutional rights at all.

Making a lie of his oath of office -- to protect and defend the Constitution -- Bush has done his valiant best to fulfill quite an opposite mission, appointing corrupt, Constitutionally blind judges who will look the other way when the most basic of human rights are being stomped on.  And when Senate Democrats succeeded in blocking his most dangerous nominees, he has tried every trick in the book to appoint them anyway, whether through recess appointments or by just renominating and renominating the same candidates.  This is deliberate.

Antonin Scalia has written, in the legally significant body of Supreme Court rulings, that:

  • The federal courts should have no power at all to overturn unconstitutional laws (Chicago v. Morales, 1999)
  • The First Amendment does not apply if a lawmaking body feels that something is "immoral" (Erie v. Pap's A.M., 2000)
  • The Constitution does not apply if a community deems something immoral (Lawrence v. Texas, 2003)
  • Violating Constitutional rights is perfectly acceptable if it has been traditionally done in the past (i.e. "we have always done it this way")  (Lawrence, and others)
  • Literally nullified any meaningful protection in the "free exercise of religion" clause in the First Amendment (Oregon Employment Division v. Smith, 1990) -- a ruling that led to passage of the 1993 Religious Freedom Restoration Act -- which was itself struck down mainly by the right wing of the Supreme Court.

 

Robert Bork and/or others in the far right judicial mold, have opined that:

  • State governments should be free to ignore the Bill of Rights
  • Local majorities should enjoy virtually unlimited lawmaking power, regardless of one's human rights
  • The definition of "freedom" itself is not freedom to choose your life and pursue happiness, but the "freedom" of elected governments to exert power over others.

 

The Center for Arizona Policy, a Religious Right group affiliated with Focus on the Family, has said as much:

"When Congress makes laws we do not like, we can remove the
objectionable members at the next election; we cannot do so to
renegade Supreme Court Justices who legislate from the bench. A
conservative judge does not impose his will over the will of a
popularly elected official..."

"Conservatives, however, do not value liberty which permits
licentiousness, but rather an ordered liberty which permits freedom
in the context of community values. Conservative judges respect
these values founded on tradition and history, and will respect them
when challenged by claims of individual rights."

The first excerpt is saying that judges should never overturn laws enacted by a legislature, whether it violates your Constitutional rights or not.  The second excerpt is saying that "community values" take priority over your Constitutional rights,  If your "community values" conflict with your Constitutional rights, the community values win -- and the Constitution loses.

Former Congressman and House Majority Leader Tom DeLay (R-TX), in an interview reported in the Washington Times (article no longer available online), has flatly said the following:

"Not zealous. I blame Congress over the last 50 to 100 years
for not standing up and taking its responsibility given to it by the
Constitution. The reason the judiciary has been able to impose a
separation of church and state that's nowhere in the Constitution is
that Congress didn't stop them. The reason we had judicial review is
because Congress didn't stop them. The reason we had a right to
privacy is because Congress didn't stop them. "

"Judicial review" refers to the role of the federal courts in overturning unconstitutional laws.  Tom DeLay is joining many others on the extreme Right in saying that the federal courts should have no power to enforce the Constitution and protect your individual rights.

There you have it, in their own words.

The second front in this war on the Constitution is to cripple the courts' authority to protect our Constitutional rights.

Far right groups have directly advocated stripping the federal courts of their power to uphold the Bill of Rights against state and local governments.  The Conservative Caucus, whose views are well represented among Bush's advisors and in the GOP leadership, asks in a candidate questionnaire:

"20. As a member of Congress, would you vote to terminate the jurisdiction of the Federal judiciary with respect to appeals relating to alleged violations of the Bill of Rights by state and local government?"

You can't get any plainer than that.

Toward this end, the far right wing in Congress has worked diligently.  In the infuriatingly falsely titled "Constitution Restoration Act," the right wing of Congress attempted to strip the courts of any power to hear cases that would impinge upon the "Federal, State, or local government, or against an officer or agent of Federal, State, or local government (whether or not acting in official or personal capacity), concerning that entity's, officer's, or agent's acknowledgment of God as the sovereign source of law, liberty, or government."

You can't get any plainer than that.  They tried to strip the courts of their power to prevent an illegal theocracy in the United States.  This is a direct attempt to remove our access to the redress of grievances, a right guaranteed by the First Amendment.

And on September 19, 2006, the House of Representatives passed H.R. 2679 which, according to the Washington Post, provides that "attorneys who successfully challenge government actions as violating the Establishment Clause of the First Amendment shall not be entitled to recover attorneys fees. The bill has only one purpose: to prevent suits challenging unconstitutional government actions advancing religion."

This war on our Constitution is no accident.  Our "Republican" leaders, including our President, who have sworn to uphold our Constitution, are instead mounting a sustained, unrelenting campaign to destroy that same document.  By anyone's definition, this is treason -- not just by the current administration, but by the bigger part of an entire political party's leadership.

This is how total, comprehensive, and overarching is their campaign to destroy the Constitution and the rights it affords.

.

 

Posted in these Groups:
Topics:
posted by Hardliner4freedom on Saturday, June 23, 2007 at 08:03 AM
Report a Violation
Viewed 93 times
19 comments from 11 users

1

posted by Hardliner4freedom on Jun 23, 2007 at 08:05 AM

While Democrats talk about little else than the Iraq War and torture, the possible total elimination of our Constitutional protections takes place right under their noses.

