Tuesday, September 13, 2016

Because modern liberalism - the liberalism that is not about limiting government powers - is totalitarian, it does not have any limits in it quest to bring about equality in the elements of society that it defines as paramount.

The WSJ on the Civil Rights Commission's recent report:

//Mr. Castro’s contribution, by contrast, is so bad it’s good. For he confirms that the progressive argument is mostly about insulting Americans with differing views.

The commission report is called “Peaceful Coexistence: Reconciling nondiscrimination principles with civil liberties.” Its top finding is this: “Civil rights protections ensuring nondiscrimination, as embodied in the Constitution, laws, and policies, are of pre-eminent importance in American jurisprudence.”

Translation: Nuisances including the First Amendment’s “free exercise” of religion guarantee take a back seat to the rapidly multiplying non-discrimination causes such as the “right” to coerce any baker you want into baking the cake you want for your same-sex wedding.

In her own submission to the report, the commission’s Gail Heriot pinpoints the flaw in the finding. A University of San Diego law professor, Ms. Heriot says she could easily imagine a case for Mr. Castro’s position. But instead of an argument, she says, the commission offers a decree.

“By starting with an assertion that antidiscrimination laws are ‘pre-eminent,’ she writes, “the Commission’s analysis essentially begins with its conclusion. Why should anyone accept it? The Commission said so.”//

And:

//In Mr. Castro’s world, those who dissent from the prevailing pieties are deemed unfit for the public square . . . the judgment of federal agencies substitutes for Congress . . . and Justice Anthony Kennedy is free to take his own private mystery of the universe and impose it on the nation by unearthing constitutional rights unmentioned in the Constitution at the expense of the rights that are.

What does it mean for the election? Plainly Mrs. Clinton stands with Mr. Castro on this ahistoric and unconstitutional reading of rights. Even poor Gary Johnson, who embarrassed himself on television when he seemed to have no idea what Aleppo was, has come out against religious liberty—suggesting he understands even less about libertarianism than he does about Syria.

And Mr. Trump? No one would ever confuse Donald Trump with Reinhold Niebuhr. Yet even with his ambiguous stands on where gay rights begin and end, Mr. Trump seems unlikely to people his administration with Martin Castros bent on coercion.

In the meantime, we’re left with this: The melancholy spectacle of the U.S. Commission on Civil Rights issuing a report trashing the first civil right enumerated in the Bill of Rights.//





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