A Statement of Responsibility…and of Consequences

‘Way back in 1969, the University of Notre Dame’s then-President Father Ted Hesburgh had this to say about the consequences of student disruptions [emphasis in the original]:

Now comes my duty of stating, clearly and unequivocally, what happens if…. Anyone or any group that substitutes force for rational persuasion, be it violent or non-violent, will be given fifteen minutes of meditation to cease and desist…. If they do not within that time period cease and desist, they will be asked for their identity cards. Those who produce these will be suspended from this community as not understanding what this community is. Those who do not have or will not produce identity cards will be assumed not to be members of the community and will be charged with trespassing and disturbing the peace on private property and treated accordingly by the law.
After notification of suspension, or trespass in the case of non-community members, if there is not within five minutes a movement to cease and desist, students will be notified of expulsion from this community and the law will deal with them as non-students.
There seems to be a current myth that university members are not responsible to the law, and that somehow the law is the enemy, particularly those whom society has constituted to uphold and enforce the law. I would like to insist here that all of us are responsible to the duly constituted laws of this University community and to all of the laws of the land. There is no other guarantee of civilization versus the jungle or mob rule, here or elsewhere.

It must be noted that Hesburgh’s consequences are just as applicable to today’s crop of school professors who participate in such disruptions.

It’s too bad that today’s school administrators lack Father Hesburgh’s clarity and moral courage in executing the duties attached to school administration.

Yet Another Example…

…of Progressive-Democrat President Joe Biden’s disregard for our Constitution. This one comes from the supposedly independent Equal Employment Opportunity Commission of Biden’s Executive Branch (we know what the statute says; we also know who appoints EEOC commissioners). The EEOC’s latest rule

elevates gender identity as a protected class under discrimination laws like race, sex, and religion.
Prohibited harassment includes “repeated and intentional use of a name or pronoun inconsistent with the individual’s known gender identity (misgendering) or the denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity,” the new regulatory document declared.

This is the Federal government attempting to dictate to Americans operating private enterprises what they must say. This is a direct contradiction of our Constitution’s 1st Amendment requirement that Congress shall make no law…abridging the freedom of speech…. Of course, this limit applies to the Executive Branch, also.

Congresswoman Claudia Tenney (R, NY) emphasized the Biden administration’s hypocrisy in her own response to this…overreach:

They can’t tell you [that] you have to say the Pledge of Allegiance or stand for the flag. And so forcing someone to actually use pronouns that they don’t choose to use, and then holding your employer liable, to me, is going to have First Amendment problems.

It’s also a contradiction of our Constitution’s 10th Amendment which is even clearer:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

In our Constitution there are no powers conferred on the Federal government authorizing it to compel particular speech. Indeed, compelling speech is the same as abridging speech, since forced words take the place of barred words.

And none of this even begins to approach the idiocy of setting gender ideology above the facts of biology.

It’s a Start

Congresswoman Claudia Tenney (R, NY) has proposed three things that need to be done in response to the antisemitic bigotry and pro-terrorist disruptions currently running rampant at colleges and universities across our nation.

  • go[] after nonprofits that are funding the protests
  • go[] after the tax status of universities that do not crack down on the protests
  • hold[] students and professors accountable for the protests

Regarding what constitutes holding folks accountable, Tenney added this:

Expel these students, deport the students who are foreign students who are acting in this way, and get rid of the professors.

Absolutely.

However.

There are two things that need to be added to Tenney’s list. One is to cut off all Federal transfers to those colleges and universities: all subsidies, all research or other grants, all student loan guarantees. Don’t just stop with tax status moves.

The other thing is to actually do these four things. A Critical Item first step here is to get relevant legislation proposed in both houses of Congress. And then follow through on that legislation.

Trusting the Department of Justice

The level of trust is such that several States are explicitly barring DoJ personnel from those States’ polling places in the November general elections.

When the DOJ announced that it was sending election monitors to polling sites in multiple states for the 2022 midterm elections, Florida and Missouri said that the department employees would not be permitted to observe the polls. Now, eight other states have said that they will also not allow DOJ election monitors to enter polling sites during the election this November, with some saying that banning them prevents federal interference in elections.

Unfortunately, those States are entirely justified in barring officials of a “Justice” Department that accuses traditional Catholics of being right-wing extremists and treats mothers objecting to wokeism in their children’s schools as domestic terrorists, and that routinely lies to the FISA court in its pursuit of surveillance warrants against American citizens, that pursues cases in Article III courts seeking to overturn voter-protection laws, and that has run guns to Mexican drug cartels.

It’s also the case that today’s Progressive-Democrat nominated and populated DoJ is substantially the same as the post-2008 elections Progressive-Democrat nominated and populated DoJ (the names are different, but the bias and the ideology are the same) that refused to prosecute two members of the New Black Panther Party who were engaged in armed voter intimidation at the entrance to a Philadelphia polling station.

This is an indication of how far the believability of the DoJ has deteriorated.

Backwards

The arrogance of the Biden-Garland DoJ is on full display with its continued refusal to provide the audio tapes of the Hur-Joe Biden interviews.

The Biden-Garland refusal, through Garland’s Assistant Attorney General Carlos Uriarte, in their letter to the House Judiciary and Oversight Committees that require the tapes:

We have repeatedly invited the Committees to identify how these audio recordings from law enforcement files would serve the purposes for which you say you want them[.]
We have also repeatedly urged the Committees to avoid unnecessary conflict and to respect the public interest in the Department’s ability to conduct effective investigations by protecting sensitive law enforcement files. The Committees have repeatedly failed to explain your needs or to demonstrate respect for the Department’s law enforcement functions[.]

Nor Congress nor any of its committees have any obligation to satisfy the demands of the DoJ. The obligation runs in the opposite direction: the DoJ must satisfy the Congress and its committees of the reasons why it cannot—not does not want to, but cannot—turn over the materials called for by the Congress or any of its committees.

If Biden-Garland are truly interested in avoiding unnecessary conflict, they will instruct the DoJ to stop forcing one and turn over the tapes. If they continue to refuse, then the House Judiciary and Oversight Committees must formally subpoena the tapes, if they have not already, promptly move to hold AG Merrick Garland in contempt of Congress over this refusal, and then withhold funding, including salaries, from the Office of the Attorney General and from the White House Office until the contempt is satisfied.

Regarding respect for the Department’s law enforcement functions, this is especially risible. If the Biden-Garland DoJ wants to be respected and wants its law enforcement functions to be respected, they must behave respectably. The former would begin by turning over the tapes without any further stalling. The latter cannot begin to behave respectably until there’s a complete replacement of those functions’ top managers, teams that variously lie to or condone lying to FISA courts, and who have accused traditional Catholics of dangerous extremism, accused mothers objecting to school board woke policies of being terrorists, and on and on.