Memo to Mark Levin: Article V Convention of States Has One Big Caveat

By Alan W. Cohen

Watch out Mark Levin. It has all happened before. The author and conservative radio host has begun a movement under Article V of the Constitution to create a convention of states to amend the constitution to strip the federal government of much of its ill-gotten gains, gains that have diluted freedom from the individual and authority from the states. On his radio show of October 10, 2017, a caller warned him that the federal courts are lurking in the shadows, waiting to override any sweeping changes the convention might pass. In response, Levin was confident that the states would prevail.

Yet, that is exactly what happened with the Fourteenth Amendment, and we still have not recovered almost 150 years later. As I explain in much greater detail in my latest book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce, the Civil War ended with a great Republican majority passing a series of Amendments, each with their own purpose. The Thirteenth Amendment ended slavery. The Fifteenth Amendment guaranteed the right to vote. But the Fourteenth Amendment had another, more profound, purpose.

As Mr. Levin explains in great detail in his most recent book, Rediscovering Americanism (please see the link to my review at the end of this blog), the Founders of our nation believed, and declared it in 1776, that we are endowed by our Creator with certain inalienable rights. And, with all due respect to those morons on MSNBC and CNN, those rights predated, and are the basis for, the Constitution. That is because we are all individuals, individuals that banded together to protect the rights of other individuals. Yet, somewhere along the line, our nation changed from being a republic to being a democracy. Georgetown law professor Randy Barnett explains that when the Founders created the Constitution, it was based on the Declaration of Independence, and that the preamble said it all. We the People means we the people as a collection of individuals, not of the majority. Unfortunately, a movement began, less than 25 years later, to justify slavery, a movement that became the Jacksonian Democracy. Levin calls it mobocracy. Barnett calls it the Democratic Constitution. A key illustration is this phenomenon is the Kansas-Nebraska Act of 1854, an act that empowered the citizens of those states to vote on whether to enslave a minority of their peers.

The Supreme Court signed onto the Jacksonian Democracy in 1833, the year after Jackson’s landslide victory over Henry Clay for his second term. Here I will invoke the name of a person that Mr. Levin detests as a bigot, a racist and an anti-Semite: Supreme Court Justice Hugo Black. Despite his serious flaws, Justice Black proposed in a dissenting opinion in 1948 that we lost our republic in 1833 with the case of Baron ex rel. Tierman v. Mayor of Baltimore, where the Supreme Court declared that the Bill of Rights did not apply to the states, but only to actions of the federal government. Black suggests that Chief Justice John Marshall was just a bit dishonest in his four-page opinion, a sparse writing of what was one the most important decisions of the century. In fact, as I explain in Private Vows, Marshall was scared, and had good reason to be. President Jackson was a scoundrel, and had recently refused to abide by a Supreme Court opinion protecting the Cherokee leading to the infamous Trail of Tears. Until Jackson came onto the scene, Marshall had carefully fostered the Supreme Court’s authority to override legislation and executive actions through the power of judicial review. Marshall anxiously wanted to preserve his gains, and knew to tread carefully to avoid Jackson’s wrath.

The real question in Baron was whether the federal courts had the authority to enforce the inalienable rights recognized in the Declaration, the rights of the individual against the authority of the state or local government that was violating those rights. That same question is with us today. In a dissenting opinion in 2000, Justice Antonin Scalia agreed with fellow Justice Clarence Thomas that the Constitution preserves those inalienable rights within the Ninth Amendment, but refused to enforce them because the Constitution did not specifically provide for a remedy. The question for Justice Scalia then, as with Chief Justice Marshall in 1833, is this: What good are rights if there is no place to enforce them? According to Justice Black, Marshall adeptly sidestepped the issue, and for good reason. As I explain in Private Vows, if the federal courts had the authority to enforce inalienable rights against state or local governments in 1833, slaves would have been coming in droves to seek redress and there would have been a civil war. Since Marshall sidestepped the issue, the Court could not enforce Dred Scott’s claims for freedom only a few years later, an event that ironically led to the death of hundreds of thousands of Americans that Marshall had so greatly sought to avoid. After the Civil War, according to Justice Black, it fell on Congress to right the wrong of Baron and restore the Republic, and individual liberty, with the passage of the Fourteenth Amendment, making it clear that individuals did indeed have a right to redress of state and local violations of their individual rights in the federal courts (as well as in the state courts).

