“Showdown Between God And Government”: Roy Moore And The Divine Right Of Nullifiers
With Roy Moore in the national headlines again–this time for defying and urging state courts in Alabama to defy a federal court order–reinforced by the U.S. Supreme Court–to begin licensing same-sex marriages–it’s a good time to consult Sarah Posner, who has an important remembrance of a speech by the Ten Commandments Judge a few years ago. She helps explain why and how a lot of “constitutionalists” and “states rights advocates” like Moore have theocratic grounds for their supposedly law-based views.
That Friday night [in June 2011] in Severn [Maryland], Moore was speaking to a gathering of the Institute on the Constitution, a fringe educational group run by Maryland lawyer, former Constitution Party presidential candidate, and current member of the Anne Arundel County Council, Michael Peroutka. Back in 2010 and 2011, I made an irregular habit of attending the IOTC’s First Friday gatherings, at which there was typically an out-of-town celebrity speaker (Moore’s was particularly well-attended, with a few hundred people in the audience), covering topics near and dear to the IOTC’s unorthodox view of the Constitution. The Constitution, they claim, is a divine document designed only to protect the rights conferred by God, not to create “new” rights by way of jurisprudence. For all you law school graduates shaking your head as you read this, Peroutka, Moore, and their followers claim that the law schools are teaching it all wrong—that’s why they’ve created their own law schools….
In presenting Moore with a “Spirit of Daniel” award for courage, Peroutka gleefully noted that he was doing so on Jefferson Davis’s birthday. (The award was given because Moore “resisted a government that thought it was God.”)
That showdown between God and government is at the heart of Moore’s claims that he is on the side of righteousness and the federal courts on the side of an anti-God, unconstitutional “tyranny.” Moore believes there is a separation of church and state—but he believes it’s one that distinguishes America from royal monarchies. In other words, the government is separated from the church in that the government is barred from running the church, and it can’t tell the church what to do. Public schools, in his view, are “controlled by government,” and impose secularism; he favors tax credits for homeschooling because that’s “the right of the parent….”
Moore, who graduated from West Point and served in Vietnam, is fond of reiterating that he has sworn to uphold Constitution against enemies, both foreign and domestic. He readily agreed that America has been overtaken by enemies within. “Our government is infiltrated with communists, we’ve got Muslims coming in and taking over where we should be having the say about our principles.” And more: “I’m not so sure some in government don’t want to destroy our country.”
Sarah has more, but you get the drift. The scary thing is that Moore is not some isolated radio crank or even a state legislator, but the elected chief judicial officer of an entire state. He’s a useful study because he’s a little less crafty than most “constitutional conservatives” in speaking in code when he talks about the connection between religion and the law. For him, the divine law fundamentalists derive from the Hebrew scriptures was incorporated into the U.S. Constitution by the Founders and by definition cannot be legitimately modified by human hands, regardless of the instruments for doing just that made available in the Constitution itself. And so the presumed right of state nullfication of federal laws and court decisions is rooted not just in a pre-Civil War idea of federalism, but in an aggressively reactionary notion of religion and its implications for secular law.
While Moore’s bizarre and dangerous world view is plain for all who go to the trouble of looking for it to see, it has some pretty respectable fellow travelers. The Paul family’s close connection with the Constitution Party is a good example; indeed, in 2008, that party’s affiliate in Montana placed Ron Paul at the top of its ticket with Michael Peroutka as his running-mate (Paul protested this action, but apparently only to protect the status of national Constitution Party presidential candidate Chuck Baldwin, whom he ultimately endorsed over Republican John McCain and Libertarian Bob Barr).
So Roy Moore may be as crazy as he sounds, but he’s not as exotic a bird as you might think.
By: Ed Kilgore, Contributing Writer, Political Animal,The Washington Monthly, February 11, 2015
“The Republican Congress Is A Mess”: Boehner; Senate Democrats Need To ‘Get Off Their …’
GOP House leaders emerged from a Republican Conference meeting Wednesday with a persistent refrain on Department of Homeland Security funding: The House has done its job; it’s time for the Senate to act.
