January 5, 2012

The Upcoming Clash

Robert George, Professor of Jurisprudence at Princeton  asks  "What will happen to Catholics and others . . . ?"

One of my superstar former students, writing about his experience at one of our nation's premier law schools, sent me a note after reading my MOJ post on marriage, religious liberty, and the "grand bargain."  Here is the text, with names removed to protect the innocent:

I had a first-hand experience with this reality in law school. One of my constitutional law professors taught the section of our course relating to same-sex marriage under the "inevitability" banner. I met with him in office hours later to talk to him about something else, but I brought up a question that I have been wrestling with: if the SSM advocates are right and opposition to SSM becomes analogous to racism in our society, what will happen to Catholics and others whose views on SSM cannot and will not change? Are they to be excluded from public office, political and judicial appointments, or places of trust and responsibility within private institutions (e.g., law firm partnerships)? I posed the question to him because I was curious to hear his response, since he is generally a kind and reasonable person who seemed open to other viewpoints.

His response was very disappointing, and it shook my confidence in him. He responded to me by saying something along the lines of: "Well,
they [Catholics and others] will either have to change their views or be treated in the same way that white supremacists and the segregationist Senators were treated. They were excluded from the judiciary entirely for decades because of the South's views on race."

He evinced no sympathy for the traditional marriage position or those who hold it. They were to be relegated to the ash heap of history. He said all of this to me knowing full well (because I had foolishly just told him) that I was a Catholic who opposed SSM.

So a law professor at a leading law school is perfectly all right with excluding Catholics from public office and relegating Catholics to the ash heap of history. 

While this professor is described as  "generally a kind and reasonable person who seems open to other viewpoints," with respect to Catholics and the right of conscience, he is a fascist. 

Consider the professor's own words.  He made no effort to hide his goals and intentions.  On the contrary, he made it abundantly clear that Catholics and others who persist in their dissent are to be treated the way we treat white supremacists.  They are to be stigmatized, subjected to discrimination, and denied the right to hold certain offices.

His views are not uncommon in academia and this does not bode well for the country.  Or the Constitution and The Bill of Rights.
What always surprises me is how willing

Another disturbing development that's freaking people out is the NDAA, the National Defense Authorization Act, recently signed by President Obama.  The new act contains amendments proposed by Senator Carl Levin (D) and Senator John McCain (R)  which allows the government to imprison anyone suspected of or even associated with terrorism.

This power is open to wide interpretation and could certainly be abused.

Some Constitutional experts say "pro-life 'terrorists' could be permanently detained without trial under the new law signed by President Obama.

Constitutional experts warn a new law that allows the president to permanently detain U.S. citizens without trial could be used against pro-life activists, who have already been defined as potential terrorists in documents by some government agencies, including the Department of Homeland Security.
The NDAA, which President Barack Obama signed on December 31, allows the president to hold enemy combatants in military detention facilities without trial until the end of hostilities, if the person “substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners.” The law allows the president to determine which groups may be considered terrorists without judicial or congressional oversight, although Secretary of Defense is required to “regularly brief” Congress about “covered persons.”--
However, last August DHS and FBI agents attended a terrorism training seminar hosted by Planned Parenthood, the National Abortion Federation, and the Feminist Majority Foundation that equated free speech and distributing literature with violence. An 84-page resource guide listed three pages of potential extremist websites including Priests for Life, National Right to Life, the American Life League, Concerned Women for America, Human Life International, the American Center for Law and Justice, and the Christian Broadcasting Network.

I'm glad that this act is being scorned all around,  Bruce Fein writes God is alive. Due process is dead.

Henry Blodget writes.

On New Year's Eve, President Obama signed into law a bill that eliminates one of the fundamental protections of the U.S. Constitution:  The right for people not to be detained indefinitely by the government without being formally convicted of crimes.
Posted by Jill Fallon at January 5, 2012 4:54 PM | Permalink