Category Archives: Civil Liberties

Southern Baptists condemn torture, including waterboarding

In a move very surprising to this veteran of far too many southern talk radio programs where I was the one condemning torture to a hostile audience, the Southern Baptist Convention’s Ethics and Religious Liberty Commission has just condemned torture.

“I don’t agree with the belief that we should use any means necessary to extract information,” said SBC Ethics and Religious Liberty Commission president Richard Land. “I believe there are absolutes. There are things we must never do under any circumstances.”

Furthermore, they clearly indicated that waterboarding is indeed an act of torture:

“For me the ultimate test is: Could I, in good conscience, do whatever I am authorizing or condoning others to do? If not, then I must oppose the action. If I could not waterboard someone—and I couldn’t—then I must oppose its practice.”

Land said he considers waterboarding to be torture because the definition of torture includes the determination of whether a procedure causes permanent physical harm, noting he is unable to “separate physical from psychological harm” in this instance. The practice contravenes an individual’s personhood and their humanity, he said.

“It violates everything we believe in as a country,” Land said, reflecting on the words in the Declaration of Independence: that “all men are created equal” and that “they are endowed by their Creator with certain unalienable Rights.”

“There are some things you should never do to another human being, no matter how horrific the things they have done. If you do so, you demean yourself to their level,” he said.

“Civilized countries should err on the side of caution. It does cost us something to play by different rules than our enemies, but it would cost us far more if we played by their rules,” Land concluded.

To begin, I’d like to applaud the Southern Baptist Convention for taking this stand.  Based on my anecdotal observations, this won’t be popular with the let’s-waterboard-them-another-hundred-times crowd.  However, some of their members may now think through the issue or gain the courage to publicly oppose acts of torture.

While this condemnation is clearly many days late, it’s not a dollar short.  Perhaps it’s time to welcome the Southern Baptists into the fold of people who like to have rational and reasonable debate over issues of a political nature.  Or perhaps not.

Quote of the Day: Empathy vs. The Rule of Law

President Obama says that he wants to nominate a Supreme Court Justice who has “empathy” as opposed to a jurist who makes decisions based on “some abstract legal theory.” Not surprisingly, I’m not the only one troubled by his selection criteria. Thomas Sowell has written an excellent 3 part series “Empathy” Versus Law” (Part 1, Part 2, Part 3).

Of all of the many quotable passages to choose from, I think this one captures the main point of why we should be concerned:

That President Obama has made “empathy” with certain groups one of his criteria for choosing a Supreme Court nominee is a dangerous sign of how much further the Supreme Court may be pushed away from the rule of law and toward even more arbitrary judicial edicts to advance the agenda of the left and set it in legal concrete, immune from the democratic process.

Would you want to go into court to appear before a judge with “empathy” for groups A, B and C, if you were a member of groups X, Y or Z? Nothing could be further from the rule of law. That would be bad news, even in a traffic court, much less in a court that has the last word on your rights under the Constitution of the United States.

Appoint enough Supreme Court justices with “empathy” for particular groups and you would have, for all practical purposes, repealed the 14th Amendment, which guarantees “equal protection of the laws” for all Americans.

Something for the left to think about regarding hate crime laws

As a libertarian, I find Republican Congresswoman Virginia Foxx’s comment that Matthew Shepard’s death was a “a hoax that continues to be used as an excuse for passing these bills” as reprehensible as anyone on the left ever could.  Although she’s now apologized for the remark, she’s yet another good example of why the Republican Party continues to lose elections.

However, some of the well-meaning arguments used by the left regarding hate crime legislation make no sense to me, either.  Most of my progressive friends are fairly bright people — and they are certainly smart enough to know that they probably won’t control Congress and the White House forever.  It seems that the progressive movement is promoting a slippery-slope issue which will ultimately be used to target the left side of the aisle should the social conservatives ever take over.

When the Department of Homeland Security report branding of most people on the right as potential terrorist threats was made public, I had a difficult time being sympathetic to those who applauded President Bush’s egregious abuse of executive power and blatant disregard for civil liberties.  Now that the worm has turned on them, a lot of conservatives are once again concerned about more than one of the first ten amendments to the Constitution.  Their problem is similar to the same general slippery-slope the left is currently creating with the hate crime legislation soon to hit the Senate floor.