During their weekly Republican leadership press conference, Speaker John Boehner repeatedly called on the Senate to take up the House-passed DHS funding bill, which Senate Democrats have repeatedly blocked the chamber from considering.
“You know, in the gift shop out here, they’ve got these little booklets on how a bill becomes a law,” a fired-up Boehner said, as camera shutters clicked away. “The House has done its job! Why don’t you go ask the Senate Democrats when they’re going to get off their ass and do something?!”
When Boehner was asked if this standoff with the Senate was how he planned for the DHS bill to play out — Senate Republicans now insist it’s on House Republicans to send over a new bill — Boehner said the process was working “exactly” the way he envisioned it.
“The House did its job,” Boehner said. “We won the fight to fund the Department of Homeland Security, and to stop the president’s unconstitutional actions. Now it’s time for the Senate to do their work.”
But if they don’t, does Boehner ever intend on throwing the Senate a lifeline?
“The House has done its job,” Boehner said. “It’s time for the Senate to do theirs.”
Time and again, Republican members trickling out of the Wednesday morning conference meeting stubbornly repeated some variation of Boehner’s new favorite line: The House did its job, now it’s the Senate’s turn.
During conference Wednesday, members heard from two of their former House colleagues now in the Senate: Cory Gardner of Colorado and Shelley Moore Capito of West Virginia.
But instead of Gardner and Moore Capito quelling the House insistence that the Senate act, the two freshmen senators got an earful that they weren’t doing enough.
According to Rep. Ron DeSantis of Florida, one member in the conference meeting told the senators they shouldn’t be letting the Senate go home on the weekend.
DeSantis said there were ways Republicans could pressure Senate Democrats — simultaneously noting he’s “not an expert on kind of how the Senate’s run” — and he said the sense among the public was that Senate Republicans weren’t doing enough.
In a mocking tone, DeSantis said the Senate’s attitude was, “‘OK, have a vote, OK, you don’t have 60, OK, we got to move on to something else now.’”
House members simply aren’t satisfied with the Senate’s effort on the House-passed DHS bill, which would block President Barack Obama’s executive action on immigration. And House Republicans aren’t moving off their position that the Senate take up their bill. That insistence was typified Wednesday in one particularly iron-willed exchange between Budget Chairman Tom Price and a reporter.
“The speaker’s position, and our position, is that the House has already acted; it’s time for the Senate to act,” the Georgia Republican said Wednesday morning.
Asked if the more likely option then was for a continuing resolution or for a shutdown, Price said the option was for the Senate to act.
Presented with Senate Majority Leader Mitch McConnell’s comments Tuesday that it was “obviously” up to the House to send over a new bill, Price was emphatic. “The House has acted,” he said, content to leave it at that.
But Rebecca Shabad, a reporter for The Hill, was not content to leave it at that. She asked if Price thought the House might have to act again. “It’s up to the Senate to act,” Price replied.
Asked again if a CR was more likely, given the short amount of time before a DHS shutdown on Feb. 28, Price resorted to a similar line. “The House has acted. It’s up to the Senate to act,” he said.
And that’s the official position from House Republicans: They’re not budging.
A similarly obstinate back-and-forth is playing out between Boehner and McConnell in the press. Boehner continues to insist the DHS funding bill is up to the Senate, while McConnell points to three failed votes to proceed to the legislation.
When Boehner was asked about the constantly evolving McConnell-Boehner relationship Wednesday, he didn’t say much.
“I love Mitch,” Boehner said. “He has a tough job to do, and so do I.”
And that was that.
Adam Jentleson, spokesman for Senate Minority Leader Harry Reid (D-NV) later issued the following statement on Boehner’s comments:
“We know Speaker Boehner is frustrated but cursing is not going to resolve the squabbling among Republicans that led to this impasse. Democrats have been clear from day one about the way out of this mess: take up the clean Homeland Security funding bill which Republicans signed off on in December – and which is ready to come to the Senate floor – pass it, and move on. If Republicans want to debate immigration policy next, Democrats are happy to have that debate.
