RIP: Herma Hill Kay, Creator of No-Fault Divorce, Destroyer of Traditional Marriage

By Alan W. Cohen

There is one law that neither state legislatures, nor the United States Congress, can destroy. That is the Law of Unintended Consequences, the law that suggests that drastic changes in the status quo might sound good on paper, but in reality lead to disastrous results. So it was with no-fault divorce, and its matriarch, the late University of California-Berkeley law professor Herma Hill Kay, who died last week at the age of 82. Kay, who was three times married, felt that the patriarchal society had imprisoned in her marriage, and wished that all women could be freed to make their own choices. Kay’s problem was not that she was wrong, but that her solution was completely one-sided, creating an full scale war on men that would be the focal point of second wave feminism.

Sharon Presley explains that in a 2015 essay that all Kay and the second wave feminists did was exchange one patriarchy for another. “Libertarians fail to see how women—or men—can be free of domination when they are dominated by a coercive government. If one of the goals of feminism to achieve a society in which women are free to make their own decisions about their own lives independent of the coercive domination of men, we fail to see how a government currently dominated by men is an improvement, let alone feminist.” Presley cites a discussion paper of the Association of Libertarian Feminists that stated in 1975: “…turning to the government just changes the sort of oppression women face, not the fact. Instead of being overburdened as mothers or wives, we become overburdened as taxpayers since child-care workers, doctors, etc., have to be paid by someone unless they are to be enslaved also! Turning to the government to solve our problems just replaces oppression by patriarchs we know—father, husband, boss—with oppression by patriarchs we don’t know—the hordes of legislators and bureaucrats who are increasingly prying into every nook and cranny of our lives!”

As I explain in my new book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce, state and federal coercion has no constitutional validity, but rather is based on the patriarchy of the Anglican Church, where a woman was property of her husband, and confined as the United States Supreme Court said in Bradwell v. State in 1873 to the role of wife and mother.  Religious freedom is forever intertwined in marriage and parenthood, and the state and federal adoption of the canons of a particular religion are directly counter to our Founding documents. Yet, for a century after, the price of confining women to their predetermined role bore squarely on men who, as modern day writers such as Camille Paglia have pointed out, were pushed to take on professions that could daily end their lives And, thanks to Kay, men continued to pay the price as all fifty states adopted her solution, one that permitted women freedom, but continued to place the financial burden of marriage and eventual divorce on both their husbands and their children. Further, as psychologist Barbara Whitehead pointed out in her iconic study, enshrined in her book, The Divorce Culture, women were the instigators of divorce 85 percent of the time, and their reasons had little to do with the actions of their husbands. Rather, women sought some form of nirvana that they called happiness, a place that Aristotle tells us exists only after a lifetime of achievement.

Instead of freedom, all that Kay achieved for women was weakening of both men and women. Permitting the easy escape from a contractual commitment without dire consequences greatly diminished the nature of the bond. Marriages morphed from a lifetime choice to a temporary one. Marriage is hard work. As a result of the no fault divorce, first women, and later men, decided that it is not really worth the effort, and pale in comparison to the emotional strength of their ancestors. Can you picture the spoiled snowflakes of today living in the harsh realities of the 19th Century?
They wouldn’t make it through a single day without folding. Life is not a fantasy. Chick flicks remain stalwart in their romantic belief that the wedding is the beginning rather than the end of the story of life happily ever after. Reality is far from it.

Camille Paglia puts it best when she writes, “women have lost the daylong companionship and solidarity they once enjoyed with other women when they ruled the private sphere. … An enlightened feminism, animated by a courageous code of personal responsibility, can only be built upon a wary alliance of strong women and strong men.”

From her pen to God’s ears.

Alan W. Cohen is retired after more than 25 years as a family law attorney. He is a  blogger and author. He is also the author of the 2015 book, America Solved: A New Family for the 21st Century.

Some of his recent blog posts:

America at a Crossroads: Embrace Freedom, or Accept Totalitarianism

Three Important Lessons I Learned from Georgetown Professor Randy Barnett

Climate Change Non-Deniers Need to Open Up Collective Brains to Capitalism

Can Millennials Save Marriage in America? Studies Say Yes.

Journalistic Ethics is a Myth, Just Like in Any Other Business; Long Live Journalism

Tomi Lahren Touches The Soul of the Libertarian on Abortion Question

 

Simple Health Care Solution Pits Capitalism Against Socialism

By Alan W. Cohen

Are you tired of the bickering in Washington, D.C., over health care? Today, House Speaker Paul Ryan promised real reform even though the House bill is worse than the disease. Yesterday, socialists Bernie Sanders and Elizabeth Warren accused Republicans of causing the death of millions of Americans with their proposals to dump Obamacare. It’s the theater of the absurd.

