SEPTEMBER (2001) SONG

Credit to ABC News, 9-11-2001

Prudence recently located these comments by a well-known small-business owner. They were written shortly after the U. S. began the war in Afghanistan, following 9-11-2001. Statistics are pertinent to those days, but the heartfelt admonitions are timeless. Americans, in particular, should reflect upon them.

I believe, and could argue, that the Constitution is the best possible distillation into secular law of Judeo-Christian ethics. Indeed its very simplicity shows that without a shared moral foundation, mere mortals could not long sustain a government with so few vested powers. It is self government, raising the individual to virtually sovereign heights and it requires both free will and self-restraint: self-governance most profound.

If one believes in God’s role in the evolution of mankind from beast to gentleman or innocent creation to energetic dissembler, one recognizes the great good humor of God in providing us free will. Thou mayest choose from evil. We believe, in the world’s richest larder, that our view of civilization is part of a prophecy or destiny; somehow we have taken over from God on this leg of the relay. Now that the baton of life is ours, we decide if the unborn shall win their freedom to simply be on earth, and we, alone, should decide whether God has particular relevance or is only a super-agency to whom we appeal when, in our judgment, our stumbling arrogance delays some gilded wants.

History flows, more or less, away from savagery toward civilization, if not civility. Most societies see truth as relatively good and lies as relatively bad; charity and sacrifice as relatively good, too, with selfishness and greediness sort of bad. The birth of children is almost universally good, while murder is almost universally bad. A many-branched river, either in a torrent or a trickle, moves toward a more civilized social order where those less able are cared for by others more able. It meanders from backwater to swamp as it seeks a path toward a better human condition, but always, we like to think in our fatted West, toward a free and rewarding system very much like our own.

Those who bridle Islam with terrorism, ride its billion-plus souls into acts more heinous than war, attempting, they claim, to rid the earth of whole peoples whom they judge to be impure. Only by removing us and our open, licentious indecency can they preserve their self-perceived more pious way of life. To some of these, at least, our movies, music and overt sexuality are a terrifying rain of bombs upon their children, women and paternalist hegemony. What do we suggest is their proper defense?

The “West” is their unholiest of infidels, preaching depravity with a global, inescapable power of electronic, and cheap, media that is a new force upon the Earth. To Muslims who can renounce terrorism, but who are consciously pious and committed to the Koran – “deeply religious” we might say – there is no negotiation with the blandishments of Satan’s pit – no co-existence with perceived evil. Our only response, devoid of much imagination, is military.

History and our whole social and economic belief structure allows us no other. The President had to act, must act, did act. He has done the “right thing,” albeit with the wrong weapons, one might conclude. Bin-Laden has succeeded and succeeded again in directing our battle against the quarter of the planet that is Islamic. Our protestations of separating terrorism from Mohammedism serve to strengthen our timely coalitions, but fall upon non-believing ears in most of the Islamic world. The falling bombs are indistinguishable from America, itself. The fine points of selective targeting and diplomacy are lost on the millions who choose not to be like us, who are readily, almost eagerly, led by practiced haters. We sit in judgment of their failures to lead the world in technology, human rights and materialism. Our comforts and prosperity are not the fundament of their aspirations and our discussions of why certain fellow-Muslims must be killed are strictly one-way. We see ourselves as able to spank the errant billion, followed by immediate hugs and comfortings so they will realize we truly love them, but their bad-seed brothers had to go.

Why do they hate us so much? That is the question posed by our deepest thinkers.

“The West” has not only conquered communications, but has ringed the planet with satellites, effectively creating a sea of electronic trash through which Earth spins and rotates, year upon year. Television shows and movies that extol everything from abortion to homosexuality, murder to free sex, flood the airwaves. Books and magazines replete with same, are hawked from Zimbabwe to Mongolia. Not even China can stem the tide. We are angry at the Falwells and Robertsons who deign to point out that God can bless only the good, that His laws are completely Just, that He, Himself exists according to them with absolutely no ability to compartmentalize sinfulness. But, we say, throughout history America has been kind to its vanquished foes. Surely we can all see that this attack on Afghanistan will soon be good for them? God bless America; sing it loud. Drop the bombs of righteousness.

