Barrett Rainey's Second Thoughts

In one week. The Affordable Care Act is upheld by the nation’s highest court – in the process assuring more frantic right wing attacks to end its life-saving existence. The same court then cast aside unconstitutional – and poorly argued – barriers to universal marriage. And the Confederate flag – long regarded as a defining symbol for 13 states in our nation – is suddenly being swept into the dust bin of history as an icon of slavery.

In a week!

It would be hard to find a single period in the last 100 or so years in which so much of the basic societal tapestry of this country was so drastically altered. In one week!

Then the inspirational coda: America’s first Black president, in the pulpit of a Black church that had been tragically assaulted, summing up those days – and that deadly assault – in 35-minutes of classic oratory, climaxed by his breaking into song and leading the congregation – and much of the nation – in the classic hymn “Amazing Grace.”

Others, with a better grasp of the English language than mine, are struggling to recap the historic political, legal, social and racial meaning(s) of all this. I wish them well. The after-effects will linger for a long, long time as they reflect and attempt to define.

One of the facets of all this capturing my attention has been watching reactions to both those whose causes have been vindicated or upheld and those who’ve seen their opposition to all this overridden legally and morally.

In a general sense, the vindicated have been happy, ecstatic, joyful, prayerful and – above all – gracious. Those in the first person, who’ve had their lives and social conditions changed for the better, have generally not been angry or expressed vindictiveness or scorn for either the process or for those who forced them into our courts for relief.

The same cannot be said for many of those who found little support for their views in our highest court. Among our Republican presidential aspirants, for example, Bush and Rubio came closest to a civilized response, expressing anger and disappointment while admitting laws of the land had been changed in proper and accepted ways; the nation needs to adjust and move on.

But Mike Huckabee – the only ordained minister and “man of God” among the GOP presidential contenders – spoke for many of his supporters and those of other candidates in a totally unfounded way regarding the gay marriage ruling. Said the “pastor:” “This flawed, failed decision is an out-of-control act of unconstitutional judicial tyranny.” Vindictive. Angry. Scorn-filled. Wrong.

Time was, you took your issue to the courts, argued your best case, presented your best evidence and placed that issue in the hands of a judge or judges. The outcome, whatever it was, was the outcome. You either accepted it and went on your way or you regrouped and began your judicial journey again, hoping for a different verdict. You did not reject the decision and you did not insult those who decided it. Now, we have elected officials urging people to “ignore” or “pick-and-chose” which laws/decisions to obey and which to disregard. Wrong headed. Dangerous. No nation – no society – can exist when laws become “suggestions” or are ignored because someone doesn’t agree.

In a most basic way, the U.S. Supreme Court exists for a single purpose: to measure issues before it to the justices’ interpretation of the U.S. Constitution. Justices aren’t tyrants. They aren’t “out-of-control.” Their decisions – whether you agree or not – are not failures despite whether your argument prevailed or lost. Those decisions are deemed to be the legal application of the Constitution by the court and are not “unconstitutional” unless subsequently proven so in another case.

Huckabee is not the problem. But he certainly is symptomatic of the way things political have been conducted in this country for too long. One group – usually Democrat – trying to do something which the other group – usually Republican – has attempted to stop the issue under discussion. In the case of the Affordable Care Act – most of which has been upheld twice now by SCOTUS and victorious over more than 50 failed legislative challenges – Republicans have not offered a version of their own. Not one. But Speaker Boehner says the efforts to eradicate ACA laws will continue. So much for acceptance.

As for the gay marriage decision, many GOP governors are telling state officials to either ignore the SCOTUS finding or not honor it by not issuing licenses until new state laws (doomed to ultimately fail) can be written and enacted. One governor even says he’ll introduce legislation to stop ALL marriages in his state. Acceptance? Gracious? Scorn!

Republicans nationally are slipping into a posture of irrelevance in politics. The courts – the demographics – the country – are changing. Foot dragging, obstinance, unrestrained opposition, angry epithets, unsubstantiated challenges to our legal system, futile efforts to swim against the tide of public opinion of reasonable gun laws, immigration and other issues will assure reduced GOP influence on this country’s direction. All of that is confirmed by overwhelming evidence.

Quietly looking back, that presidential coda to the week’s nation-changing events seemed to have even more relevance far beyond the walls of a South Carolina church than a local eulogy for a local pastor. In an often plain-spoken way – in an often soaring use of the English language – the President tied all these events of joy, anger, sorrow and tragedy into a tapestry of acceptance and hope this country has rarely seen.

Whatever your politics – whatever your personal beliefs – whatever your religion – whatever your ethnicity or race – if you haven’t heard the President’s words – all the President’s words – please search the I-net for the Pinckney eulogy. Set aside your worldly joys and concerns for 35 minutes. Watch. Listen.

