Tag: law

Count to Ten

Yesterday I argued that the Ten Commandments can and should be promoted — privately. Promoting one’s religion is expected … outside of government. But do that as a government official and suddenly what most folks consider good common sense morality sows discord.

Why? Simple. Your religion is yours. But the government is ours. It’s supposed to be. But since we don’t all share the same religion, your monument on public property or public commemoration seems nothing more than you shoving yours at us.

With the Decalogue, it’s even trickier. The Ten Commandments aren’t numbered as such in either Exodus or Deuteronomy. Jews, Catholics, and various Protestant denominations differ on ordering them. What one group calls the Fifth Commandment another calls the Fourth. What most American Protestants call the Tenth Commandment is numbered as the Ninth and Tenth by Catholics. And so on.

So any enumerated Decalogue is not merely Judeo-Christian-centric, likely to make Buddhists, Hindus, Yazidis and Sikhs at the very least uncomfortable. It would necessarily be denominationally preferential.

I bet most Ten Commandment listings promoted by American politicians are not the ones Catholics have memorized, by order — or Jews, or even Lutherans and Episcopalians.

These differences usually appear quite small, of course, especially in light of the overwhelming similarities. Accordingly, any disagreements about the Ten Commandments remain friendly, and will likely stay that way — unless government chooses one version over another.

In politics, the doctrine of enumerated powers is divisive enough. Add in multiple, competing enumerations of the Ten Commandments? Too much to divide us.

This is Common Sense. I’m Paul Jacob.

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Tags law, politics, religion

general freedom ideological culture

Commanding Controversy

Is “Thou shalt create controversy” one of politicians’ Ten Commandments? Is “Thou shalt pass a law to solve every problem” their eleventh?

Meet Arkansas Senate Bill 939, which would authorize placing a monument to the Ten Commandments on capitol grounds. It passed the state senate last week, 27 – 3, and is headed to a similar slam-dunk in the House.

The Arkansas Democrat-Gazette reports that, according to authors Sen. Jason Rapert (R‑Bigelow) and Rep. Kim Hammer (R‑Benton), the effort “should be seen as a way to honor the historic role the biblical text has had in U.S. and Arkansas history and not seen solely as religious.”

No public dollars are involved, say proponents — private money is to purchase the obelisk. Opponents, many testifying, counter that the upkeep will still tap taxpayer money.

Not to mention the certain and certainly expensive litigation over the constitutionality of the endeavor.

I’m not one to shy from a constitutional battle, having launched more than a few of my own. But, well, I think the Ten Commandments might best serve as more than a prop.

Let me offer an alternative that (a) could actually get real people to read the Ten Commandments, no doubt with varied but valuable educational result, and (b) won’t cost the State of Arkansas one thin dime in maintenance or legal fees.

Download a copy of the Ten Commandments here. Share with others.

Reading and talking about the Decalogue has to be far better than picking an expensive fight about it.

No law necessary.

This is Common Sense. I’m Paul Jacob.

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Tags law, religion, religious freedom

crime and punishment education and schooling folly Second Amendment rights

Pop Gun Tart

America is often said to be a land of second chances.

Just not for 7‑year-olds. At least, not when they’re in the public school system.

Back in 2013, a boy then in second grade in Anne Arundel, Maryland, was suspended for two days for what was deemed a “gun-related” offense.

It was also a Pop Tart-related offense.

No, he didn’t shoot a Pop Tart; he bit his Pop Tart into the shape of a gun. There’s a dispute as to whether he then pointed the high-calorie weapon at the ceiling or at other students. Either way, unless the strawberry filing was piping hot (it wasn’t), there wasn’t really anything to fear.

Still, school officials pretty much freaked out.

Of course, the incident did occur just months after the Newtown, Connecticut, school shooting, when six- and seven-year-olds were feeling the full weight of adult hysteria about guns, pastries, pointed fingers, etc.

Fast-forward to the present: the Maryland lad’s parents are still fighting to clear this gun-related black mark from his permanent record, fearful it could damage him even decades from now.

I don’t blame them.

Unfortunately, last week the Maryland State Board of Education upheld the suspension. A spokesperson for the local schools claimed it was warranted because of the lad’s “long history of disciplinary issues,” adding that the school “has gone to every conceivable length to assist that student.”

The attorney for the family says they will appeal.

My kids have been homeschooled, but next year my youngest will attend a public high school. I just hope we can find a good, inexpensive attorney to go with her.

This is Common Sense. I’m Paul Jacob.

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Tags anti-gun hysteria, education, law, Maryland, pop tart gun

crime and punishment folly general freedom nannyism too much government

America’s Twilight Zones

On Friday I lamented the picking up, by local police, of two children, 10 and 6, for walking home from a local park …

and the subsequent two-month Montgomery County (Maryland) Child Protective Services investigation, which found the parents “responsible” for “unsubstantiated child neglect.”