There was one big problem. The Supreme Court was filled with Jacksonians who refused to comply with Congress’ mandate even if it was the will of the required number of states. In the infamous Slaughter-House Cases in 1873, the Court all but nullified the Fourteenth Amendment by calling it just an anti-slavery amendment:

The constitutional provision there alluded to did not create those rights, which it called privileges and immunities of citizens of the States. It threw around them in that clause no security for the citizen of the State in which they were claimed or exercised. Nor did it profess to control the power of the State governments over the rights of its own citizens

Thus began more than a century of state control over the individual so vast that individual freedom was all but lost, freedom that the Founders intended, freedom that we still don’t have today. Soon after The Slaughter-House Cases, the Supreme Court affirmed state policies based on eugenics, justifying discriminatory laws and, as a means of enforcing them, created out of thin air, as I explain in Private Vows, a justification for state regulation of marriage and divorce. As Levin explains in Rediscovering Americanism, this statist thinking became the fodder for the socialists, the so called Progressives as a means for controlling the masses. It inspired the ever Progressive Woodrow Wilson to re-segregate the entire federal government during his first term of office. It empowered the KKK to rule with a violence, ending black lives on the spot just for the crime of not being white.

Thus, the lesson for Mark Levin and his followers is that that an Amendment to the Constitution is not enough. We have to fill the Supreme Court with those willing to enforce it. While, as with the Trump travel ban, we cry over the illegal nature of the Ninth Circuit and other federal courts, those actions pale in comparison to the 19th Century and a Supreme Court that was hell bent to undo the Union victory, to preserve and restore the Jacksonian Democracy. and to preserve racial and religious discrimination.

Alan W. Cohen practiced law for more than 25 years before retiring. He is a graduate of the University of Missouri-Columbia School of Journalism and the Washington University School of Law.  Besides Private Vows, he is also the author of America Solved: A New Family for the 21st Century, as well as several other books on family law.

Recent Blogs:

Three Important Lessons I Learned From Mark Levin’s Rediscovering Americanism

How the Conservative/Libertarian Media Revolution Can Save America from McConnell and his Washington Cartel

Time to End Slavery-like NFL Draft According to Odell Beckham, Jr.

Celebrate America’s Birthday With A True Civics Lesson From Mark Levin

Simple Health Care Solution Pits Capitalism Against Socialism

 

Time to End Slavery-like NFL Draft According to Odell Beckham, Jr.

By Alan W. Cohen

I am so ashamed. For decades (that is when St. Louis had an NFL team), I joined millions of football fans in taking in every bit of information available to determine what college player would be the best fit for my team, which player has the height, the weight, and the right skill set. I engaged hours watching Path to the Draft, reading whatever material I could get my hands on before hunkering down for days to see my team’s selections, and to spend hours watching the evaluations from the so called experts who graded it.

Now I know better. I was being a racist. Never mind that I only exist because my great grandparents fled the pogroms of Tsarist Russia for the freedom of America, and because my father was the one in ten that survived his World War II battle and was the one in ten Jewish prisoners of war that survived the Nazi death camp he was sent to when he was captured. Obviously, I am White. So, I don’t understand. I couldn’t. My father was not a slave, nor was my great-great-great grandfather. As it was, however, my father despised racism, and he taught me well. So I thought.

But obviously I was wrong.

In the recent film, Twelve Years a Slave, the hero bears the humiliation of the slave auction, how the white plantation owners checked his strength, prodded his body, and evaluated his value as a servant before determining his price. It never occurred to me until today, when reading about Odell Beckham, Jr.’s complaint about a Fantasy Football Draft on ESPN, how wrong I was. He was insulted that a bunch of white men were “bidding” for his fantasy services in a pretend auction. And it doesn’t matter that being of African descent was not a prerequisite to becoming a slave. Millions of serfs fed Tsarist Russia for hundreds of years, all subject to the same humiliation as those in America in our first 88 years. Thus, it does not matter that 30 percent of NFL players are not of color. The NFL draft is nothing short of racism, the result of so called experts, mostly at the Combine, to prod, measure and to evaluate men for their physical capabilities just like those slaves that went to auction.