The massive change our society has undergone in recent days is reason enough to take the time. Trying to understand what all this change means for the future makes it absolutely essential.

Tags: Confederate flag, gay marriage, Mike Huckabee, presidential candidates, same-sex marriage, Supreme Court
Posted in Column | | Comments Off on The week that was

In the wake of the bloody church massacre in South Carolina, this nation – with the electronic aid of a frantic national media – is entering into an asinine debate: the end of Confederate flag displays. The mindless media is busy taking quotes from people who haven’t thought the issue through or don’t see the racism of it’s own such action represents. Breast beaters and vote chasers. Or both. Mindless because banning the Confederate flag from flying in the so-called Confederate states is not likely.

Commonly accepted use of the words “Confederate states” says it all. Yes, the North won the war. At least on the battlefield. But, to millions of Americans in the South, their former flag is still the most powerful visible reminder of their true history. Offensive to most of us? You bet! But, to many of them, it’s history and tradition. Racist representation? To some, I’m sure. But not to many. Not as is to the rest of us.

Then there’s this. Can you say “First Amendment?”

Freedom of speech is not “freedom of good, likeable speech.” Freedom of speech is all speech no matter how distasteful – no matter how wrong – no matter how hateful. Whether our founding fathers intended it to be that way, I don’t know. But for 239 years, the nation’s courts have pretty much interpreted the issue to include nearly every utterance. It exists to protect the speech you don’t like – not the speech you do.

Yes, the U.S. Supreme Court recently let stand a lower court order to remove the C-flag from license plates in Texas. Keep an eye on that because I doubt those plates will disappear. Just the Texas way of ignoring laws Texans don’t like. Germany outlawed use/display of the Nazi flag many moons ago. But, surf the I-net for a few minutes and you’ll find Nazi flags all over the Fatherland. The rest of the world, too.

There’ll be thousands of hours of time and millions of dollars wasted in various legislatures and Congress as bills are introduced to sweep the Confederate flag into history’s trash can. You can already hear the chest-pounding. Some may become law. For a time. Then will come the challenges in many courtrooms. Taking passion out of the issue, it doesn’t seem reasonable to expect banning the C-flag will be achieved. And, even if it does become the “law of the land,” it’s equally reasonable to expect thousands and thousands of southerners – and racists – will ignore it.

We have a lot of that going on within our borders now. People ignoring law, regulations, rules, human rights, tradition. Even common courtesy. All of us do it. Some by speeding. Some by throwing trash out the window. Shooting off illegal fireworks. Smoking in non-smoking areas. Sneaking liquor into sports activities. Not shoveling snow off our sidewalks after a storm. Drinking underage. Ignoring curfews. And on and on and on. We do it without thinking because we do it so often it’s a matter of course.

Someone once told me a law can be enforced only so long as a majority of people abide by it. One example: a stretch of highway posted at 60 mph. But authorities have found most people drive 70-75. Sooner or later, the speed limit is usually raised. Oregon’s legislators play with that constantly on I-5 and I-84 because state cops have found drivers routinely drive 10-15 mph faster than law allows. We’ll get it raised one of these days. By continuing to break existing law.

There are many instances when most of us who call ourselves “law abiding” actually violate law, ordinances, rules – thinking or not. Sometimes laws are changed to accommodate what has become fact. Sometimes laws stay on the books but enforcement stops. Look at public lands welfare queen Clive Bundy in Nevada. He owes the BLM over a million dollars in unpaid grazing fees but now the feds are talking about writing the whole thing off – much less not enforcing existing contract law.

With police officers being killed at record rates, murders of school children by the dozens, massacred church worshipers in a Bible class, thousands of illegal and unchecked gun sales, hundreds of unpunished Wall Street crooks damned near wrecking this nation’s economy still enjoying their freedom, illegal protests in our streets, racists ignoring our first Black president’s good works while spreading unbridled trash at will in social/public media, a Congress ignoring laws requiring voting decisions on declaration of war for more than a decade, a government operating on a federal budget that hasn’t been changed, updated or even thoroughly reviewed for years. Wanna keep going? With the exception of the poor and most minorities, too many of us break laws with impunity.

In their efforts to become our next president, Rick Perry calls the Charleston murders “an accident,” Rick Santorum blames those killings on the current president, Ted Cruz is on the campaign trail cracking jokes about guns and gun control, Mike Huckabee refers to a case of well-publicized incest as just “kids experimenting” and they’ll “outgrow it.” Anyone there you want to install as a new president of a nation already having problems of civic order?

If all the money and all the time and all the talent sure to be wasted on futile efforts to outlaw display of the Confederate flag could be directed to some more useful civic purpose, we might get a handle on some of the other, vastly more important issues going unchecked in our nation. I’m sure even ol’ Bobby E. Lee would agree.