“Personal bias in officers or prosecution is absolutely indicative of what’s going to happen sometimes,” said Judy Shepard, the mother of Matthew Shepard, on The Rachel Maddow Show the other night. “Not always, but sometimes.”

While it isn’t the point that Ms. Shepard was trying to make, she brings up a very valid topic.  Personal and political bias will happen as a matter of public policy should extreme social conservatives manage to gain political control. Imagine a President Mike Huckabee, Vice President Rick Santorum, Attorney General John Yoo, and Senator Ralph Reed.

If you don’t think social conservatives will do everything they can to define those in opposition to their agenda as hate-mongers, think again.  They already call folks opposed to the Iraq War or the Patriot Act part of the “Hate America” crowd.  With control of Congress and the White House, it would be easy to expand the definition of hate crime to suit their purposes.

Next, imagine that some gay guy murders some straight person. While he admitted some dislike for straight people in his confession, there is still doubt in the minds of some intelligent and reasonable people about his true intent.  What is established is that the police found evidence that the suspect had participated in local Pride parades and his personal library contains works by Tennessee Williams, Truman Capote, Oscar Wilde and Gore Vidal.

If you don’t think social conservatives would use ownership of books like these as evidence, think again.  If you don’t think the right is capable of stretching a legal definition to suit their own purposes, I’ll suggest that you go ask John Yoo about his definition of torture.

If the intent of the left is to provide some level of federal oversight to crimes ignored at the local level, please do the right thing and amend the Constitution if you don’t feel that the 14th Amendment provides enough protection in these sorts of cases.

By creating and now expanding hate crime laws, the left is unwittedly drawing the papers with which they’ll later be prosecuted.

A new libertarian line-of-attack when debating medical marijuana issues with Republicans

For years, activists have been trying to pass federal legislation which prevents the feds from arresting patients (or doctors, growing clubs, etc.) when they’ve been prescribed medicinal marijuana by a physician in the states where such prescriptions are allowed by law. Libertarians have often made valid points about Republican hypocrisy regarding federalism when it comes to medical marijuana.

Loretta Nall provides a brand new argument to use with Republicans on the matter:

I am sick of hearing Republicans scream about ‘socialized medicine that would put the government between you and your doctor.’ Just what the hell is the difference here? The Republicans want to be involved in your health care decisions if they seek to prevent you and your doctor from discussing/using marijuana as medicine…and that is the same thing. Socialized medicine. HYPOCRITICAL FUCKS EVERY ONE OF THEM! […]

[…] Mention that it is socialized medicine for Republicans to stand between a doctor and patient….no matter what their ‘justification’. Human suffering shouldn’t be used as a political football. There is no reason why marijuana should not be allowed especially when people benefit from its use. Many marijuana businesses have taken advantage of using the best marijuana packaging in order to provide customers with the best possible product.

Let’s take a look at some recent Republican stands on socialized medicine and compare them to the views of the very same people on medical marijuana. Surely they should see the successes of Florida medical marijuana and understand this meets a serious need within the healthcare market. Those looking to acquire marijuana products in an attempt to remedy certain health concerns may want to head online to find things like thc vape juice which can be purchased from websites like Leaf2Go.

“In any serious discussion of health care in our nation, this should always be our starting point — because the goal, after all, is to make the best care available to everyone,” said Senator John McCain in a 2008 presidential campaign speech. Later on, he added: “[With nationalized health care, ] we’ll have all the problems, and more, of private health care — rigid rules, long waits and lack of choices, and risk degrading its great strengths and advantages including the innovation and life-saving technology that make American medicine the most advanced in the world. The key to real reform is to restore control over our health-care system to the patients themselves.”

“Families also place a high value on quickly getting simple care, and have shown a willingness to pay cash to get it,” noted McCain, surely aware that the cost of home-grown marijuana is significantly less than the cost of Marinol. “Government can provide leadership to solve problems, of course. So often it comes down to personal responsibility — the duty of every adult in America to look after themselves and to safeguard the gift of life.”

When asked about medical marijuana on the very same campaign trail, McCain responded, “Right now my answer to you is no.”

On the same presidential campaign trail, Rudy Giuliani had a moment of libertarian lucidity when he stated that “government cannot take care of you. You’ve got to take care of yourself.”

Here are some of Giuliani’s views on socialized health care:

Charging that Democrats’ health care proposals would lead to “socialized medicine,” Republican presidential candidate Rudy Giuliani said Tuesday he wants to give American citizens more control over their health care.

