The New Religious Right to Discriminate

There is an old axiom that history repeats itself. Some may dispute this claim, but it is hard to argue with what a person can witness happening right in front of them. One just has to pay attention and know history to know what the outcome of certain things will be.

After the Reconstruction period ended following the Civil War, southern states (the old Confederacy) began enacting Jim Crow laws. These laws mandated that all public facilities be segregated. They were also used in an attempt to keep African-Americans from voting and even to keep interracial marriage illegal.

School segregation was eventually struck down by the Supreme Court in Brown v. Board of Education (1954). The rest of the Jim Crow laws were overruled by the Civil Rights Act of 1964 and the Voting Rights Act of 1965. However, bans on interracial marriage were not fully struck down until Loving v. Virginia (1967), when the Supreme Court ruled that they violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

The same arguments that were used against interracial marriage are now being used against same-sex marriage, i.e. it’s against someone’s religious beliefs, it’s a sin in the Bible, etc.

Now, I’m not here to attack anyone’s religious beliefs as even I have my own. But we must remember that we are a secular country and that the U.S. Constitution is the law of our nation and not the Bible. No local, state, or federal law can violate the document, the individual rights that are enshrined within it, or its subsequent amendments.

This includes the Fourteenth Amendment.

Our Founding Fathers were mostly Christians, but we are not a Christian nation. That particular point was emphasized in the Treaty of Tripoli (1796), which states that the U.S. “is not, in any sense, founded on the Christian religion.”

Our Founding Fathers were mostly Christians, but we are not a Christian nation. We were set up to be a secular nation. We have the right to peacefully worship and practice whatever religion we choose to without government interference, but that right does not extend beyond one’s self. We do not have the right to force others to believe the same way we do.

Britain still has an official religion (the Church of England) and France was under the Catholic Church at the time of our independence. Both religion and government intermingled in these and many other European countries. Our Founding Fathers designed our government to discourage this relationship.

Today, we see the ongoing fight between religion and our secular government on the issue of same-sex marriage. In the past two years, bans on same-sex marriage have been struck down from coast to coast in federal court on the same grounds as the Loving decision.

Now, the Supreme Court has taken up the case once again and this time could make an official ruling for the entire country.

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However, though same-sex marriage could soon be legal nationwide, some are finding new ways to treat the LGBT community like second-class citizens.

Instead of being called something like Jim Crow laws, these laws are referred to as “religious freedom laws.” In much the same way that the old Jim Crow laws allowed businesses to legally refuse service to African-Americans, these new laws allow any business or institution the right to refuse service to anyone based on the operator’s religious beliefs.

The purpose of these laws is to “protect” people who work in the service industry from having to provide their services for same-sex weddings if it goes against their religious beliefs.

In February 2014, Republican Governor Jan Brewer of Arizona vetoed SB 1062, which critics argued would have legalized discrimination against the LGBT community. Brewer was pressured to reject the law by several business leaders who believed it would hurt the state’s economy.

More states are now taking up this exact same issue and some are poised to put these policies into law. Indiana Governor Mike Pence, for example, signed the “Religious Freedom Restoration Act” on Thursday after it cleared both chambers of the state Legislature.

Some of these laws are written so vaguely that they could extend well beyond just same-sex marriage. The “religious freedom laws” will eventually end up in the courts and will be subsequently overturned via the Fourteenth Amendment.

If someone is a Christian, can he or she refuse service to someone in the Jewish community based solely on a difference of religion? No.

The Bible states that women are inferior to men and that women should obey men. So do Christians have the right to refuse service to a woman if she is not accompanied by a man or has a different opinion than a man? No.

Why? Because in a secular society, though a person may have the right to practice his or her religion freely, they do not have the right to force those beliefs on others. Everyone is supposed to be treated equally under the law.

Again, people have the right to their religious views. No one can force an individual to accept same-sex marriage if it goes against their religious views.

However, that right still does not extend to discriminatory actions against the LGBT community. If a person runs a business that provides a service to weddings and doesn’t want to provide that service to a same-sex wedding, there are a couple of options:

  1. They can find a new job that will take them out of that situation; or
  2. They can grow up and act like a rational adult and do the job they are paid to do.

There are times when we blur the line between religious freedom and secular government. It is imperative that we remember why this line was put in place by our Founding Fathers, and why we’ve amended the Constitution to specify that all citizens are free and equal under the law.

Using religion to discriminate is still discrimination and is still wrong. And as history has proven before, it is also unconstitutional.

Of High Crimes and Misdemeanors: An Act of Treason?

There’s nothing like a slight treasonous scandal to pull a political writer out of a little sabbatical. When hearing of this, I didn’t think it was something that I could sit on the sidelines for. So here I am immersing myself in a political debate that should have bigger ramifications than it probably will.