 

posted by TomW on Jun 23, 2007 at 08:17 AM
H4F, you are so right with this.  It's too bad this can't make news, but in order for it to do so, some Congressperson would have to make a stink and then it would just be another "he said, she said" story.
posted by dusty1215 on Jun 23, 2007 at 08:47 AM
Isn't this one of the reasons what we have now are called neo-cons?
posted by Hardliner4freedom on Jun 23, 2007 at 08:54 AM

Well, they certainly merged -- when you read PNAC's Statement of Principles, look at how many theocrats there are.

As for Tom's comment, the media had their chance when Senate filibusters were a common occurrence -- yet none of the media told the whole truth as above.

If I can document it convincingly from my armchair -- using their own words -- surely the media can, too.

posted by TomW on Jun 23, 2007 at 09:03 AM
Ah, but H4F, now you've missed the point of the media.  They used to be about documenting, now they just report on events.  In order to make the news, there has to be an event, and the event needs to have a visual. 
posted by adampayne on Jun 23, 2007 at 09:07 AM
Truly, a fine and important post! My hope is that you get 150,000 views from the community for this effort. Thanks for being so articulate. You might want to submit this piece to the Community Voices section of the Californian.
posted by Hardliner4freedom on Jun 23, 2007 at 09:09 AM

Thanks, but Community Voices is limited to 500 words.

 

posted by mattloch on Jun 23, 2007 at 09:23 AM
I'm not sure which Bush would want more of: Scalias that put out the most radical and constitutionally incorrect opinions, or Thomases that are even further afield but never say anything.

Just once I'd like for the Democratic candidate next year to call one (or both) of them "activist" in one of the debates, just to watch the Republican candidate try to explain that away.....

I'd also like to see how Cheney would defend his "I'm not part of the Executive Branch, and nobody has oversight over me" as a "strict constructionist" argument. Even the WH press sec. is having problems defending his actions.
posted by Hardliner4freedom on Jun 23, 2007 at 09:45 AM

It's amazing how they can lie and the media fall flat for it.  There's nothing strict constructionist about them.

There's no modifying clause to "equal protection under the law" that reads "unless you never had it in the first place" -- yet Scalia consistently adds it in his rulings.

There's no modifying clause to "freedom of speech, or of the press" that reads "unless your government deems it immoral" -- yet Scalia routinely supplies that one, too.

There are no modifying clauses to the rest of the Bill of Rights that reads "except through majority popular vote" -- yet far-right judges say this all the time.

There is no clause in Article 3 that says "except acts of Congress or state or local legislatures" -- yet far-right judges such as Scalia claim this is the case.

 

posted by anonymous on Jun 23, 2007 at 02:09 PM
One way to turn a neo-con into a strict constitutionalist - tell him: "Think about all the added powers that have been given to the President since 2000.  Now skip ahead two years and think of Hilary exercising those powers."  Guaranteed to make him or her flinch.
posted by Charlie on Jun 23, 2007 at 06:21 PM
Is the second amendment still part of the constitution or has the far LW managed to completely destroy it ? When it comes to destroying the constitution  both sides have done their fair share.
posted by randomfactor on Jun 23, 2007 at 06:55 PM

It's still there, Charlie.  Honestly, after six years of Shrub I'm appreciating it more and more.  In fact, I cracked up the other day on encountering the phrase "I'm a gun-carrying member of the ACLU."

 

posted by Hardliner4freedom on Jun 23, 2007 at 10:10 PM
As I wrote in my article, the most immediate danger to the Second Amendment isn't the left wing.
posted by possummomma on Jun 24, 2007 at 12:49 AM

Nice post!! :)

posted by anonymous on Jun 24, 2007 at 11:01 AM

H4F,

That the left is the biggest threat to the second amendment is a hasty generalization. The implication is that everyone on the left is trying to attack it. I consider myself on the "left" but support the second amendment. I like RF's comment and for me it is true; I am a gun carrying memeber of the ACLU."

posted by Hardliner4freedom on Jun 24, 2007 at 11:36 AM

You are correct.

posted by Shsrebel10 on Jun 24, 2007 at 04:12 PM

There aren't to many people on the far left wing that have much power in this country, unless you go to San Francisco.  The Democrats, like the Republicans, have had to move closer to the center in recent years, which I think will prevent any radicals from the People's Republic of San Francisco from doing any harm to the second amendment.  At the same time, the Fascist Confederate States of America (the South) won't be able to rip the other 20 amendments of the constitution apart either.

posted by TomW on Jun 24, 2007 at 04:20 PM
There aren't many people who are part of the far left wing in this country in power in San Francisco either.  Remember that Gavin Newsome and Nancy Pelosi ran as the conservative candidates there and both are challenged from the left in every election.

The people on the *far* left have no voice in this country compared to those on the right.
posted by mattloch on Jun 25, 2007 at 10:13 AM
If the worst thing you can say about the "radical San Fransiscians" is that they want to infringe on your 2nd Amendment "rights", and the best thing is that they fight for twenty other Constitutional rights, it sounds like you should be rooting for them, Shsrebel10. Hell, that shouldn't even be a question. It's the people that see them as "equal evils", and have a hard time deciding which is the lesser that scare me.....

As much as a "gun carrying member of the ACLU" sounds good, I don't think it's arrived at that point yet. Now if the Dems lost last November, I'd be right there. If they lose next year, I may still go there. But I see enough of a shift back to the "left" that we may have avoided that particular sticky wicket for the time being.
1

  (You need to be signed in to leave a comment)

BAKERSFIELD.COM HOT TOPICS:

Advertisement