“Neither Speaker Boehner nor Senator McConnell appears willing to do the right thing and stand up to the extremists in their caucus like Senator Ted Cruz who have led us here. As we speak, Senator McConnell is on the verge of wasting three entire weeks that could have been used to pass a clean Homeland Security bill simply because he is unwilling to stand up to Senator Cruz.
“The Republican Congress is a mess, pure and simple. Democrats are happy to help our Republican colleagues resolve their problems but the first step is for Republican leaders to do the right thing and pass a clean bill to fund Homeland Security.”
By: Matt Fuller, The National Memo, February 11, 2015
“We Expect A Higher Standard From The Old Guard”: Brian Williams’ Lies Are Not Equal To Those Of Fox ‘News’
There’s this speech I give my students. Distilled, it goes like this.
“Your primary asset as a journalist is not your dogged curiosity, your talent for research or your ability to make prose sing on deadline. No, your one indispensable asset is your credibility. If you are not believable, nothing else matters.”
Which brings us, inevitably, to Brian Williams. The NBC Nightly News anchor saw his career crumple like used Kleenex last week after he repeated one time too many a story he has been telling for years: how a U.S. military helicopter on which he was a passenger was shot down over Iraq in 2003.
But the man who was flight engineer on that copter said on Facebook that Williams was never on it. Instead, he was on the one trailing it. Williams apologized for conflating the two, blaming the “fog” of memory.
The incident was remarkably similar to candidate Hillary Clinton’s false 2008 claim that she came under sniper fire as First Lady during a 1996 visit to Bosnia. As it turns out, an American dignitary was shot at in Bosnia — just not Clinton. Rather, it was then-Sen. Olympia Snowe, six months before.
Then, as now, one is tempted to ascribe the lapse to false memory, that phenomenon where you recall with clarity things that never happened. Then, as now, one is hampered by the sheer drama of the events in question. A person may honestly misremember eating at a certain restaurant or seeing a given movie. But you’d think you’d be pretty clear on whether or not somebody almost killed you.
So now, people are poring over old newscasts to determine whether this is an isolated incident. A statement by Williams of seeing bodies outside his hotel during Hurricane Katrina was initially mocked, but has been found on closer inspection to be more credible than first believed.
Fans of Fox “News,” at least to judge from my email queue, are having a ball with all this. I wrote a column a few weeks back blasting Fox for its habitual, ideology-driven inaccuracy. Attacking Fox is not for the faint of heart. Its viewers (like Rush Limbaugh’s listeners) tend to take it personally, responding with such a nasty, visceral outrage that a body might think you’d blasphemed their deity rather than criticized their news outlet. I savaged CNN in this space last year and while some folks took issue, no one called me a “bleephole” or invited me to “bleep” myself. With Fox fans, that’s the salutation.
So this latest news brings a flood of email crowing over Williams’ troubles and demanding I give him equal treatment.
As I wrote in the aforementioned column, serious people do not take Fox seriously. Indeed, consider the level of angst, the sense of expectations betrayed, that has attended Williams’ failure and ask yourself: Would there be a similar outpouring if someone at Fox had told this whopper?
Unlikely.
Fox is what Fox is, but its distortions and mendacities are generally only mistaken for gospel by a stratum of the electorate already predisposed to its bizarre worldview. The rest of us like to think we can expect a higher standard from the old guard of the news media, meaning the likes of CBS, NBC and The New York Times. And usually we can.
But every time that belief is betrayed — meaning not garden variety errors of fact, but catastrophic failures of journalistic integrity — the damage is exponentially greater precisely because the level of trust is exponentially higher. Such failures feed the disaffection and cynicism of a politically polarized nation where the universally accepted fact is an endangered species.
It’s a state of affairs that makes it hard to run a country. Or to be one.
So people asking that I give Brian Williams equal treatment are missing the point. If, indeed, he lied, then his sins are not equal to Fox’s.
They are worse.