Over here in Missouri, at the center of our nation, all we know is that our choices for health insurance are dwindling daily as premiums continue to skyrocket. President Donald Trump claims Obamacare is in a death spiral. Democrats and the media claim otherwise, calling out Republicans for forging a new health care bill behind the scenes when that is exactly what the Democrats did in creating it. It’s exasperating. There is truly a complete disconnect. There is Washington and there is reality. Never the two shall meet.

So, what is the solution? How about this: Simplify. We have 35 states that are completely red. We have 15 states that are either completely blue, or some shade of violet. Let them compete against each other. Let the blue states have their Obamacare. Grant a waiver to any state where the number of insurers is noncompetitive, say at least six. Block grant to those states Medicaid funds to cover those without insurance, and suggest strongly that they permit the sale of policies across state lines, and let the free market do its magic. Historically, states have been melting pots of ideas, permitting human creativity to find solutions that certainly no one in Washington. D.C., is capable. States might contract with hospitals to provide services to the poor for far less. States might adopt medical malpractice reforms such that it would entice the best of doctors. States might be competing to attract the best patient care, and thus attract the best businesses, create the best schools, and so on. Heck, states may do without insurance all together and permit providers to sell their services on the open market, just like most dentists have successfully done since they rejected Medicare fifty years ago. The possibilities are endless.

What about the blue states? It’s up to them. Today in the news, the State of Illinois, a blue state, is nearing bankruptcy. And, of course, there is California and New York, each teetering on the ends of socialist policies, raising taxes to such extremes that people are fleeing to Texas and California by the millions. Blue states can continue to commit financial suicide or they can choose. Illinois Republican governor Bruce Rauner has been fighting Democrats to save Illinois from filing bankruptcy since his election three years ago. And he’s losing. Margaret Thatcher said it best. Socialism works until they run out of other people’s money.

When you pit capitalism against socialism, capitalism will win out. Just as it always does.

Alan W. Cohen is a retired attorney, blogger and author. His new book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce is available on Amazon.

Recent blogs:

Memo to Elite Media from Mid-America: We Don’t Care! So, Shut Up Already!

America at a Crossroads: Embrace Freedom, or Accept Totalitarianism

Trump Travel Ban Highlights Political Conflicts Inside American Judicial System

Climate Change Non-Deniers Need to Open Up Collective Brains to Capitalism

Can Millennials Save Marriage in America? Studies Say Yes.

Hear Me Bernie Sanders: There is No Constitutional Right to Health Care

 

3 Requirements That Must Be Met in Order for Trump’s Jobs Plan to Work

By Alan W. Cohen

During his campaign, Donald Trump was about one thing: Jobs. Without much help from Congress, he is doing everything he can to support business investment in America to stimulate job creation. But the President is up against more than fifty years of failed government policies that have all but destroyed the incentive of those seeking to fill those jobs. He is up against fifty years of destruction of what was once called the Protestant Worth Ethic.

Donald Trump is seeing the world through his era, when couples married young and stayed together for life, when there was little divorce, and an unwanted pregnancy was a community-wide shame. This was the time when young men saw their place in society based on their chosen career. Their purpose was clear. Succeed to attract the best of of spouses, and to create a good life for himself and his family. Young men entered high school in search of both. Some, not all, went to college if that dream required a higher education. Others chose a different path, to create, or, perhaps, just to work and survive, without a family.

Those days are long over. Young men entering college today are less likely to see their future because they see college as an extension of high school, one where they are freer to play and party and chase girls, many who are more willing than ever to participate without any promise of a future. The statistics are daunting. According to Nicholas Eberstadt, in his recent book,  Men Without Work: America’s Invisible Crisis, there is a smaller percentage of working age men in the workforce than at any time since the Great Depression, and the trend is continuing on a downward spiral. That explains why home ownership rates are also falling and are at the lowest rate since the Great Depression. Marriage rates continue to fall to their lowest ever. The same can be said for the average length of marriage. Meanwhile the rate of children born outside of marriage continues to climb to upwards of 40 percent, more than 72 percent in the African American community.