It is irrelevant that those same NFL teams are willing to pay millions for their services. It’s like the joke about the man that offered to a beautiful woman to pay a million dollars to have sex with her. When she said yes, he reduced his price to a dollar. That insulted her because all he was doing was negotiating the price of her prostitution. In the same order, African American athletes should honor their mores regardless of the price. If they are so insulted about being bid on by White owners, does it really matter how much they receive for their services?

Perhaps, Odell Beckham Jr. should quit football, and surrender his millions in salary. Wouldn’t that send a message to the rest of White America that those of African American descent are not for sale at any price? After all, if it weren’t for those White people that prodded and measured his body for the slave auction that is the NFL draft, he wouldn’t have been rendered “speechless” at the video of that pretend auction on ESPN.

But perhaps that should not be his choice. After all, the entire spectrum of the NFL is about the physical capabilities of mostly African American men. After about five years, they put themselves up for bid on the open market just like their slave brethren, being prodded and measured by a bunch of White men judging their value. That is so racist. They should all be ashamed.

 

 

How the Conservative/Libertarian Media Revolution Can Save America from McConnell and his Washington Cartel

By Alan W. Cohen

It would be John McCain’s biggest nightmare. It would be an equivalent blow to the mainstream media, and particularly Mitch McConnell. What if Republicans only nominate those who meet the approval of Conservative and Libertarian media? Each candidate must meet a basic litmus test. If elected, they will be under constant scrutiny of those that supported them. That would mean, gasp, honesty in politics.

Texas Senator Ted Cruz tells us he was shocked to find out that 95 percent of what his colleagues did in the Swamp was to work for their re-election, and their morbid fear of destruction in the mainstream media, particularly the Washington Post, the New York Times and the major networks. Yet, Mark Levin’s CRTV and other social media sites have stepped in to fill a void that Fox News has failed to do, to teach Americanism. Now,   perhaps for the first time in more than a century, Americans want to know how the Founders would have seen this issue or that, whether their view of the Constitution and the Declaration of Independence might apply to a particular issue.  We tune in to Rush or Levin or even Hannity,  who collectively take a machete to the D.C. jungle to clear a path for us to see right and wrong.

Yet, it’s not enough just to complain about it. Rush, who has worked for decades to establish a Republican majority, can barely believe his ears (no offense intended) as he hears about their refusal to tow the capitalist line and adopt Progressivism (a/k/a Socialism).  Hannity screeches his despondence on a daily basis. His show so depressing that its hard to listen without wanting to throw yourself off the nearest highrise in utter despair. Levin gives us perspective. All agree that the Republican Party is a joke. We cannot trust the label. Politicians are addicts, but instead of cocaine or heroin or opium, they are addicted to power. And with any other addict, you know when they are lying don’t you? When they open their mouths. They will say anything and do anything to maintain their addiction. And, as long as cronies like Mitch McConnell are the pushers, we have no prayer. Imagine the Senate as a huge opium den, filled with stoners sucking from the public teat.  The temptation is overwhelming for most, and going straight might result in utter destruction, if not their political death. McConnell runs the D.C. cartel and has the keys to the Senate stash that bankrolls Senate campaigns, and to maintain his power, a power he uses to attack anyone that might be a threat, particularly Freedom Caucus associate member Mo Brooks who is running for the Senate in Alabama, and anyone who might dare to support him.  Why? Because Brooks would join true believers Ted Cruz, Rand Paul and Mike Lee, three men who have refused to indulge in McConnell’s treason.  Mark Levin openly endorses Brooks on his radio show, and is urging Alabamans to reject McConnell and his arrogance and audacity to tell them who they should select as their Senator.

Yet, McConnell’s fears are real, and his destruction might be at hand. Last week, John McCain went on the mainstream to instruct his fellow Republicans to stop listening to “the bombastic loudmouths” on talk radio or other Conservative media. I don’t know if McCain is just that stupid, swamp infested, or is so addicted to power that he doesn’t get the fact that we don’t watch or listen to the mainstream media who have moved so far left that they actually walk in circles. Doesn’t he read the polls? Republican voters trust politicians more than they do the mainstream media, that is about 2 percent of the time. God knows, the networks even skew the weather forecast to spin their craziness on so called climate change. So, the only way that we even know that John McCain said what he did about talk radio is from … da da da da … Conservative media. What a dipshit. Sorry for that language, but there is no other word to describe McCain. I would say brain damaged, but that would be cutting it too close to the heart considering his present health condition. So, I’ll stick with dipshit. Sorry.