Posted in Column | | Comments Off on We lawbreakers

Did anyone but me notice this?

The front page, top-of-the fold banner headline of the Charleston, South Carolina, newspaper today was about the nine people murdered in a local church. Quite proper.

But…..

Affixed to the masthead directly above that headline, was a blue sticker advertisement now commonly used by newspapers everywhere. A sponsor buys it – you read it – you pull if off without damaging the newsprint.

This morning’s sticker ad – above that headline – was for a local shooting range. SHOOTING RANGE!!!

Now, the paper was first printed with the headline of the murders. THEN the sticker was attached by a circulation worker. Whoever did that had to know what the headline said.

That person – the one who applied the stickers by hand or machine – is my nominee for the dumbest ass in the world. Not for today. But for the rest of the year.

Posted in Column | | Comments Off on Another shot

Two disparate story lines in our living rooms these days seem – at least to me – twin warnings about one of the most dangerous failures occurring in our society. Ignoring fact. while believing lies. Maybe you’ve put it together, too. It’s a seeming connection between Benghazi and police shootings.

The dangerous commonality is this: in both cases, hardcore groups have – without fact or even in the face of fact – determined an outcome and will accept no other. Until either faction sees headlines supporting their view – accurate or flat earth crazy – neither will surrender to any other reality.

In the case of Benghazi, there’s that kamikaze mentality among Republican loons that they’ve been lied to from the get-go. They absolutely “know” they’ve been deliberately deceived by Democrats who’ve “destroyed evidence” while creating a Satanic lie about what happened that fateful night in Libya. They “know” “murders” of American heroes have been covered up to save face for the Obama administration. They’ll accept nothing less – not one penny short – of the full “truth” they and they alone have seen since the shots were fired. Benghazi was treason!

And facts? Well, facts be damned! But FACTS there are. And if you know none of the others by which to make a rational, informed decision about Benghazi, all you need to know is ONE fact: there have been six – six – full-on, quite independent investigations costing tens of millions of dollars. The same event has been microscopically examined – beginning-to-end – by a State Department team – another by the Defense Department – a bi-partisan congressional oversight committee – an independent blue-ribbon group given total access to all information held by anyone – two exclusively by Republicans in one guise or another – and the seventh – another Republican witch hunt is currently working feverishly with spades in hand.

But it’s that sixth top-to-bottom scouring by Republicans – led by one of the most Democrat-hating GOPers – that should have buried Benghazi once and for all: the Issa committee. After two years trying to find something – a shred of incriminating evidence against anyone not of the Republican cloth – this last effort to find proof of a foregone belief of “treachery and treason” should have slammed the door. No evidence. Against anyone. Of any political persuasion. None. Zip. Nada. Officially. In writing!

No. No, now there’s yet another GOP-led group going at it again. No matter Issa and his minions have contaminated any future finding from this new bunch. The sounds of shovels can still be heard in the night coming from the GOP caucus room. Supporters – Limbaugh, Beck, Lindsey Graham and others – wait outside in the dark – pitchforks at hand and torches ready to light. They – and only they – know the Benghazi “truth.”

Then Ferguson. And Boston. And Cincinnati. And New York. Nowhere can you find better “how-not-to” examples of ignorant police administration and conduct. Nor a more treacherous display of prosecutorial abuse of office than we’ve witnessed in Ferguson. Conduct of local authorities that’s plainly outrageous. Some will be – and some are- the focus of outside investigations and there’ll be more than a few prosecutions.

And that Benghazi link? As in the case of those determined to create “facts” to justify their absolute certainties of what happened in Libya, so too, in these police shootings, many folks simply decided what “really happened” and will accept nothing less than support for what they “know.” Nothing.

The Benghazi-like similarity I see is with those in the Missouri, Ohio, New York, Pennsylvania streets who – like the D.C. witch-hunters and others with conspiratorial mentalities – will not accept any outcome of any case differing one iota from “facts” they alone know. “Truths” they alone “understand.” Many – far too many – of these folks are unable or unwilling to deal with reality.

When people are determined to disbelieve, they will disbelieve. No amount of fact – no amount of evidence – no amount of truth will alter perceptions. All that can be done is for reasonable people to make reasonable efforts and, when that is done, move on. Talk time is over.

With unlimited resources and the power of federal subpoenas in both hands, Darrell Issa could not overcome the true facts of Benghazi. A superhuman effort in pursuit of an outcome that didn’t exist was a monumental waste of time and money. The destructive crowds in city streets are on a similar fool’s errand.

Issa had only the court of public opinion left. He lost there. Credibility. Integrity. Worthiness. Any residual value to his constituency. He’s a liar and a fool and will have to console himself with just being the richest member of Congress.

