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Letters of the Institute for domestic Tranquility |
Washington October 1992 |
Volume 7 Number 9 |
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The Unalienable Right to Privacy
Poor Ole Murphy Brown
Code Speak
When Vice President Dan Quayle castigated the
networks and Hollywood for the "sad" condition of Murphy Brown, the TV
sitcom character who is having a child as a single parent, he was not
just speaking to the citizenry-at-large. Vice President Quayle had a
more specialized audience to whom he was also speaking. The surface
comment could be interpreted as castigating all mothers who choose to
have their children out of wedlock as being immoral and being the
mainstream of American moral life. In this view, single parents simply
do not represent the epitome of the American family. Since our
present-day American family represents a great admixture of ethnic,
religious, personal, and feminist values, with some social pathology,
it's hard to see just what the American family really is.
Considering that about 1/3 of the families in the
United States are single parent families with most of the single parents
women, Vice President Quayle's remarks could be taken as anti-feminist.
Since a large number of the single parent households are single black
women, his remarks can be taken as racist. Since many of these single
mothers are on welfare, Vice President Quayle could be interpreted as
being anti-welfare. Even while the American family is changing rapidly,
the Vice President's idea of American family values relate only to those
families that are white, middle class, undivorced, subordinate
mother-at-home, dominant father-bread winner families. At no time in
American history has this family type been the only family type, and at
all times in American history a variety of family types could be found
contemporaneously.
It is interesting that Vice President Quayle selected
a fictitious character for his targeta nice, clean, harmless
target, not a flesh-and-blood person. The target was ideal because it
was readily recognizable for what it was, an unwed mother having a child
out of wedlock (illegitimate) and, as Murphy Brown is a very popular
character in a very popular sit com, there could be no mistaking the
subject matter. Nice propaganda metaphor.
Never mind that we have had the sexual revolution.
Never mind that we have had the ERA and feminism, and the women's
movement, and the women's national political caucus. Never mind that
women are people, individuals; equals, with unalienable rights of their
owncitizens sovereign. Never mind that it is the closing years of
the 20th Century and we should be empowering women, minorities, the
economically disadvantaged, the lost, forgotten, and forlorn of the
citizens sovereign.
What the Vice President had to say was directed at
the small minority of Americans on the religious right, who are
fanatically opposed to abortion, contraception, and any life style
except the father/mother/children lifestyle with the father the bread
winner and the mother home with the kids. What he was telling them was
that the White House still loves them and that they should get out and
bust their buns on the President's re-election campaign, because the
next guy is not going to be sympathetic to their cause. You can hear
these sentiments clearly expressed on the American Family Radio Network.
This network specializes in American Family Values. A program I
recently heard had a speaker excoriating the abortion doctors, and he
stated flatly that the anti-abortion people should take down the names
of the doctors who perform abortions so that when Roe v Wade is
overturned these individuals can be prosecuted for murdering babies.
Healing words from the White House? Words to give us
hope for a better tomorrow? Indications that the American dream is not
dead? No! The White House is still dividing us. Of all the issues Nixon,
Reagan, and Bush have used to divide the American people, race and
abortion have been the most successful. Reagan, manfully, tried to
divide us on the issue of school prayer. Bush wanted to destroy the 1st
Amendment with an anti-flag burning amendment. None of those issues,
including gun control, had the staying power of race and abortion. It is
a sorry day when the Vice President of the United States is the
cheerleader for this destructively divisive activity.
...Ted Sudia...
The Constitutional Guarantees of citizenship
The United States Supreme Court
Our Wayward Court
The United States Supreme Court, by steadfastly
ignoring the needs of the vast majority of the citizens sovereign, is
heaping opprobrium upon itself, for it is engaged in three dangerous and
debilitating exercises. It is (1) pandering to the executive that
appointed it, (2) undermining our Federals system by referring problems
to the States for a remedy when equal protection of the law and due
process would indicate a Federal solution, and (3) is blatantly
disregarding the time honored process of stare decisis, the
convention whereby the Court acknowledges the contributions of former
Courts by upholding their decisions.
In two recent decisions the Court has held that
whatever the Presidents wants to do is legal regardless of underlying
statute. One case involved the now famous gag rule where Federal clinics
or clinics funded with Federal money were forbidden by the Secretary of
Health and Human Services to give advice on abortion when, in fact,
abortion is legal and is the law of the land. The Supreme Court deferred
to the President instead of the law on the lame excuse that if Federal
money was involved the President could insist, etc. The fact is that
every dime the President or his aides spends is first appropriated by
the Congress and the Congress did not stipulate this requirement.