Left unanswered? Whether parents “may” let their kids walk somewhere without supervision.

There’s no law, of course, against children walking in public without parents. But the “swarms of Officers” employed “to harass our people” aren’t limited by trifling things like laws.

This Kafkaesque episode reminds me of my experiences with campaign finance agencies.

In both cases, agencies rely upon meritless complaints to investigate, intimidate and impoverish people without any law being broken. All that’s required? An unelected bureaucrat’s arbitrary decision.

Take Lois Lerner. She ran the IRS division targeting conservative groups. Remember her allegedly lost emails? Irretrievable! Until someone actually looked for them.

Before violating people’s rights at the IRS, Lerner did so heading the Enforcement Division of the Federal Election Commission (FEC). A recent George Will column detailed her threats and very public and politically damaging harassment of Al Salvi, the Illinois Republican candidate for the U.S. Senate. Sure, he was fully acquitted in federal court … after his defeat.

Using a spurious complaint by former Rep. Mike Synar (D‑Okla.), Lerner launched a political persecution against U.S. Term Limits, costing us nearly $100,000 in legal fees and much more in dislocated time and manpower.

Finding no evidence — there was none to find — the FEC finally closed the matter. But agency officials still issued a news release proclaiming that they believed we had violated the law.

An Oklahoma newspaper headline read, roughly, “National Term Limits Group Broke Law, Says FEC.”

Talk about “unsubstantiated.”

This is Common Sense. I’m Paul Jacob.

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Tags abuse, ballot access, courts, law, legal

crime and punishment folly judiciary

Contemptible Court

Judge Tim Grendell missed his calling. Given his dictatorial impulses, he should have been a Soviet commissar or ancient Egyptian vizier. O, but for time, and place, and the mismatches of metempsychosis!

Grendell has lashed out punitively at Nancy McArthur, chairman of the Geauga County (Ohio) Republican Party, for seeking to undermine his authority with “vile” criticism. What happened? Did she interrupt courtroom proceedings with her aspersion-casting? Shout obloquy as he sought to instruct a jury?

Nothing like that. McArthur was never in Grendell’s court.

She did badmouth the judge, however … in private conversation.

The person McArthur was talking to is involved in a case presided over by Grendell, and, in a private email, reported on McArthur’s comments. Grendell, somehow, got hold of that email.

His response? Slap a subpoena on McArthur, demanding that she show cause why she should not “be held in Contempt of Court for making vile, contemptuous, slanderous, and insulting language directed at the Judge which reflects negatively on the integrity of the Court and impedes the Court in the administration of justice.…”

Yikes. McArthur was actually threatened with incarceration for speaking of this judge as if he were the type to do the sort of thing he did. Fortunately, his attempt to hold her in contempt has been blocked by an appellate court.

This isn’t the first time Grendell’s judicial reach has exceeded his ethical and constitutional grasp. Guilty of outrageous malpractice, he deserves a boot — to his rear, ejecting him from the bench.

This is Common Sense. I’m Paul Jacob.

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Tags courts, judge, law, misconduct

general freedom ideological culture nannyism national politics & policies too much government

Marriage Savings

Paul Jacob on how governments can save money, and clean up the marriage business, too

We’ve all seen lawmakers yammer on and on about how they want to “streamline” government, or “save the taxpayers money.”

But they rarely show us much for all the talk.

Paul Woolverton, writing this weekend in the Fayetteville Observer, noted one such lapse after the North Carolina Senate voted to create a law to let magistrates “opt out of conducting any weddings if they have a religious objection.”

The problem? “No one in the debate,” Mr. Woolverton asserts, “questioned the underlying premise that a magistrate or clergy member is necessary to seal the marriage contract.”

The involvement of the state in the marriage contract biz is unnecessarily complicated, he explains. “As fiscal conservatives,” Woolverton insists, they could have taken the opportunity to ask something more fundamental:

A man and a woman pay the government $60 to get a government-approved marriage license. Why should they then have to visit another government office and pay the government another $20, or hire a government-designated third party for a fee or “donation,” to finalize their marriage contract?

Woolverton suggests streamlining the process: “… [G]overnment should make its involvement the least intrusive it can be. It should record marriages when couples visit the Register of Deeds to buy their marriage licenses.”

And that’s it.

Betrothed couples can legally testify to meeting any and all state requirements — and officially inform the state of their pre-marriage and married names.

Those who want the services of a priest or rabbi or preacher or imam can hire one, or cajole one. Or two.

That’s just not state business.

This is Common Sense. I’m Paul Jacob.

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