Treason is defined in the dictionary as:

1. the offense of acting to overthrow one’s government or to harm or kill its sovereign.
2. a violation of allegiance to one’s sovereign or to one’s state.
3. the betrayal of a trust or confidence; breach of faith; treachery.

It is the only crime that is specifically mentioned in the US Constitution. (Article 3, Section 3)

“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

Keep your mind on what you just read as there is a possibility that you will be contemplating them as we go through this whole ordeal.

The United States has been negotiating for a nuclear agreement with Iran since 2006 along with 5 other countries which is known as the P5+1 group. The five countries are the US, Great Britain, France, Russia, and China, and the +1 being Germany. The goal is to keep Iran from having nuclear missiles. In 2013, and interim agreement was reached with a comprehensive agreement due later this month.

With the deadline approaching some Senators have expressed concern over what a final comprehensive deal might look like and have a desire for the final deal to be debated on voted on in the Senate as a treaty would be under Article 2, Section 2, Clause 2 of the US Constitution. However, freshman Senator Tom Cotton (R-Ark) has gone even a step further by submitting a letter with 46 other signatures of Republican Senators to the leader of Iran expressing that any nuclear treaty with the country would not be upheld once President Obama leaves office.

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Now let me bring in the Logan Act which was passed by Congress in 1799. It prohibits unauthorized citizens from negotiating with foreign governments. Violation of this act is a felony.

“Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.”

Under Article 2, Section 2, Clause 2 of the US Constitution, “[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur…” The President has the power to appoint ambassadors and to conduct negotiations with foreign governments. The Senate does not come in to the equation until the vote for approval is needed. By this, Senator Cotton does not have the authority to approach Iran on any subject that is concurrent with the ongoing negotiations. To have done so is a violation of the Logan Act.

According to a recent article on Politico, this is not the first time that one party has accused the other of violating the Logan Act. Republicans screamed it in 1987 after Congress cut off aid to Nicaragua’s Contra rebels. Democrats ran (and ultimately won both chambers of Congress) in 2006 on forcing then-President George W. Bush to come up with a timetable for the wars in Iraq and Afghanistan.  Speaker Pelosi would also go against the wishes of the White House in 2007 and travel to Damascus to meet with Syrian leader Bashar al-Assad.

So where does all of this then fall in? If it has been done before then should we just brush it aside again? In this case, I would suggest no. It does violate international law. It does undermine the full faith and credit of the US, which is already shaky in the world as it is especially in regards to Iran where neither side completely trusts the other. Senator Cotton had no authority to write and send that letter which was in an effort to derail negotiations with a foreign government before a final deal is reached. It was out of his jurisdiction as a US Senator.

Remember those definitions of treason at the beginning? If this isn’t it then it comes dangerously close to that line. The overall goal of the letter was to do harm and to instill a sense of a betrayal of trust and confidence against our country.

Analysis of Immigration Executive Order

Illegal immigration has once again been thrust into the spotlight by President Obama’s speech to the nation about his Executive Order on the subject. It had mostly taken a backseat during the election as neither side really wanted to talk about any issue facing the nation.

This post is not to say whether the Executive Order is good or bad… or even legal.  The pundits are already out spinning the story as are Republican lawmakers in Congress. So let’s look at what is being done by this executive order.

  • Increased border security which has been increased throughout the Obama presidency
  • Increases the number of work visas for skilled workers so that more may apply and come to work here
  • It allows certain illegal immigrants a temporary reprieve from being deported but only specific categories

 

Temporary Reprieve, Not Amnesty

I will start with the last point since it will be the one with the most criticism.  The Executive Order is not amnesty. It does not grant citizenship or even permanent residency.  It is a temporary reprieve from being deported and gives the people an attempt to get their immigration status corrected.  It only applies to a specific group of people.

  • A child born in the US to an illegal immigrant
  • The illegal mother and/or father of that child that is born in the US
  • DREAMers — children born outside the US but brought to the country illegally by their parents

All of them must be in good standing with the law.  No criminal records or ties to terrorism.  None will have access to social welfare or any other form of government assistance.

 

Border Security

And speaking of links to terrorism, let’s dispel another Republican talking point.  According to the Department of Homeland Security, in an article for POLITICO, there have been no terrorists captured coming across the Mexican border.  However, two were captured trying to cross the Canadian border into the US.