In a second decision, and on the request of the
Justice Department, the Supreme Court held that it was okay to kidnap a
Mexican national in Mexico and bring him to the United States for
Justice since (1) our laws do not apply outside the United States, and
(2) our extradition treaty does not specifically prohibit abduction as a
means of forcing a Mexican national to stand trial in the United States.
What the Supreme Court falls short of is common decency and the
knowledge that foreign relations are reciprocal. This Court seems
willing to go to almost any extreme to sees that justicerather,
its brand of justiceis meted out swiftly and surely. No niceties
like an extradition treaty is to stand in the way of justice. The Court
recently allowed a man, who might be innocent, to be executed because it
was tired of hearing appeals. Appeals is what the Court gets paid to
hear.
If we view the Supreme Court's action through our own
history, the Supreme Court placed us in the position of Great Britain at
the time of the colonies when the British law provided for the transport
of Americans to Great Britain for trial, when the crime was presumed to
have been committed in the colonies. We had a legal relationship with
Great Britain that went beyond the relations of sovereign nations, and
those actions infuriated the colonists, so much that they put the
practice in the Declaration of Independence as an important grievance
"for transporting us beyond the seas to be tried for pretended
offenses." The idea that you just couldn't carry people off to be tried
some place other than their homeland later found its way into the
Constitution. Article III Section 2 says in part... "The Trial of all
Crimes, except in Cases of Impeachment, shall be by Jury; and the Trial
of all Crimes shall be held in the State where the Crime was committed;
but when not committed within any State, the Trial shall be at such
Place or Places as the Congress by Law may direct." As if that were not
enough, the question of transporting persons for trial is also covered
in the Sixth Amendment to the Constitution, to wit; "In all criminal
prosecution, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime
shall have been committed...."
If one argues that the abducted Mexican was not an
American citizen and, therefore, not entitled to the protection of our
Declaration of Independence or our Constitution, then the least that can
be said is that the Court does not believe in the Golden Rule and the
most that can be said is that the Court condones what must be regarded
as acts of aggression against foreign nations by abducting their
nationals. It's evidently okay commit a crime to bring an alleged
criminal to justice.
The current Supreme Court is systematically
undermining Federal authority and power by deferring to the States for
the solutions of many problems that cry for equal protection or due
process. One hundred years or more after the Civil War was supposed to
have settled the question, the Court is moving in a States' Rights
direction. The most recent abortion case, Webster v Reproductive
Services, allowed the States to define the circumstances under which
abortion would be conducted in those States. While not overturning
Roe v Wade, the Court has sufficiently undermined it as to make
it ineffective in many States and to hamper the access to abortion in
many other States. Some of the litigation that arose from Webster
will come before the Court in cases that may be used to overturn Roe
v Wade. The decision involving Pennsylvania further undermines
Roe v Wade by again deferring to the States to propose limits to
the right to privacy.
In the areas of civil rights and labor law the Court
has reversed itself on precedents that go back to the Civil War, giving
States the authority of key civil rights that were heretofore in the
Federal domain. The President has repeatedly vetoed legislation passed
by the Congress to redress the wrongs of the Court calling the
legislation "quota bills." The President vetoed legislation that said it
was contrary to the terms of the law to consider it a quota bill, but he
did anyway. Together the Court and the President are fanning the flames
of racism by the actions they are taking in reversing civil rights and
deferring to the States on matters considered Federal since the Civil
War. The States are obliging by demonstrating that they are not the
protectors of individual liberties, and the civil rights picture is
quite muddied, thanks to the Supreme Court. Federalism is in question as
the Anti-federalists on the Court undermine the authority of the general
Government, moving us in the direction of a Confederacy instead of a
Federal government, a loose collection of balkan republics instead of
maintaining cur Federal republic.
The Court has shown scant concern for precedent,
especially when it does not fit the action plan of reversing a hundred
years of civil rights gains. The Court has reversed civil rights laws
that were passed in the wake of the Civil War. It has re-interpreted law
that was grounded in Federal law and has determined that the States can
now look after themall of which seems to be aimed at reducing the
effectiveness of the Federal Government in favor of the States.
The Court is moving in the direction where the
Federal government may not be the repository of our most fundamental
rights. The United States Supreme Court has been captured with the
advice and consent of the United States Senate by people whose agenda
does not include the citizens sovereign a Court which has a very limited
view of human rights, and which seems to have no view of the unalienable
rights. The right to privacy is not a legal gimmick: It is an
unalienable right.
...Ted Sudia...
© Copyright 1992
Institute for domestic Tranquility
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