How will we know if the war on terrorism is won? So far we have proven that we can destroy Afghanistan’s tallest buildings as a sort of grandiose tit-for-tat. They are, of course, only a few stories tall. The political support for war, however, depends on both clarity of mission and conclusively good news about its fulfillment. There isn’t going to be much of either. We may not find Bin-Laden very quickly and already proclaim at every juncture that he is only one of many and that catching him is not the only goal. Will we, as in the war on drugs, proclaim the capture or death of some terrorist functionary to be of equal importance? Can we manufacture some interdicted tons of success sufficient to justify the whole war effort? Will Americans buy it? When the next terrorist action occurs will we accept that the need for more war-making is ever more justified? And the next?

And the next?

These questions are are not asked idly. A couple of ounces of powdered anthrax spores have place the nation on edge as almost no other mechanism might do. We readily conceive of fighting fire with fire, as it were, but with what do we fight disease? There is nothing. Cure the sick and worry. Cure the sick and fear.

Imagine a balloon-borne twenty pound tube of this anthrax stuff freely dispersing its load over, say, Chicago. A couple of square miles of city could be powdered and the ensuing panic, growing from media-spread spores of its own, would effectively shut that city down. People would flee, perhaps only to be prevented, possibly(?) from leaving until tested. Some sort of quarantine would be deemed necessary and, most certainly, travel to that entire region would cease. Talk about ripples in the economy. With the populace already so on edge as to run from spilled confetti, so many activities would cease that depression, not recession, would follow.

Not even the U. S. can absorb the costs of abject fear and still prosecute an endless war. The costs of terrorism we have only slightly begun to imagine. The politics of terrorism are also waiting to be unleashed.

The risk is greatest for President Bush. Everyone is backing him, now, in our newfound patriotism, but such high approval ratings are fleeting, in our history. George, the first, had a ninety percent rating eleven months before losing to Bill Clinton. With limited war news to prove his policies are both righteous and right, Bush will quickly be blamed by his enemies when the next big terrorist attack occurs. Every speech made includes an admonishment to prepare for more attacks and some comment about how we are preparing, nationally, for what, everything? But, when the ax falls, it is the President who will be blamed, however unfairly. Careful, methodical thinking and planning could fly out the window, then – and covert operations become overt.

Internationally, should America strike out in political anger rather than simple righteous vengeance, coalitions will fracture into alliances, neutral states and declared enemies. Then what? Terror groups will unleash everything they have; the U. S. will bomb population centers, world trade will slow to a trickle and a dozen opportunities to settle old differences, like Taiwan, Kashmir, Israel and South Korea, will be exercised by virulent enemies who are held in check now by our flexible willingness to oppose them. Like Gulliver, the Lilliputians will tie America down with a thousand tiny battles.

The most dangerous condition in the World is a lack of understanding of what the United States will finally fight for. So long as that point is not reached, we can push and pull and trade and buy a continued flow toward civilization. But when that line is crossed and should enemies in waiting decide that then is the time to fight their own battles, the possibilities of either a huge escalation or retreat into armed isolationism become real. Then the global power centers will shift. Wartime alliance or power vacuum. Either way, the future we have been hazily expecting will be replaced with another that we won’t control. A dark, sheer precipice terminates many of the paths we might take.

I see no one in the Congress who has the wisdom to advise the President better than what he is doing already. Neither do I see a happy ending for most of the right actions he might take. How I wish we, as a nation, had not been spending so much effort to turn our backs on God and His commandments. Perhaps we should have let in some of those aborted in the past thirty years. Now would be a very good time to turn to Him if He is still willing to hear us. With love, Bob Wescott.

AMERICA – Article III

A major factor in the success of the United States and its economic freedom (among other freedoms) is the honesty and relative strictness of its judiciary, both federal and State. The honesty of contracts at every level, including the contract between the American people and the federal government: the Constitution, relies increasingly upon the Supreme Court, the final arbiter.

Article III details the legal circumstances that require original jurisdiction of the Supreme Court, which means that the supreme court is the first, and only Court, that can hear those cases and rule upon the issues in conflict. In all other cases – and there are hundreds – the Court must agree to accept an appeal from litigants who not only aren’t satisfied with the decision made, but who also believe there is a Constitutional issue involved in their conflicting claims. At least four Justices must agree to accept a case, and one of them is likely to write an opinion, if not THE opinion that will form the Court’s ruling. It takes time. When the majority opinion is delivered there usually is a dissenting opinion. Lawyers everywhere study both. Crucial interpretations of Constitutional issues will form arguments in other cases. Sometimes the issues raised in the dissenting, or minority opinion, will be refined to bolster other cases. The written words of the Supreme Court are critical to our success as a nation.