As I said in my 2015 book, America Solved: A New Family for the 21st Century, the blame for this disaster falls squarely on the federal government and its insidiously stupid child support policies, policies that are more racist than Jim Crow, and more destructive to the African American community than the Ku Klux Klan. In America Solved, I explain how Lyndon Johnson sought to control the African American vote, and how Johnson ignored the findings of the 1965 Moynihan Report that called for a complete reversal of a Kennedy administration policy that not only legislated single-parent families, but required the evicted husbands to pay back to the federal government the sum it was paying as a condition of his eviction. To summarize, the report said: Poor children have poor fathers and, unless immediately changed, would cause irreversible damage.to the African American family. Yet, as I explain in America Solved, those policies remain in place, and those grim statistics are a natural and logical consequence of Johnson’s policy, one that has expanded to a complete federal takeover of family law in America. Incredibly, federal policy is to incarcerate those that fail to pay the sum as determined by the state government agency or court at a cost that far exceeds their debt, even though more than 70 percent of all child support arrears is owed not to the mother, but the federal government, and 90 percent is owed by men earning less than $10,000 a year. It’s insanity on steroids.

So, the bottom line for President Donald Trump is to do three things that he alone can do from the Oval Office without a Congress that has been hell-bent for more than fifty years to continue its socialist expansion:

  1. End Mass Incarceration: Send a message to those men, especially those in poverty and those in the African American community that you hear their cries by issuing pardons to anyone who was ever convicted of criminal nonsupport, and by stopping the funding of federal paid jailing of those convicted. America was supposed to have banned debtor’s prisons at the turn of the 19th Century, but recreated them with the ill-fated 1996 Welfare Reform Bill.
  2. Stop Collection of Government Owed Debt for Back Child Support. As I explain in America Solved: A New Family for the 21st Century, federal law does not permit this debt (unlike back taxes) to be discounted, or in any way forgiven, despite the fact that 90 percent of those who owe it are the same chronically poor that the Welfare program was supposed to help. While President Trump is forbidden from forgiving the debt, a hiatus on all collection efforts will create a momentum that future presidents will have to continue. As well, it will shine a light on this incredibly stupid and racist policy.
  3. Push Male Contraceptives: Only Congress can reverse the illogical belief that men have any control over procreation, and thus should be punished for creating children they cannot support. Condoms are insufficient and the CDC claims only a 5 in 6 success rate. Big Pharma is reluctant to invest in new, inexpensive methods for both the Male Pill, and especially an inoculation procedure created by a doctor in India that would physically block sperm from being ejaculated with the remainder of the semen, a procedure that could be reversed with a similar inoculation.  By forcing these medical procedures and drugs into the open market, and even pushing its distribution, President Trump would be telling these young men that they can live their lives without the fear that their success will be punished. Current child support policies are outdated, and, as I explain in my 2017 book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce, unconstitutional. Those policies assume that people will continue to earn more as they get older, and project that higher income on any person who is not presently earning that amount, despite the fact that, if that assumption were ever true, it hasn’t been for at least a generation. As a result, men are saying to America in the most passive aggressive way possible: Why bother? Better to hang around their parents’ house, play video games and get high.

If President Trump wants young men in America to sign on to his program, they must have the idea that he has their back, that he understands their plight. But mostly he must create the incentive for success that is sorely missing in our great nation. They must be free to find their purpose in life, and free to pursue their happiness. Mostly, however, they need to know that the hard work will be worth it. While you cannot reverse fifty years of bad policy overnight, these three measures will be a start. Congress has been asleep at the wheel or headed in the wrong direction, showing no signs of a course correction. That leaves it up to one man. Good luck Mr. President.

Alan W. Cohen is a retired attorney, blogger and author.

Past blogs:

 Why Anti-Sharia Protests Are Misguided

Islamist Victory in Antisemitic Public Relations Battle Spells Doom for Freedom,

Completes Conquest of Europe

75 Notre Dame Students Embarrass Themselves, The University, Their Parents, and Especially America

Trump Travel Ban Highlights Political Conflicts Inside American Judicial System

America at a Crossroads: Embrace Freedom, or Accept Totalitarianism

Can Millennials Save Marriage in America? Studies Say Yes.

Susan Rice and Unmasking: Where is the Democrats’ Moral Compass?

Comey Confirms that Hillary the Evil Genius Behind the Trump/Russia Scandal

Why Anti-Sharia Protests Are Misguided

By Alan W. Cohen

History dictates that anti-Sharia protests are both wrongheaded and unconstitutional.

