Due Process

“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law...” So says the 14^th amendment to the U.S Constitution, expanding rights of the fifth amendment to all inhabitants of the country. That is an important protection for citizens, a protection sadly being eroded today. That amendment should protect against such things as being punished with no opportunity to defend oneself. Today, there are certain accusations regarded as proof in themselves, with the accused either allowed no opportunity to defend himself or allowed only a difficult and expensive defense, and that after the punishment is already in place.

Perhaps the most widespread such abuse is the no-fly list. Almost anybody can accuse someone of terrorist leanings, whereupon the accused is put on that list – usually without his knowledge. The accused learns of his de facto conviction and punishment only when he shows up at the airport. Even members of Congress have found themselves on that list, just because they have names similar to someone else put on the list. And it is easy to get on that list. Previous comments, suspicion (with no solid evidence) of terrorist leanings, your neighbor's revenge by reporting you, any of those and more could land you on that list. Then it is difficult to get off, even once you learn of your punishment. That deprives the accused of liberty without due process.

If the statists have their way, they will also use that list to deprive people of property, specifically any arms those people may have or want to purchase. They want to make anyone on that list automatically ineligible to own firearms, regardless of the reason they are on the list.

Nor is this abuse of power likely to stop there. Some in the Oregon legislature are proposing a law that would allow any family member, medical provider, or college professor to put a person's name on a secret list of people prohibited from buying guns. It would be very difficult to get off that list. The family nut case would have power to deny the whole family their constitutional rights. The professor who does not like comments in class could do the same to students – no due process allowed. The accused would only learn of their punishment when they try to buy a gun. Imagine, a wife tries to leave her abusive husband and he keeps stalking and maybe abusing her, but at the same time puts her name on that list. Fearing for her life, she gets a concealed weapon permit and goes to buy a pistol. Only then does she learn that she is on the list. He can assault, even kill her with no fear that she will be armed.

Nor is the no-fly list or attempts to circumvent second amendment rights the only problem. College campuses are becoming notorious for punishing accused sex abusers with no due process – and that at the behest of the federal government. While they cannot jail the accused, they can keep him off campus, deny him an education, on the word of an accuser – and he is not allowed the normal defense. A coed angry at a young man can effectively get him banned with nothing more than her accusation.

And what about discrimination? Racial discrimination is of course wrong, but that is another area where the accusation is considered a conviction. Want to do business with the government? Better be able to prove that you do not discriminate, the flimsiest of evidence will disqualify you.

Unless we fight this, we can expect the problem to expand. This is the perfect tool for the power-hungry. They will find more and more “special” cases for which they will allow no due process. Speak out against the powerful? They will do all they can to deprive you of your rights. If they can, they will put the burden on you to prove your innocence, rather than on the accuser to provide evidence of guilt.

Identity Politics, Part 2

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Senator Patrick Leahy has strongly implied that criticism of Supreme Court nominee Sotomayor is racist. And what were those “racist” remarks? The culprits quoted Sotomayor verbatim. There is no doubt that Sotomayor made a racist statement. There is no doubt that she said it multiple times. Yet Leahy has the nerve to accuse people of racism when they simply point out what she said. Worse, he misquoted her, apparently deliberately.

Leahy claimed, “[Sotomayor] said that, quote, you 'would hope that a wise Latina woman with the richness of her experiences would reach wise decisions.'" Notice that he claims to be quoting her verbatim. That was a lie; he was creatively editing her words to make her statement sound neutral when in fact it was racist.

What Sotomayor in fact said was, “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life." The claim that her race and sex would reach better decisions is clearly racist, as I’ve discussed in my blog on the Gander Test. Removing the racist part of the quote is dishonest. Leahy is a liar when he says that he is quoting her statement.

However we should not be surprised that someone like Leahy, well on the left of the political spectrum, would do such a thing. Many of those people are incapable of recognizing racism in anybody but a white person. Leahy probably thinks that telling his lie is actually serving a good cause. Many of those people actually believe that it is not possible for a Black or Hispanic to be a bigot. That is a part of identity politics, they judge people by the color of their skin or their sex, not by what they actually say or do. However racist is as racist does, contrary to what the leftists claim.

This is the other side of identity politics, excusing all manner of sin on the basis that the culprit is a minority. Worse, anyone who criticizes a minority, even for valid reasons, is labeled a bigot for having the temerity to speak the truth or a non-politically-correct opinion. This is widespread in our country today. For example, anyone who opposes homosexual marriage will be called homophobic and anyone who opposes affirmative action will be called racist. That is just the way identity politics works.

Another aspect of this is the article of faith on the left that any minority must be leftist. Many go so far as to call a black person who does not toe the leftist line “not an authentic Black.” In fact recently Senator Barbara Boxer used testimony by Harry Alford, chair of the National Black Chamber of Commerce, to imply that the other groups represent black people but that Alford’s organization does not because it does not go along with the leftist agenda.

Many of Boxer’s ilk think that minorities should remain in lockstep and not be allowed to stray from the leftist reservation. They think that minorities off that reservation lose their identity.

Can we change the adherents of identity politics? I doubt it, at least not most of them. They tend to have closed minds on the subject and will reject facts or sound reasoning. In fact they will call such facts and reasoning bias, but of course cannot tell us how they are biased. Oh there may be a few who listen to reason but most won’t. Most regard the accusation as proof, no more discussion needed.

What we can do is refuse to give in to the twisted accusations of identity politics. Of course first we must examine ourselves to be certain the charges are untrue. If they are all we need do is make a simple statement of that fact.

A leftist might say, “You’re a bigot, you called Sotomayor racist.”

A good response might be, “I am not a racist, in fact I have many Black and Hispanic friends. I simply quoted her own words, words she has spoken multiple times. Then I pointed out that if someone made a similar statement, claiming that a white man could make better decisions than a Latina woman, it would be recognized for the racism it is. Sauce for the goose is sauce for the gander and Sotomayor’s statements are racist.”

Such a response probably won’t change the mind of the accuser; he is likely too closed-minded to understand it. However it will have an effect on neutral observers. Furthermore it will help us avoid the temptation to become as biased as the accuser in an attempt to avoid the accusation.

Leahy and his ilk will undoubtedly continue to make false accusations of bigotry. However I do not believe they are the majority in this country. I believe most people are smart enough to see how ridiculous those accusations are.