By: Leonard Pitts, Jr., Columnist for The Miami Herald; The National Memo, February 11, 2015
“Who Are These People”: ‘I Don’t Like The Idea Of Throwing People Off Their Health Insurance’
When it comes to the insanity surrounding the King v. Burwell case, we already have a pretty good sense of most of the relevant angles. We know who supports the ridiculous case and why, what happens if Republican justices go along with this dangerous nonsense, how many families will suffer and where, etc.
We don’t, however, know much about the specific plaintiffs themselves.
Remember, when challenging a federal law, it’s not enough for someone to get a lawyer, go to court, and demand the law be struck down. In the American system, plaintiffs need standing – litigants have to demonstrate that a law harms them in some direct way.
And so, in the painfully absurd King v. Burwell case, anti-healthcare lawyers went out and found four people willing to sue because they’re eligible under the Affordable Care Act for insurance subsidies. They’ve been largely overlooked, but given the possibility that this case will end access to medical care for millions of families, it seems like a good time to ask, “Who are these people who want to destroy the American health care system?”
Stephanie Mencimer reports today on all four of the plaintiffs, and it’s quite a collection of folks. For example, David King of King v. Burwell notoriety, “brought up Benghazi” when asked about the anti-healthcare lawsuit. Rose Luck believes President Obama may be the “anti-Christ” and was elected by “his Muslim people.” But a Virginia woman Brenda Levy stood out as especially significant.
What was more surprising, though, was that she said she didn’t recall exactly how she had been selected as a plaintiff in the case to begin with. “I don’t know how I got on this case. I haven’t done a single thing legally. I’m gonna have to ask them how they found me,” she told me. She thought lawyers involved with the case may have contacted her at some point and she had decided to “help ‘em out.” […]
When I asked her if she realized that her lawsuit could potentially wipe out health coverage for millions, she looked befuddled. “I don’t want things to be more difficult for people,” she said. “I don’t like the idea of throwing people off their health insurance.”
Her case, whether Levy realizes it or not, exists to throw people off their health insurance.
She added that she intends to go to D.C. for the Supreme Court’s oral arguments “It’s an adventure,” Levy said. “Like going to Paris!”
Complicating matters further, three of the four plaintiffs are finding their standing suddenly facing new scrutiny. The Wall Street Journal reported late Friday that King “appears to qualify for veterans’ medical coverage, raising questions about his ability to challenge the law.”
The plaintiffs have persuaded courts to hear their case on the grounds that the subsidies allegedly harm them by subjecting them to the law’s requirement to carry insurance or pay a penalty. Without the subsidies, insurance would be too expensive for them, they contend, thus making them exempt from having to pay the fine for lacking insurance.
But Mr. King could avoid paying that fine or any insurance premiums because, according to him and his attorneys, he served in the Army in Vietnam. That qualifies him for medical coverage with no premiums through the Department of Veterans Affairs, benefits and legal experts say. In an interview at his home here, Mr. King said he had been to a VA medical center and had a VA identification card, which typically serves as proof of VA-care enrollment.
Legal experts say the fact that Mr. King could avoid paying the penalty for lacking insurance by enrolling in VA coverage undermines his legal right to bring the case, known as “standing.” The wife of a second plaintiff has described her husband on social media as being a Vietnam veteran. The government previously questioned the standing of a third plaintiff on the grounds that her income may exempt her from paying the penalty for lacking insurance, but a lower court didn’t address the issue.
Levy, the one who doesn’t want to throw people off their health insurance despite her role as a plaintiff in this case, will qualify for Medicare this June – which would remove her from the ACA coverage system anyway.
These fresh details reinforce the impression that the entire King v. Burwell case seems like a transparent scam, and as the WSJ added, the standing issues “could create skepticism about the strength of the challengers’ case and highlight the difficulty of finding plaintiffs to show the health law’s subsidies harm Americans.”