In 1862, Congress passed its first attempt to destroy a religion that competed with the Christian majority. The Anti-Bigamy laws pushed the followers of the Mormon faith outside the boundaries of the states and into a God forsaken land surrounding an undrinkable lake. A decade later, federal prosecutors were hot on the trail of those individuals that continued to live in Mormonism despite federal edicts. In 1879, the case came before the Supreme Court as an unfortunate man by the name of Reynolds was found guilty for the act of practicing his faith as guaranteed under the First Amendment. Unfortunately for Mr.Reynolds, however, the White Christian majority of the Supreme Court did not agree, finding that polygamy was immoral and had no place in Western Civilization. Almost two decades later, Utah was permitted to enter into the Union only on the condition that it ban polygamy.

Fast forward to 2013. Thanks to the work of George Washington University law school professor Jonathan Turley, the State of Utah files with the federal court an affidavit promising to end prosecution of polygamy. That’s right. Despite the furious, but fruitless, prosecutions, polygamy survived, and at the turn of the 21st century became a popular fare in television shows Big Love and Sister Wives. And, what would happen if polygamists demanded the right to license polygamous marriages? Given the Supreme Court’s latest decision on same-sex marriage, as I explain in my new book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce, the federal courts would have no choice but to find that the state has no authority under the Constitution to license marriage, much less dictate the private conduct of those engaged in purely private behavior when it comes to the family. In fact, as I argue in Private Vows, the federal court would have to find that the legal basis for regulating marriage and divorce is a violation of religious liberty because the Supreme Court in 1888 adopted a bastardized interpretation of the Anglican Church’s canons regarding marriage and divorce and made it part of American law, and it did so to promote the same racist and bigoted agenda as the Ku Klux Klan.

But I digress. Why did polygamy survive? As the Supreme Court noted in a late 19th Century decision, prosecuting it required cooperating witnesses, and that would require that those actively practicing polygamy would have to testify. It proved to be an impossible burden. As long as they do no harm to others, or commit no other crime, people who wish to be free to practice their faith will do so even in the face of an intrusive and powerful federal government. The same can be said for those that want to live under Sharia Law. True believers are not going to come forward to testify against violators.

So, what’s the answer to those that fear the voices of those that would oppose the religious liberty of others, and wish to, as the Supreme Court did in the late 19th Century, impose a specific set of beliefs on the rest of the nation? Should we exclude Muslims from entering the country the way that President Trump is supposed to have done with his travel ban? Clearly, we could not even if we wanted to do so. Rather, we must turn to the reason our forefathers came to America in the first place: Freedom. Only by promoting the liberties of others can we truly be free. Only by respecting the beliefs of others can we truly be the nation that our Founders espoused. For those that say that Sharia Law professes hate speech, the answer is more speech, not prohibition. Will those that advocate for Sharia Law ever understand? Of course not. But the same freedom that permits them to worship will be their greatest obstacle to the world domination they desire.

Alan W. Cohen is a retired attorney, blogger and author. 

Recent past blogs:

Islamist Victory in Antisemitic Public Relations Battle Spells Doom for Freedom, Completes Conquest of Europe

Memo to Elite Media from Mid-America: We Don’t Care! So, Shut Up Already!

Trump Travel Ban Highlights Political Conflicts Inside American Judicial System

Three Important Lessons I Learned from Georgetown Professor Randy Barnett

Easter Message: Why Religion is Vital to Maintaining Our Liberty

Susan Rice and Unmasking: Where is the Democrats’ Moral Compass?

Shocker: Sanctuary Cities Now Claiming Federal Funding is an Entitlement

Syria Bombing: Why History Trumps Libertarian Beliefs

 

Islamist Victory in Antisemitic Public Relations Battle Spells Doom for Freedom, Completes Conquest of Europe

By Alan W. Cohen

Congratulations must go out to the propagandists of Islam. For decades, they have used the classic carrot and stick, i.e,  oil and terrorism, to send Europe to its knees, permitting the completion of the Muslim invasion that was last thwarted in the the 17th Century. And as every year passes by they have succeeded in lessening Europe’s guilt over the Holocaust, and its long history of Antisemitism, especially in the United Nations, where as U.N. Ambassador Nikki Haley does daily battle with an anti-Israel bias that would make Nazi propaganda minister Joseph Goebbels proud.  After all, it was Great Britain and France, not the United States, that supported the State of Israel and its fight for independence. As ISIS supporters espoused recently on British television, soon Sharia Law will prevail at Number 10 Downing Street. The conquest will be complete.