“We’ve got to do it the American way,” Giuliani said during a town hall forum in Rochester, New Hampshire. “The American way is not single-payer, government-controlled anything. That’s a European way of doing something; that’s frankly a socialist way of doing something.”

McCain and Giuliani weren’t alone on the GOP presidential campaign trail regarding these issues. No stranger to hypocrisy regarding health care issues, Mitt Romney piped in, as well: “[Senator Clinton’s health care] plan is crafted by Washington; mine is crafted by individual states.”

Of course, Giuliani and Romney both opposed medical marijuana from both a federal and state perspective.

Let’s take it off the presidential campaign trail for a moment and pick on perhaps the most hated drug warrior in Congress. Here’s Congressman Mark Souder’s take on health care (from his website):

Every American deserves affordable and quality health care, not government control. I support a patient-centered approach to health care reform that provides every American, regardless of health or financial status, access to the affordable health care coverage of their choice. Nobody should go bankrupt because they get sick.

I will continue to fight to make health care family-focused and patient-centered. Access to the ohio medical card for marijauna has made a massive and extremely positive difference to patients lives. I think that patients, in consultation with their doctors, should have control over the health care they receive. The government, your employer or a health care plan selected by your employer should not decide what health care you receive. The road to affordable health care for all is not easy or simple but, by implementing more consumer choice, cracking down on frivolous law suits and lessening the bureaucratic paper work it is achievable. Forcing Americans into a government controlled health care plan will not solve the problem. I believe that it will only make things worse.

Here’s Souder calling for a non-patient-centered “approach to health care” which is neither family-focused nor “patient-centered.” Here’s a direct contradiction to “I think that patients, in consultation with their doctors, should have control over the health care they receive.” Here’s a crystal-clear example of the hypocrisy to which Nall referred.

If passed, this amendment would put people in danger of shysters and quacks willing to recommend a dangerous drug, marijuana, in place of federally approved safe and proven medicines. You can get Marinol. We have got other ways by taking a pill to treat this. There are multiple chemicals in marijuana. It is not medicine. Marijuana is just as much medicine as the carbolic smoke ball from the later 19th century was medicine…. The rhetoric about marijuana as a ‘treatment’ for medical purposes… probably was dreamed up at some college dorm…

[L]et me state that my mother and father-in-law both recently died of cancer as well. Compassion is not limited to either side, but there is science and there is not science. In fact, the Carbolic Smoke Balls and the snake oil is very similar; getting high is the same as getting splashed….

Furthermore, we have heard kind of a silly argument here on the House floor today that physicians should be making up FDA law. Physicians do not do trials of a different drug when they come to market. Physicians do not have big testing agencies. That is why we have a Food and Drug Administration. This is in effect asking to repeal the Food and Drug Administration.

Imagine being in the audience the next time a local Republican congressional candidate gives a speech. When it comes Q&A time, it might be fairly easy to ask the following:

Congressman Smith, I applaud your view that the federal government shouldn’t be able to tell states what to do. Furthermore, you are to be applauded for your views that the government shouldn’t stand between a patient and a doctor, that individuals should be empowered to make their own medical decisions, that federal bureaucracy harms the health care process, that when patients have the responsibility to make their own decisions health care costs are drastically reduced, and that health care choices should be made in a free market. Since it’s so obvious that you agree with how I feel about these issues, I’m pleased that you’ll be supporting both the Hinchey-Rohrabacher bill and our state legislation to treat cancer victims and AIDS patients with a bit more compassion.

It’s time to replace Janet Napolitano with Andrew Napolitano

Over at the Examiner, I’ve written an article which calls for DHS Secretary Janet Napolitano to be fired and replaced by Fox News analyst Judge Andrew Napolitano.  Here’s why Janet should pack her bags:

Considering the timing of the actual release of the report, it seems that law enforcement was being provided a message from the White House to be on lookout for hundreds of thousands of Americans participating in Tea Parties across the nation on April 15th.  While national political journalist Robert Stacy McCain may have been the first to the note the connection between Tea Parties and the Homeland Security Document, other local bloggers have recognized the coincidence as well.

Here’s why Andrew is more than qualifed for the new job:

If I had to make a pick about which Napolitano serves as Attorney General, I’d choose the one who is equally critical of both political parties, the one who chooses constitutionality over partisanship, and the one who favors civil liberties over politics as normal in DC.

Read the whole article here.

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