The Equal Rights Amendment

The Wall Street Journal‘s Editorial Board noted in their Valentine’s Day editorial that the time limit for ratifying the ERA has long passed its expiration date and that Virginia’s lately “ratification” of the Amendment, which might have put the thing over the top for national ratification, came much too late to have effect.

On the whole, I agree with the Editors.

However, on this, I strongly disagree:

The ERA also isn’t necessary today. America in 2020 is a very different place for women than it was when the ERA was written. Laws bar discrimination against women in all walks of life, and women are CEOs, Senators, and the Speaker of the House.

Laws are nearly as easily undone or allowed to go fallow as they are enacted. Our Constitution is much harder to ignore or change–as it must be. Principles that are enacted as statute aren’t, at bottom, principles; they’re merely today’s view of things. On the other hand, principles need to be written into the Constitution if they’re to have lasting effect.

Back to the ERA: it was unnecessary when it was proposed in 1972; that it’s unnecessary today is irrelevant. Article I of the 14th Amendment does the job just fine, especially in the hands of textualist judges and Justices.

Happy Valentine’s Day, a few days after the fact.

Disappointing

Senator Joe Manchin (D, WV) is defending his vote to convict President Donald Trump during the impeachment and trial fiasco of the last several weeks. In the course of that defense, Manchin says he wanted to see more information from Trump and his defenders. In the course of that, he tweeted [emphasis added]:

I’ve read the transcripts thoroughly & listened to the witnesses under oath. Where I come from a person accused defends themselves with witnesses and evidence. Where I come from a person accused defends themselves with witnesses and evidence.

No, Senator Manchin.  Where I come from—the United States of America—a person accused doesn’t have to do that; it’s on the accuser to prove his accusations.

Full stop.

Manchin should know better.

Leave alone, Jobs, Respect

Ex-Chicago Mayor and ex-President Barack Obama Chief of Staff Rahm Emanuel (D) cried out in a Wall Street Journal op-ed earlier this month that Progressive-Democrats are “blowing their chance,” the central theme of which was that the current crop of Progressive-Democrat Presidential candidates seemed to be running against ex-Progressive-Democrat Presidents Bill Clinton and Obama, rather than the current President, Donald Trump.

A Letter to the Editor writer in Friday’s WSJ took issue with Emanuel’s piece; this part in particular drew my attention.

Donald Trump is on the edge of doing more for black Americans than Mr Emanuel’s party has done for decades. He’s leaving them alone, giving them jobs, showing them respect.

I agree with the letter writer (RTWT), but I do have one small correction here. Giving minorities things is what Progressive-Democrats—like Emanuel—do, in order to keep those minorities trapped in the Progressive-Democrats’ welfare cage. Trump is creating opportunity and helping black Americans—all minorities—get second chances after sometimes serious mistakes, find their own jobs, be able to make their own way.

And you bet Trump is otherwise leaving them alone. This is wholly unlike the Left, even more generally than its Party, which hektors, when not outright smearing, blacks for not adhering to Party, not voting correctly, and thereby being good blacks.

Opportunity, actual help rather than giving things, no soft bigotry of low expectations—that’s true respect.

There was this, also, from Emanuel in his missive:

The next nine months will present our raucous coalition a rare opportunity to establish a new Democratic “metropolitan majority” that could last for years.

This is very illuminating. It makes explicit the Progressive-Democrats’ utter contempt for tens of millions of Americans—those of us citizens who live in flyover country.

Overcomplexifying

European pundits are doing that vis-à-vis US-Ukraine relations, if Deutsche Welle is any example.  SecState Mike Pompeo is headed to Ukraine to discuss a number of items centered on how we can extend our support for and of Ukrainian sovereignty and territorial integrity, and this is supposed to be an especially complicated visit.

Analysts say Ukraine has become “toxic” for the US [based on the current impeachment/trial process of President Donald Trump], and that contacts at various levels have become more difficult and more restrained.

Leave aside the question of what analysts—these are carefully unnamed—and the question of who in either administration are saying contacts are more difficult and restrained, and there’s nothing left in this claim. There’s only the fact that our head diplomat after the President is headed there, just a few short months after the last contact between Trump and Ukrainian President Volodymyr Zelenskiy.

The situation is further complicated by the fact that it extends beyond just government officials. Two former prosecutor generals in Ukraine, Viktor Shokin and Yuri Lutsenko, both discussed the Biden case with Trump’s personal lawyer, Rudy Giuliani….

Not further complicated at all by this. This bit is wholly irrelevant to Pompeo’s trip; the complication exists only in the minds of those anonymous analysts.

The posts of Special Envoy to Ukraine and Ambassador to Ukraine remaining vacant is hardly a complication, either. The Special Envoy isn’t required (and never was), and the embassy is ably handled by the deputy ambassador and the ambassadorial staff in Kyev. Sure, it would be useful to fill the Ambassador slot, but nothing is held up by its being empty.

Even the disagreement between Pompeo and a newsperson is being held up by these pundits as a complicating factor. Never mind that that is a purely domestic matter or that members of this administration—and prior ones—are involved in disagreements with our press as a matter of routine.

There’s this, too:

The Minsk peace accords are bound to be one of the central issues during Pompeo’s visit to Kyiv. At a summit in Paris in December 2019, Washington praised Zelenskiy’s efforts to restart the faltering peace process. In the coming weeks, Ukraine will implement political agreements concerning the special status of the separatist areas around the cities of Donetsk and Luhansk, and prepare for local elections scheduled for the fall. In the past, people took to the streets to protest the agreements, calling the accord a “surrender” to Russia.

Minsk is, indeed, Merkel’s betrayal of Ukraine and at best a partial surrender by Ukraine to Russia.  What should govern the situation is the prior Budapest Memorandum, a collection of three agreements in which the US, Russia, and the UK guaranteed Ukraine’s territorial integrity if the latter gave up the nuclear weapons the Soviet Union had stationed there prior to its collapse and disappearance. Ukraine did, bringing the guarantee into effect. That Germany was not a signatory does not make Merkel’s betrayal any less; that only made it easier.

Russia subsequently welched and invaded Ukraine, partitioning and occupying Crimea and two eastern oblasts.  The Obama administration then betrayed Ukraine by refusing to answer Russia’s invasion and further by refusing to give/lease/sell/transfer in any way the weaponry Ukraine needed to resist the Russian invasion and defeat it.

This is the situation Trump and Pompeo are trying to repair.  None of those pseudo-complications have anything to do with any of this.

“The ‘Corrupt Purposes’ Impeachment”

The Wall Street Journal offered some thoughts along these lines re the current impeachment trial.

Especially pernicious is the new House “corrupt purposes” standard for removing a President from office.

“Corrupt Purposes,” though, isn’t the only failure of this so-called impeachment that’s being tried in the Senate.  Just as pernicious, certainly far more dangerous, is Progressive-Democrats’ repeated (including Wednesday afternoon by Jerry Nadler in his presentation before the Senate) demand that Trump produce documents, witnesses to prove his innocence.

This attacks the very core of American jurisprudence; it sets every American, not just a Party-hated President, at direct, personal risk.

It’s dismaying that the NLMSM, not the WSJ alone, wholly ignores this unAmerican attack on one of our foundational principles.