By: Steve Benen, The Maddow Blog, February 9, 2015
“The Country Paid Heavily For The Risks He Took”: It’s Not Too Soon To Judge George W. Bush’s Presidency On Key Issues
In the six years since he left the White House, President George W. Bush has often claimed that it is too early for historical judgments about his presidency. “It’s too soon to say how many of my decisions will turn out,” he wrote in Decision Points, his presidential memoir.
In this, Bush was indulging in what we will call the Truman Consolation. President Harry S. Truman was deeply unpopular during most of his time in the White House and in the years immediately afterward. Only decades later did historians begin to rate his presidency highly for the actions he took in the early years of the Cold War. At one time or another, when their poll ratings are slumping and their media coverage is biting, most modern American presidents like to believe they will eventually be vindicated, just as Truman was.
But Bush is largely wrong: In some of the most important areas of his presidency, it’s not too soon to draw conclusions. Just by judging against Bush’s own forecasts, some of the most far-reaching and important initiatives of his presidency didn’t work — or turned out poorly.
At the top of the list is the war in Iraq. Bush and his advisors badly misjudged what it would entail. They overestimated the international support the United States would be able to obtain for military action. They asserted before the war that American troops would need to stay in Iraq for no more than a couple of years. The administration’s public estimate before the war was that it would cost less than $100 billion; instead, it cost $2 trillion.
Intended originally as a short-term demonstration of American power and influence, the Iraq war over the longer term brought about the opposite. In its unhappy aftermath, Americans became increasingly cautious, more reluctant to become involved overseas. Overall, the war will go down as a strategic blunder of epic proportions, among the most serious in American history.
A similar fate will befall the second-most far-reaching aspect of Bush’s legacy, his historic tax cuts. Bush argued that they would stimulate the economy and spur economic growth. The short-term benefits proved dubious at best, but the harmful long-term consequences were incalculable, both for the federal government and, more importantly, for American society.
When Bush took office, America was in a brief period of budgetary surplus. There was actually a debate, forgotten and almost unimaginable today, about how to use the surplus: Pay down the debt? Launch new federal initiatives? Bush chose to cut taxes, and then did so in ways (tax cuts on dividends and capital gains) that proved immensely beneficial to the wealthiest Americans.
It’s true that President Barack Obama eventually allowed the Bush cuts on upper-income Americans to expire. But the damage had been done. Over the course of nearly a decade, the federal government became increasingly short of funds, while wealthy Americans built up greater and greater assets. Whenever you use a road, bridge or airport that needs repairs (or read a news story about the Pentagon complaining about budget constraints), you might pause to think about the Bush tax cuts and the role they played in shaping the America we see today.
Bush’s second round of tax cuts, in 2003, were historic in another sense. By then, he had already dispatched American troops to Iraq. In every previous military conflict since the Civil War, American presidents had raised taxes to help defray the costs. Bush bucked this historical trend: He lowered them.
It’s true that in a few other policy areas judgments of Bush’s presidency may improve over the years as events unfold and as more information comes to light.
The primary example could be counter-terrorism. The Senate’s recent report on enhanced interrogation techniques makes current judgments on that dark era even harsher than they would have been otherwise. Torture is torture, and no passage of time will change the moral judgments on that.
On the other hand, in the immediate aftermath of the Charlie Hebdo attacks in Paris, some Europeans began to ask why the attackers had not been kept under greater surveillance. If such terrorist attacks were to continue over many years, then judgments on the Bush-era surveillance programs might eventually come to be less harsh than they are today. Or they may come to be seen as the true beginning of a new surveillance state. More time needs to pass before historical judgments on this issue can take shape.
Overall, Bush’s presidency is likely to be remembered for his lack of caution and restraint. Once, in the midst of a discussion with his military advisors, Bush made a telling observation: “Someone has got to be risk-averse in this process, and it better be you, because I’m not.”
George W. Bush was certainly not risk-averse. He took gambles both in foreign policy and with the economy. Sometimes they paid off. Yet overall, the country paid heavily for the risks he took. History isn’t likely to revise that judgment.
By: James Mann, Los Angeles Times (TNS), a fellow in residence at the Johns Hopkins School of Advanced International Studies; The National Memo, February 10, 2015
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