While the horrific massacre of young girls in Manchester, Great Britain, should make it perfectly clear to anyone sane that evil lurks among us, it turns out that there are three types of Muslims, ones that openly work for Sharia takeover of the world peacefully, ones that want to use violence to achieve that goal, and the ones that silently root for it. European leaders continue to do their best impersonation of Neville Chamberlain who defiantly waved a copy of the Hitler signed Munich Accords like a white flag of surrender. As British journalist Katie Hopkins observed, the political leadership Great Britain are perfectly willing to have its young girls murdered, or in many instances raped, rather than suffer the consequences of being called Islamophobic. The same can be said for France and the rest of Europe, even Germany, and land where the killing fields of Antisemitism came to a boil just 70 years ago. These leaders are so fearful of the label that they have virtually outlawed truth, if that truth would at all save them from that horrific label.

Yet, with the 2017 UNESCO Declaration,  the Islamist propagandists have achieve their greatest feat in the revisionist history that now stands as the United Nations. Jews have always been the majority in Judea, especially in Jerusalem, where archaeologists are daily finding more evidence to support assertions in the Bible that it has always been the Jewish capital. Recently, they have proven that East Jerusalem is the City of David, where King David and his son, King Solomon, once ruled. From 1967 until present, with the obvious exception of the Obama administration, the United States has stood with its veto power in the increasingly Antisemitic organization. As Nikki Haley has pointed out, the the entire organization is obsessed with destroying Israel, and have become the embodiment of a socialist order that even George Orwell could not have imagined possible. And why not? Coming up on 70 years after its existence, a total of 31 United Nations member states do not recognize the State of Israel: 18 of the 21 UN members in the Arab League, including our allies Saudi Arabia, Qatar, and the United Arab Emirates. After World War II, Egypt took its cues from a former Nazi commander who taught them the ways of Antisemitism, with Yasser Arafat as one of his finest pupils. In fact, since the Six-Day War, it has been Saudi Arabia that has funded the cause of the Arab refugees, creating the fictional cause of Palestinians that their land was stolen, when, in fact, after Jordan occupied the area after Israel’s battle for independence, it systematically destroyed hundreds of synagogues to eradicate any signs of Jewish presence much like ISIS did in destroying ancient Sumerian sites in Iraq.

And yet Islamist scholars have successfully billed the Israelis as the bad guy, pushing the false narrative that Israel is an apartheid state, despite the fact that Arabs participate in the national assembly and have equal rights, while on the other hand, Jews have zero rights in Arab states, and would deserve the same systematic eradication as Christians and homosexuals. And that false narrative has spread across college campuses across America, forcing states to pass laws preventing colleges from boycotting Israel.  Western Civilization is losing the public relations battle. and Joseph Goebbels would have been proud.

Alan W. Cohen is a retired attorney, blogger and author. His new book Private Vows: The Case for Ending State Regulation of Marriage and Divorce is available on Amazon.

Recent Blogs:

Trump Travel Ban Highlights Political Conflicts Inside American Judicial System

75 Notre Dame Students Embarrass Themselves, The University, Their Parents, and Especially America

America at a Crossroads: Embrace Freedom, or Accept Totalitarianism

Easter Message: Why Religion is Vital to Maintaining Our Liberty

Syria Bombing: Why History Trumps Libertarian Beliefs

Is Hillary the Evil Genius Behind the Trump/Russia Scandal?

Journalistic Ethics is a Myth, Just Like in Any Other Business; Long Live Journalism

Susan Rice and Unmasking: Where is the Democrats’ Moral Compass?

 

 

 

 

75 Notre Dame Students Embarrass Themselves, The University, Their Parents, and Especially America

By Alan W. Cohen

About 18 months ago I was truly embarrassed to be a graduate of the University of Missouri-Columbia. I was not embarrassed because of the stated reasons for the protests, as they turned out to be completely fraudulent, but because professors and students alike, particularly Melissa Klick (who soon after would be fired), participated in such a complete disrespect for the University.

I thought that couldn’t be topped. But, alas, thank you to 75 boorish students of the University of Notre Dame.  You did it. I can’t imagine what their parents thought. Here is the Vice President of the United States, given the honor of speaking, to impart the wisdom of his years, of his success, to the eager minds of youthful exuberance. After all, this is one of our nation’s finest institutions, the pinnacle of Catholic colleges, the molder of morality.

How the mighty have fallen. This is the place where Rudy became an icon, where working your butt off just to be accepted, to graduate from such a prestigious college, was an honor in itself. It was where you learned humility. It was where you learned respect, not only your teachers, but your elders, particularly the ones that have succeeded. Mike Pence, whether you agree with his politics or not, has achieved great things, culminating in his election as Vice President of the United States.