The Congress is given the power to establish inferior federal courts and charge them with certain authorities over types of crime or types of conflicts. There are courts for immigration matters, for example, or for tax issues, and several others. The country is divided into 12 “Circuits” and Justices often visit those Circuits. See https://www.uscourts.gov/about-federal-courts/court-role-and-structure for a comprehensive view of federal court structure.

Leftism consistently challenges our Constitutional Republic. Socialism / Communism is inherently counter to the structure of morality and individual responsibility that is embodied in the Constitution. Freedom includes the freedom to fail, to try again and to make choices about how to advance in life. Forces of the left consistently attempt to tie individuals to government rules and regulations. This can be seen in attacks on religion and in unionized “public” education, itself. Little by little, leftist philosophies, even direct Marxism, like “minimum wage” laws, constantly distort our economy and increase dependence on government. These stresses generate social-issue conflicts that threaten domestic tranquility and even personal safety. This places immense public, if not mob pressure, on the Court and on individual Justices. Starting with Judge Robert Bork in 1987, the left – personified by Senator Ted Kennedy, an avowed socialist – has attacked and refused to compromise with “conservatism” in any form.

Leftist, or “Progressive” policies, inherently are on the attack against the premises and ideas expressed in the Constitution. The Supreme Court was and is charged with primary defense of the ideas underpinning the Constitution. Judge Bork represented a shift away from leftist activism on the Supreme Court. The retiring Justice, Lewis Powell had often been the swing vote on issues like abortion, tilting the Court to the left. Bork was a strict constructionist, unswayed by social pressures. To leftists like Kennedy, that threat of a shift away from the attack on original intent, was a threat so serious that the destruction of the reputation of an esteemed legal scholar like Bork, was well worth the effort. The attacks continue, as evidenced by the violent reaction to the reversal of Roe versus Wade in the “Dobbs” decision in 2022.

Among our “Unalienable rights” listed in the Declaration of Independence are “Life, Liberty and the Pursuit of Happiness.” Within them has developed a severe conflict, mainly due to the equality of status that women have acquired since the beginning of the United States. “Liberty” and “Happiness” both depend upon freedom of action by individuals. Pregnancy, uniquely, with its 9-month period of physical commitment and subsequent lifetime obligations, can interfere, unquestionably, with happiness and liberty of the pregnant woman. So far, we have not found a balance between the rights of the mother/parent, and those of the baby growing inside her.

Does the right to LIFE take precedence? Many think so. Do the rights of the mother take precedence? Many believe this is so. Mainly non-religious, non-Christian or anti-Christian persons, are pleased to take dominion over natural life, and grant women the absolute right to abort their child. Religious people tend to support the rights of the new life to be born and to thrive after birth. They are “pro-life.” Abortion absolutists have done their best to pervert the meaning of conception and of what a fetus actually is: a human baby, growing. Inevitably, this conflict landed in the Supreme Court. Sadly, Roe versus Wade resulted in more than 60 Million Americans being aborted, most of whom were growing inside women of color. It is a number that should give Anti-life believers some pause.

The Supreme Court makes mistakes. The “Dred Scott” decision is recognized as the worst of them, as Chief Justice Roger Taney attempted to undo several state and federal laws governing the status of slaves and even of any free negro citizen. Taney went so far as to declare the Missouri Compromise un-Constitutional and to state that the concept of “free soil” and freedom of slaves who resided there, was constitutionally unenforceable and need not be recognized by other territories or states. The decision helped to push the South to secession and proved to be recognized in its disregard among free states and territories. The 13th amendment made Taney’s decisions moot.

Another simpler, but still egregious decision was the “Kelo” decision: a 7-year battle over the “taking” of private property for public use, that was decided – many feel, wrongly – in 2005. The city of New London, Connecticut, decided that development of land next to a new Pfizer plant, would increase tax receipts to the city, and therefore qualified as a public good. Unfortunately, Suzette Kelo and her neighbors lived on that land, many on long-time homesteads, in perfectly acceptable, non-condemned homes. The city turned the land over to a new, semi-private development Commission along with the power of “eminent domain,” with which the Commission forced homeowners to sell their real estate. Tragically, The Supreme Court interpreted the “taking” clause in the 5th Amendment to include not only the clearly stated “public use,” like a school or water treatment plant, but for an amorphous “expected benefit” for the public, such as increased tax revenues might provide. In other words, amazingly, “public use” was interpreted to include “private use” if it raised more taxes than current landowners provided. Several States have amended their own laws to prevent exactly the premise of the Kelo decision.