Our focus tends to always be the Mexican border when this issue also applies to the country that we share the largest border with… Canada.  This also concerns with people from Asia that stowaway on cargo ships, and even those that come up from Caribbean islands though Cubans have a special category all their own. (Wet-Foot, Dry-Foot)

But what about overall border security along the border?  President Obama claims that he has more border patrol agents on the ground than any previous administration. (Politifact)  There has been an increase in border patrol agents throughout his administration, but it’s a result of a 2007 bill passed by a Democratic-controlled Congress during the Bush administration.  (Washington Post)  The President can take full credit though for having deported more illegal immigrants than any previous administration. (Pew Research)

 

Skilled Workers

According to the State Department, every fiscal year the US government issues a total of 140,000 work visas (before Obama’s executive order).  This number is usually maxed out fairly quickly each year.  Companies like Microsoft, Google, Apple, etc. have been trying to get the number raised for years as they have job openings here in the US that cannot be filled by enough American workers as there are just not enough in the computer sciences.  These companies have also threatened to take the jobs elsewhere if they cannot be filled here thus further depleting a tax base.  These are people wanting to come to the US legally to work and pay taxes.

 

Senate Democrats passed a comprehensive immigration bill during the last session.  House Republicans passed their own version of immigration reform bills.  Neither chamber took up the legislation of the other and there was no conference committee to resolve the differences.  The issue is now in play.  Maybe the new Congress can actually pass immigration reform and send it to the President.  Any new legislation would override the Executive Order.

Executive Orders aren’t defined in the Constitution though the Supreme Court has ruled that they are legal so long as they are used to enforce the laws passed by Congress.  I would encourage the administration to inform us which laws they are enforcing with this Executive Order on immigration.  As for the rest of the partisan rhetoric, I think we’ve dealt with it.

The Fight for the Senate: Who Will Win Control?

The main talk of the 2014 election has been which political party will control the Senate after the votes have been counted.  Democrats have been on defense throughout most of the country as President Obama’s approval rating has been low. So with just a little more than a week to go, where do I think the numbers will fall?

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Colored: Safe Seats; Gray: Toss-Ups

In this election cycle, Democrats have 38 seats that are safe or not up for reelection while Republicans have 42. So that is where my numbers start.

Democrats are projected to win the elections in Illinois (Durbin), Michigan, Minnesota (Franken), New Jersey (Booker), New Mexico (Udall), Oregon (Merkley), and Virginia (Warner).  Republicans are safe in the elections in Mississippi (Cochrane), South Dakota, and West Virginia.  This brings the total to 45-45 with 10 states that will determine the balance of the Senate.

In their latest forecast as of the time of writing this column, Nate Silver and those at fivethirtyeight.com give the Republicans a 62.1% chance of retaking the Senate.  The race is on for either side to grab 6 of the 10 toss-up seats.  It is going to be close, and it might just hinge on one thing we would not have predicted even 6-months ago.

It seems likely that Republicans will win seats currently held by Democrats in Alaska, Arkansas, Iowa, and Louisiana.  Though in Louisiana, Democratic Senator Mary Landrieu will win on November 4, she will not cross the 50% threshold sending the top 2 into a run-off in December in which she will fall.  Republicans will also hold onto their seat in Kentucky.  This gives the GOP a total of 50 seats.

So what about the Democrats?  I believe they will hold onto their seats in New Hampshire and North Carolina.  I’ve watched over the polls of Colorado, and they have given me a headache just as they did during the 2012 election.  I will go out on a limb that Colorado will stay in the Democratic column but just barely.  There is still a state that was a surprise for this grouping.  Even a month ago, I had not included it here but my gut tells me to do so now.  Georgia.  Again, I believe this will be extremely close, but that the Democrat will come out on top.  Total for the Democrats… 49.

This leaves one seat remaining.  Republicans need it for control; Democrats need it for a tie with Vice-President Biden (Democrat) being the tie-breaker.  I hinted at this earlier, and it is Kansas.  As the election year started, Republicans saw Sen. Pat Roberts as a safe seat.  He had a tea-party challenge in the primary which he defeated.  He was being challenged by the Democrats and an Independent candidate Greg Orman.  Then the Democrat, basically seeing the writing on the wall, dropped out leaving only Orman to challenge Sen. Roberts.  The race has tightened up, but I’m predicting that Orman will pull off the upset and join Independents Bernie Sanders (VT) and Angus King (ME) in the Senate.  So it will come down to where he caucuses: with the Republicans to give them majority, or with the Democrats to give them a tie (and thus majority off the tie-breaker).

My 2014 Prediction

My 2014 Prediction

This is how close it is going to be.  The Senate will be 50-50 or 51-49 Republican.  The Senate may need to learn how to compromise and function a little bit better with the chamber so evenly divided.  Despite all the polls and predictions, it will all still be determined by who shows up to vote.  So make sure to vote on November 4.

** This column is my sole opinion based off examining various polls.
** Special thanks to RealClearPolitics for allowing me to create my own map.

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