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.

Gun Control

Progressive-Democratic Party Presidential candidate Michael Bloomberg is a strong fan of gun control to the point of, ultimately, seizing all of our guns.  He’s even running a Super Bowl ad to that effect. Tim O’Brien, one of Bloomberg’s senior campaign advisors even says about the ad and its gun control subject,

This [gun question] is something that touches families. It most profoundly touches communities of color.

You bet it does. Gun control was something enormously expanded by the Democratic Party to disarm newly freed blacks so they could more easily be lynched by the Democratic Party’s KKK.

Now the Progressive-Democratic Party, and its leading politicians, want to continue that disarmament; they want to prevent blacks, and Hispanics in this 21st century, from being able to defend their families from thugs; they want to maintain gun free zones so people of any skin color or religion are unable to defend themselves.

Nothing to See Here

Recall that in the aftermath of an initial Flynn pushback against the charges against him, the prosecutors in his case withdrew their recommendation for a lenient sentence and demanded significant jail time.  Recall further that in response to that, Army Lt Gen (ret) Michael Flynn has moved formally to withdraw his guilty plea with an excoriating list of prosecutorial and FBI transgressions as his grounds.

Among the misbehaviors listed in Flynn’s plea withdrawal motion are

  • no actual record of Flynn’s statements to FBI agents exists
  • the original handwritten FD-302 witness report from a critical FBI interview is “missing”
  • subsequent versions of that 302 have been “edited” by allegedly anti-Trump FBI officials

In response, those same prosecutors now have withdrawn their harsher sentence demand and said they’d accept probation and no jail time.

They’ve been caught persecuting Flynn rather than prosecuting him, and they don’t want to have that exposed in open court. They’re hoping they can buy off Flynn with this latest move.

Move along.

Criminalizing Speech

That’s what a Progressive-Democrat President Elizabeth Warren would try to do.

She would also lead a charge to criminalize the mere spreading of false information about the process of voting in US elections.
“I will push for new laws that impose tough civil and criminal penalties for knowingly disseminating this kind of information, which has the explicit purpose of undermining the basic right to vote[.]

She masquerades her initial move as a criminalization of false claims concerning when and how to vote, but she ignores the fact that it’s already illegal to interfere with an election; there’s no need for additional laws.  She also declined, as Progressive-Democrats do regarding all efforts to regulate, to identify her limiting principle.

This is just an opening move to a broader speech censorship effort by the Left.

The…foolishness…of such an effort is illustrated by commentary concerning her plan. Senator Rand Paul (R, KY):

Would this apply to the tall tales you tell and those networks allow @ewarren?

Jeff Blehar of the National Review:

Elizabeth Warren is an American Indian. Go ahead Liz, charge me.

No, this is yet another example of the utter contempt in which Progressive-Democrats hold us deplorable average Americans. We’re just too stupid to do our own sorting of accurate speech from inaccurate speech from deliberately inaccurate speech. Our Betters must do this for us.

It’s also a very short step from there to criminalizing all speech of which this or that party disapproves, and from there it’s an even shorter step to criminalizing all speech of which this or that person in power disapproves.