The American public is right to challenge the Supreme Court and, through the Senate, to carefully examine the beliefs of nominees to the Supreme Court. As political conflicts, largely fomented by the Left, become more heated and hateful, the ability of Justices to ignore such matters becomes ever more difficult. It is more crucial than ever that the strength and intention of the Court must be to preserve the originating ideas and ideals of the Constitution, resisting all attempts, regardless of political heat, to drift, stumble or run-away from them.

AMERICA – Article II

The second-most important “branch” of our Republic’s government is the Executive. To most people, this means the President, or “The White House.” It is much, much larger than that – grievously so. There is no accurate count of the number of Departments, Agencies, Offices and Titles that are funded, almost without question or oversight, in the sloppy budgeting process that Congress standardly fails to control. The total is well over a thousand; how close to two thousand, no one can tell. If Congress were forced to oversee every line-item in the budget, we’d probably see a quick reduction, consolidation or elimination of hundreds of these tax-consuming, practically parasitic entities. But Article II is about the powers of the Executive, how he (or she) is elected, and to what actions the President and his/her appointees are sworn.

Mostly, voters and other citizens (we hope, citizens) are concerned about and are told about how well the President is fulfilling his promises in office. The President is NOT the most powerful person in his “administration.” Who is, varies.

Among the “big” Departments – “Cabinet-level Departments” – are Defense, Treasury, Justice, Interior, Agriculture, Housing and Urban Development, Health and Human Services, Commerce, Education, Energy, Homeland Security, Labor, State, Transportation and Veterans Affairs. Originally, there were just 4 men who comprised Washington’s “cabinet,” a relatively informal group of advisors: Secretary of State, Thomas Jefferson, Secretary of Treasury, Alexander Hamilton, Secretary of War, Henry Knox and Attorney General, Edmund Randolph. Each was a “founder” of the new nation and involved in the creation of the Constitution. Each had his views of how the government should be administered and what the Federal Government’s interactions with “the people” and with the States, should be. We are still deciding.

Washington’s status was such that no one was prepared to attack him directly, but political parties soon developed as politically powerful leaders like Hamilton and Jefferson, Madison, Adams and Monroe, among others, and Jackson, later, sought followers to their views. These were the “factions” that were feared by Madison and others writing in the “Federalist Papers.” Washington sought statesmanship from his advisors… like his own. But it became rarer and rarer as party factionalism took hold. The framers of the Constitution expected loyalty to States to be the competing interests that would, in effect, strengthen the new Union of States. Party factionalism, as we can see today, has nearly obliterated those sovereign concerns, as Federal power has become the big prize… and source of wealth both licit and illicit.

The election of a President is done by the Electoral College, one of the earliest topics in Article II, to which 376 words are devoted. The framers, fairly fresh from the Revolutionary War, were very concerned about the creation of an executive officer, having lately fought against executive excess. They did not want the selection process to be “democracy” without severe restrictions that protected the rights of States. The model Republic they hoped to create would have “checks” and “balances” on executive power and even on legislative power. As much as was workable – if not practical – they wanted a chance for statesmanship and reflection to filter out “faction” and emotion in the selection of a President. Their wisdom resulted in the Electoral College. Today we can see the Constitutional mechanisms that are most worth defending by the nature of the heated emotions that wish to sidestep them, altogether. Every Presidential “election” is blanketed with statistics about the “popular vote,” especially when the Electoral winner received fewer votes in gross total than the person who did not win in the Electoral college. That he or she did or didn’t is immaterial; but the “popular vote” is announced by all media as if it mattered.