To the 75 that walked out on your graduation, what have you proved? That Notre Dame, like so many other colleges in America, is not graduating adults, but boorish brats. If my child participated in that I would do what I had never done; I would spank her, not physically, but emotionally. I would scream at her until she saw what she had done, the embarrassment she caused me, but also how she just diminished the value of the education that we spent tens of thousands of dollars to achieve. Moreover, if I was a graduate of Notre Dame, I would be ashamed. I would be demanding that the students that participated in disrespecting the Vice President immediately apologize or else surrender their diplomas.

To those protesting, there will come a day when you regret your decision to ruin the reputation of yourselves and your university. But you should have thought about that before you acted like idiots because the damage you have done is irreparable.

Alan W. Cohen is a retired attorney, blogger and author. His latest book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce, is available at Amazon.

Prior Blog Posts:

Memo to Elite Media from Mid-America: We Don’t Care! So, Shut Up Already!

Integrity of Rod Rosenstein Shining Beacon in Washington, D.C. Swamp

Trump Travel Ban Highlights Political Conflicts Inside American Judicial System

Climate Change Non-Deniers Need to Open Up Collective Brains to Capitalism

Syria Bombing: Why History Trumps Libertarian Beliefs

Can Millennials Save Marriage in America? Studies Say Yes.

Is Hillary the Evil Genius Behind the Trump/Russia Scandal?

Susan Rice and Unmasking: Where is the Democrats’ Moral Compass?

Journalistic Ethics is a Myth, Just Like in Any Other Business; Long Live Journalism

 

Memo to Elite Media from Mid-America: We Don’t Care! So, Shut Up Already!

By Alan W. Cohen

I speak to you from the breadbasket of American journalism, the University of Missouri-Columbia.  As a graduate from the world’s first, and best, journalism school in the nation, and as a dedicated Libertarian, I think I can speak for my fellow Mid-westerners, deep in Trump Country.

Shut up! We don’t care. We have memories. We know that you didn’t mind it when Barrack Obama did far worse than that you daily accuse Donald Trump. And we know you were embedded in the Hillary Clinton campaign, thanks to Wikileaks. Heck, if either of them were Republicans, you have already had them in prison for their offenses.

It does not matter to us that you have rid us of Bill O’Reilly and the conservative, but rational, thought process that used to be Fox News. We don’t have to watch you. We don’t have to, and who actually does, read the New York Times or the Washington Post. We don’t care.

Here is what we do see. Hysteria. And, hysterical people convince no one of anything but the fact they are hysterical. We know that you have anti-Trumpists deep in the federal government who are willing to leak classified information because they are desperate to retain power. We see you for what you are. We went through this with Ronald Reagan and the Bushes. But times are far different. We can listen to Rush Limbaugh, Mark Levin and Sean Hannity, and read conservative bloggers, or my fellow Libertarians. So, the only people you are convincing is the ones that are were already convinced. So enough already!

And every day it’s something different. Some new minute detail that you blow completely out of proportion in your Group Think echo chamber. We can turn you off, just like I turned off Fox News when they began their program with the feigned Democrat press conference about how awful it is that Donald Trump may have given away some bit of information that might be classified. Wow! Is that funny or what? Here’s a hint: Think Hillary Clinton.

So, Elite Media, look at yourselves in the mirror. What do you do everyday? You get your deep sources, and publish that same classified information. It has been going off for years. I remember learning how Fidel Castro learned about the Bay of Pigs invasion. He read it in the New York Times.

And, you will notice that the polls haven’t budged. We know who you are and we will never believe you. All you are doing is destroying what is left of your credibility. As I wrote in a blog earlier this year, journalism was never what you said it was, fair and balanced. It has always been political. Therefore, it has always been biased. It was you that had to daily convince us that you were seeking the truth, that you could give us context. But that has stopped, and your credibility is now completely gone.

So, when I have my choice between watching the news and watching some boring pregame show before the Cardinals play, I will choose the latter. I vote you off my island. And so do my fellow citizens from the Heartland.

Alan W. Cohen is a retired attorney, blogger and author. His latest book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce, is available on Amazon.

Recent Blogs:

Integrity of Rod Rosenstein Shining Beacon in Washington, D.C. Swamp

Trump Travel Ban Highlights Political Conflicts Inside American Judicial System

America at a Crossroads: Embrace Freedom, or Accept Totalitarianism

Climate Change Non-Deniers Need to Open Up Collective Brains to Capitalism

Three Important Lessons I Learned from Georgetown Professor Randy Barnett

Syria Bombing: Why History Trumps Libertarian Beliefs

Susan Rice and Unmasking: Where is the Democrats’ Moral Compass?

Is Hillary the Evil Genius Behind the Trump/Russia Scandal?