Protestors of police actions – if their protests are legitimate – have at least state and federal laws to stand upon and can attract other, more informed and more honest government and private support to their side. They still have a future in which they can prevail. And, maybe change some minds.

But not if they continue to follow other “Issa” delusionists and hold to “facts” legitimately discredited by truth. Reality is not Fox “News.”

Posted in Column | | Comments Off on A cancerous national attitude

Most of us were raised to believe the basic glue of democracy is the rule of law. You can refer to our Constitution, the Bill of Rights, federal and state laws, local county or municipal ordinances or that large stack of regulations some spend a lifetime complaining about. They’re rules. Our rules. All of ‘em.

We’ve learned to live with them. Or change them. Amend them when time or other conditions require – void them when courts decide they’re invalid or unnecessary. Rules, we’ve always believed, have separated us from the uncivilized or the lesser nations that live without them or under “rules” made by some dictator.

More than just having rules, we expect those in public leadership to know the applicable ones and to live by them. Be guided in the conduct of public business and in the conduct of their own lives. Which is why we get angry when they don’t. Like a Dennis Hastert. Or a Newt Gingrich. Or a Bill Clinton. Or a Bob Packwood. Or – well you get the idea.

More troubling to me than these and other public figures who befoul their own nests are the other ones – those in the current crop of “leaders” who know the law, but won’t uphold it, or have vowed to take actions that will directly break one or more laws.

Here are some examples. In Nebraska, the multi-millionaire governor knowingly, secretly and illegally purchased chemicals with which to enforce the state’s death penalty law. He bought them from a foreign country – action which U.S. laws expressly forbid. The Nebraska legislature subsequently passed a bill to eliminate the death penalty which the governor vetoed. Legislature overrode. Now, the governor says he doesn’t give a damn and will proceed with both the illegal poison purchase and what will now be illegal executions. Damn the legislature. Damn the laws he swore to uphold.

Take that goofy teapartier governor of Maine. Please! He’s been flouting numerous laws of his state for the first two years of his term. And now, with the legislature refusing to pass his irresponsible tax reduction bill that would severely damage Maine’s economy, that same nutball has promised to kill any legislative-passed bill that hits his desk – no matter the subject and no matter the consequences – if that bill was originated by Democrats. Damn the laws he swore to uphold.

Then, there’s that little bitty governor of Louisiana who wants to be somebody. Anybody. Even his own party leaders have publically said he should not be president. Well, Bobby has set out to prove his fellow Bayou State GOP brothers and sisters correct. Now, he’s promised to ignore the upcoming decision from the U.S. Supreme Court if said decision upholds the Affordable Care Act, as is expected. The dreaded Obamacare. Bobby says he’ll never let his state be a participant despite SCOTUS. Damn the laws he swore to uphold. Damn the Supreme Court of the land.

Rick Santorum. Removed from the U.S. Senate by voters in Pennsylvania and twice since rejected in bids for public pay. Now, he’s one of the more unqualified among the totally unqualified running for his party’s presidential nomination. He sides with that l’il Louisiana fella against the power – much less the wisdom – of SCOTUS. In his case, the issue is gay rights. Ricky says “SCOTUS is not the final judgement” on the subject, calling the court “a set of liberal judges.”

Rickie scores a Palin award on that one – twice wrong on a single issue. SCOTUS is not full of “liberal judges” and SCOTUS IS the final voice in our system when it comes to the constitutionality of our laws.

There are far too many ignorant scoff laws in our public life. Rather than master a system which has served this country’s legal needs for centuries, they’d sooner play to small constituencies for their own purposes. Rather than conduct themselves in accordance with laws, their personal and professional lives often run counter to them. Is it any wonder so many Americans are “turned off” to politics – that so many won’t participate even as voters – that ignorance and self-service have given us political office holders with little regard for the work to be done while doing and saying anything to preserve their places at the public trough?

These “damn the laws” and “win by saying anything” attitudes are also creating another very real problem for our nation. Good people, who might be outstanding leaders, look at this bunch of political heretics and decide against public service. People with intellectual, academic and personal skills that could restore common sense and civility to our badly abused system of government won’t put themselves forward because they don’t want the abuse. Because they see other good people walking away in frustration. Because they see the public’s disdain for politicians and politics in general. Because they don’t want to risk their futures and their family’s futures in a public service career held in lower esteem than hookers.

Election to public office is the voter’s extension of a contract to the winners. Conduct of those offices is governed by law. If the elected flout those laws – break those laws – or promise such conduct regarding those laws – they should be removed. Quickly.

Our body politic has been badly damaged by the cancers of ignorance, self-service, intemperance, malfeasance and personal greed. Those in public life who renounce the laws by which we are governed are unfit to serve. There’s just too damned much at stake.

Posted in Column | | Comments Off on Damned elected scoff laws