The Constitution does not provide for National elections; we have State elections, now 50 of them, by law on the same day. Every 4 years, citizens of the 50 states elect slates of Electors who will later vote in the “Electoral College” for the President / Vice-President “ticket” to which they are committed, having gained a majority or a plurality of the popular vote in their respective States. Every State’s election stands on its own, irrespective of the size of the majority or plurality of the popular vote in other states. We employ democratic process to elect people whose Constitutional function strengthens the REPUBLIC. The REPUBLIC is strengthened by the federation of its sovereign States; the rights and sovereignty of those States must be protected and defended by the powers ceded to the federal government. It was the citizens of States – States that pre-existed the federal government and the federation, itself – who ratified the Constitution and the Bill of Rights: the first ten amendments without which ratification would have been impossible.

The two keys to our Republic’s success and endurance include an EXECUTIVE who is checked by the power of the people – expressed in Congress – and, as John Adams incisively stated (one might say, predicted), “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” We have embarked on a course of denying government responsibility for promoting morality. Indeed, we are rushing to make legal immoral actions in order for governments at every level to share in their illicit proceeds. What a foul recalculation of the meaning of liberty.

Presidents after Washington have pressed for greater freedom of action without the slow action of Congress, almost continuously. Abraham Lincoln was the first to suspend basic rights due to the emergencies of the Civil War. The relationship of the federal government to individual citizens changed dramatically in the years following, and even before the end of Civil War. The Emancipation Proclamation applied Executive power to the problems of black individuals in multiple states. Following the war a federal agency, the “Pension Office” under the authority of the “Commissioner of Pensions” organized to evaluate claims due to both physical and mental injuries incurred during the Civil War. Today there are, as noted above, well over 1,000 federal agencies and departments. Ostensibly, the President directs their work and function but, in fact, most of the Executive “branch” runs on its own, including lobbying Congress for never-ending funding and support.

The President is charged with being the “Commander in Chief” of the Army and Navy (and added military branches, now) AND OF THE “Militias” of the several states when called into service of the United States. Who those “Militias” are is not well-defined, although referenced in the Constitution and in the Second Amendment. Pre-existing the Army, the “National Guard” grew from colonial militias who defended against “Indian” attack, especially as the “frontier” encroached on Native lands, and later against the French and their native allies.

The “Army” was created from the Militias and State “Guards” during the Revolutionary War. Had it not been for General George Washington’s personal leadership, the Revolution would have failed as soldiers completed their periods of voluntary service, but who stayed to complete Washington’s mission of independence. It is difficult to grasp the privation and sacrifice required to pursue the war with Britain; few in today’s America are capable of what Revolutionary soldiers endured.

The Minutemen of Massachusetts grew, purposefully, out of the regiments of Militia. They were trained by veterans of the Indian and French-Indian wars and were the defenders against the British at Lexington and Concord, as the British sought to disarm the colonists. More regiments from Massachusetts served in the “Continental Army” than from any other colony/State, and formed the basis of the United States Army. The President is charged, ultimately, with command – and DEPLOYMENT – of all of the military forces, including calling up Reserve troops and the National Guard(s) of the several States, WITHOUT a declaration of a state of War, which only the Congress can effect. The “War Powers Act” in 1973, changed the basic relationship dictated by the Constitution.

In response to President Nixon’s secret bombing campaign in Cambodia during the Vietnam War, Congress attempted to reign in the creeping expansion of Presidential powers as Commander in Chief. Still, it recognized the perceived need for swift response to armed actions almost anywhere in the world where the PRESIDENT can articulate (within 48 hours of taking military action for up to 60 days without further Congressional approval) a “national interest” of the United States. This is a codification of the U. S.’s perceived role as “the world’s policeman,” and a dangerous relinquishing of Congressional, and, therefore, States’ authority over the commitment of their citizens to actions of deadly threat. All in all it is a stark example of how the Executive has become the super-representative of “the American people,” basically in opposition to Congress’ Constitutional power of representing the will of the citizens of the several States.

Since the end of World War II, and most particularly following the assassination of President Kennedy, the “federal” government has rushed to become a “National” government, directly undercutting the design of the Constitution for a Republic of united, somewhat sovereign States. Every heated declaration of “threat to our democracy” or “protecting our democracy” is premised on the desire for pure “majority rule” in the wielding of “national” power, no matter how temporarily a majority might be created for any cause or idea, rather than a republic-like careful deliberation and application of wisdom before action is taken or changes to governance made.

Constant reference to the Constitution and its amendments, is necessary to measure how far we have drifted from, and how much further some wish for us to drift from, the ideals and responsibilities of the American experiment and the “limited” Executive thereof.