Journalistic Ethics is a Myth, Just Like in Any Other Business; Long Live Journalism

 

 

 

 

 

Integrity of Rod Rosenstein Shining Beacon in Washington, D.C. Swamp

By Alan W. Cohen

If there is one thing we learn everyday from the events that followed last year’s election is that integrity and D.C. politics don’t mix. They don’t even know each other.

Enter Rod Rosenstein. In the aftermath of the false uproar over the firing of the ultimate D.C. insider and self-promoter, the new Deputy Attorney General could teach a lesson to members of the both political parties and especially to members of the elite media. I can see it now. Mr. Rosenstein giving lectures on the subject of integrity, with politicians eagerly awaiting his next syllable of wisdom, while the media on C-SPAN recording it all for posterity, and endless replays for the public to view.

Rosenstein, who in the midst of the most acrimonious political atmosphere in recent memory, enjoyed wide bi-partisan support, having worked in the federal government under both Democrats and Republican administrations, winning confirmation with just a few dissenters in my former party who would refuse to acknowledge the sky was blue if that utterance came from our President. Heck, they might find some conspiracy, and claim discrimination against other colors. Prejudice! Sorry, my creative mind cannot reach into those dark circles where traitors dwell, traitors not to Donald Trump, but to the Constitution. But I digress.

Listen to want Rod Rosenstein told people who were concerned about his reputation:

“I took an oath to preserve, protect and defend the Constitution of the United States. There is nothing in that oath about reputation. If you ask me, one of the main problems in Washington, D.C., is every is so busy running around trying to protect their reputation instead of protecting the republic, which is what the’re supposed to be doing.”

Wow. But it gets even better. Suddenly cast in the spotlight because of his scathing memorandum about the former FBI director, James Comey, friends urged him to get out from under the media firestorm. His response:  “[T]here is no place that I would rather be.” As to the bullying media, Rosenstein said:

“[D]aily newspapers and endless talk shows are not the verdict of history.”

Somebody get this guy on the Supreme Court. I would say run him for President, but I’m afraid he has the one thing that disqualifies him from public office:  Integrity.

Alan W. Cohen is a retired attorney, blogger and author. His most recent book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce, is available on Amazon.

Recent blogs:

Trump Travel Ban Highlights Political Conflicts Inside American Judicial System

America at a Crossroads: Embrace Freedom, or Accept Totalitarianism

Climate Change Non-Deniers Need to Open Up Collective Brains to Capitalism

New Copy of the Declaration of Independence Brings Out the Crazies

Three Important Lessons I Learned from Georgetown Professor Randy Barnett

Can Millennials Save Marriage in America? Studies Say Yes.

Susan Rice and Unmasking: Where is the Democrats’ Moral Compass?

Is Hillary the Evil Genius Behind the Trump/Russia Scandal?

Journalistic Ethics is a Myth, Just Like in Any Other Business; Long Live Journalism

Shocker: Sanctuary Cities Now Claiming Federal Funding is an Entitlement

 

Trump Travel Ban Highlights Political Conflicts Inside American Judicial System

By Alan W. Cohen

During oral argument today, May 8, 2017, before the U.S. Fourth Circuit Court of Appeals, one judge asked the ACLU attorney a basic question that pretty much goes like this: If Hillary Clinton had won and issued the identical order, would that order be constitutional. His answer was telling. Yes, of course it would. But this one is not because of comments made by Donald Trump during the election.

Huh? In my 25 years of law practice, and the multitude of oral arguments at the appellate level, this was a first. Judges are to interpret statutes as written, and, only if there is an ambiguity, do they go further to seek the intention of the legislature. Here was a law in place in the 1950s, used many times by many Presidents, including the second most liberal in history, Jimmy Carter, to ban certain foreigners from entering the country. That is the plain language of the statute. It gives the President not discretion, but absolute authority, to exclude entry from the United States he deems is a threat to national security. Period. There is nothing new here.

Yet, it’s not surprising that the judiciary does what it wants to do on an almost daily basis, each knowing that the legislature is pretty much powerless to stop them from interpreting laws however they wish because a higher court, not the elected officials who drafted the law, had the final say. That is our history. In our Mother Country, law was judge created, and opinions of judges were used as precedent, and ironically, permitted a final appeal in the House of Lords. In France, law was always statutory, and the judges were to follow that strict construction of the written language. America began as a judge driven law and gradually morphed into a statute driven law, all while giving to the judiciary the final say on how that law was to be interpreted.

While there are countless examples, nothing better explains it then the treatment of the Fourteenth Amendment. As Mr. Justice Hugo Black once wrote, Congress explicitly passed the Amendment to nullify an 1833 Supreme Court decision excluding state and local government from constitutional scrutiny as it pertained to fundamental rights. Under that ruling, states were free to establish religions, and violate the fundamental freedoms that had agreed to in their compact, those God-given rights to pursue happiness stated in the Declaration of Independence. But when the matter came before that same Supreme Court just a few years after the passage of the post-Civil War Amendments, the Court decided that no, it didn’t, that, despite its clear language stating otherwise, it was just and anti-slavery amendment. As a result of this judicial overreach, our nation endured almost a century of court authorized religious intolerance and racial bigotry, not to mention gender bias.

So when we complain about activist judges seeing everything through a prism of political party, why should we be surprised? That is how the ACLU could argue that if a Democrat issued the same order it would be valid, but since it’s a Republican, it’s not. That is why the Ninth Circuit Court of Appeals will almost assuredly strike down the ban, not for any legal reason, but because it was issued by a Republican. Based on today’s oral argument, despite that glaring admission from the ACLU attorney, this case can go either way. We just have to determine the political leanings of its court members. The law be damned.

Alan W. Cohen is a retired attorney, blogger and author. His new book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce is available at Amazon.

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America at a Crossroads: Embrace Freedom, or Accept Totalitarianism

By Alan W. Cohen

Americans are in an abusive relationship with their federal government. Note that I don’t use the term victim, because we are in fact conspiring with the federal government to abuse our freedom.

What happens in a personal abusive relationship? One party asserts control, and the other party acquiesces. Soon those actions become comfortable and expected. The more the weaker party acquiesces, the more power the dominant party attains. But, whenever the acquiescing party feels a powerful moment and tries to reestablish some control, there is a violent reaction. It might be physical at the beginning, but sooner or later physical violence becomes necessary to assert control and to reestablish authority. As the relationship steadily becomes more volatile, the acquiescing party has a choice. Give in or leave.

Americans now face a similar choice.

As a Libertarian, I am appalled at the lack of outrage of the news media and the population in general about how the Obama administration was spying on tens of thousands of Americans, just as I was outraged how Hillary Clinton got away with a crime that would have landed almost anyone in federal prison for life. For my old party faithful, this is exactly what is wrong with you. You have no moral authority.

Yet, with the new health care bill, Republicans appear no better as they struggle to deal with this dependency on the abuses of government, and an electorate suddenly uneducated in the freedoms that we declared when we broke away from the Mother Country. It was in that Declaration of Independence that we asserted our God-given rights that were so fundamental that we could would not give our elected officials the authority to violate them. But that is exactly what we did. In my book,  Private Vows: The Case for Ending State Regulation of Marriage and Divorce , I document the history of Americans surrendering their freedoms to what had become a Christian theocracy. Remember when you were not allowed to open you business on Sundays without special permission from the state? Remember how you were not allowed to buy alcohol on Sundays because that was the Christian Sabbath?

Yet, while Americans believed they were ridding themselves of state control in the 1960s, all we were doing was exchanging their Christian government for a national socialist one, the beginnings of cradle-to-grave control over our daily lives. Day by day, little by little, a growing segment of the population began to realize that there was no point in trying to succeed. And, as I explain my 2015 book, America Solved: A New Family for the 21st Century, government began to punish men for success, while at the same time, with the Child Support System, punishing poor men, especially African Americans, for the crime of being poor, creating a new form of slavery.

Now in 2017, Nazis have reemerged on college campuses, rioting and refusing to hear speakers with which they disagree, and the national media celebrates it, just as they looked the other way with Hillary Clinton’s felonious activities and Barrack Obama’s KGB- type spy program.  With the election of Donald Trump, America has temporarily reasserted itself, and patriotism is getting one last gasp. But, as with any abusive relationship, that gasp of freedom is met with a violent response from those in control, regardless of party affiliation. This is the swamp that is Washington, D.C.

It is put up or shut up time, America. You have to leave that abuser and make it on your own. You must reassert those freedoms guaranteed to you in the Declaration of Independence. You must educate your children to appreciate and embrace those liberties that exist only in the United States, liberties that had never existed in any nation at any other time in history. Most important, however, we must teach our children to embrace the freedom of others so that they, too, can recognize and embrace ours. Together, we must rid ourselves of our government masters and take control over our lives, because, if we don’t, totalitarianism is right around the corner.

Alan W. Cohen is an author and blogger, retired from the practice of law after 25 years. His new book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce is available on Amazon.

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