So, how do we keep these elected officials on the straight and narrow? How do we keep them out of McConnell’s opium den, and eventually close it down.  Two ways. First, taking from Bernie Sanders, we select only candidates that refuse financing from large corporations or super PACs. They must rely exclusively on private donations from a website. Second, these candidates must achieve a good review from Levin, who, above all, can grill them on the wisdom of the Founders and instruct them on the evils of Progressivism (a/k/a/ Marxism). A perfect candidate is Austin Peterson of Missouri, whose background is solidly in Freedomworks and is truly libertarian in his beliefs. If he survives a primary fight against the RINO candidate (likely Josh Hawley the state AG), Peterson would be the perfect foil for left of left #FireClaire McCaskill who, after due consideration, might not even run considering Donald Trump won the state by double digits.

But I digress. Political action groups give number or letter grades to candidates. Conservative and Libertarian media should do the same. We need a ten issue litmus test that they must promise to abide, or else. And, if, once elected, they might stumble into the opium den, well, then we call them out. It will take time, but sooner or later we will end up with legislators who are dedicated public servants, dedicated to the Constitution and their constituents, not to their pocketbooks ala Maxine Waters, Bernie Sanders and, of course, the Clintons. But most of all, we will end up with legislators who are faithful to the Constitution and the Declaration of Independence in a way that the Founders intended, a world of right reason and the Golden Rule, where our only ruler is Natural Law, not a select group of elitists in the never never land that is Washington, D.C. Eventually, if we hold are course, our selected representatives will attain leadership status, where they, like McConnell, would hold the financial key to the D.C. washroom. Only then would we be able to drain the swamp.

Thirty years ago to the day, Rush Limbaugh plowed through the liberal muck and emerged as a national voice. In 1994, he was credited as a motivating force in the Contract for America. And, while that success was short lived, he is now one of many voices that outshine the now quickly dissolving mainstream media’s control of the daily message. With the election of Donald Trump, they have lost both their collective minds and their credibility. They are no longer the gatekeepers to power. Now the Conservative/Libertarian media’s turn at the wheel.

Alan W. Cohen retired after more than 25 years as a family law attorney. Besides this blog, he is also the author of seven books, all available on Amazon.  His latest book is Private Vows: The Case for Ending State Regulation of Marriage and Divorce, a deep dive into unconstitutional state and federal control of the family and its contribution to the destruction of marriage.

Comments:

Email him at: alan@privatevows.com

Three Important Lessons I Learned From Mark Levin’s Rediscovering Americanism

By Alan W. Cohen

You are never too old to learn some  new tricks about understanding the Constitution, and Mark Levin just gave me a few pointers on how I can do just that with his new book, Rediscovering Americanism. I am not a longtime fan of Mr. Levin, but I am now. In fact, it was just about four months ago that I turned on my radio and listened to him make an argument that I made in my latest book,  Private Vows: The Case for Ending State Regulation of Marriage and Divorce. As you might expect from the title, my conclusion is that government interference in the family is not only unconstitutional, but it has been, especially for the past 50 years, completely destructive to the institution of marriage. Until I read his book, I could not understand why.  Now I know, thanks to Mark Levin.

As Mr. Levin has maintained, the Founders of our great nation believed in Natural Rights, and they considered those rights unalienable (or inalienable), meaning that they cannot be transferred or surrendered.  In the words of the Declaration of Independence, those rights are God-given. We are born with them and they remain with us until our demise. The Founders so believed in what John Locke and Aristotle called right-reason and Natural Law that they did not even consider the possibility that any government in America would interfere in the individual families of its inhabitants. After all, as Locke tells us, religious liberty was and is at the heart of the freedom the Founder fought, and died, to achieve, and the family was and is the heart of religious liberty. After the Revolution, the newborn Republic tossed out the Anglican Church, and with it state control of marriage and the family.  And, at least for the first 50 years of our nation, that was the rule, as the Supreme Court so admitted in 2015, that marriage in America began as a purely private affair. The Founders, with the Contracts Clause, made it part of the Constitution. Marriage is a private contract, and government interference would be prohibited. Yet, a little more than 100 years after the Declaration, couples could not get married or divorced without the permission of the state. And, if they were interracial, they might as well forget it. If they wanted to practice some other religion other than Protestantism, like Mormonism, and marry within its tenants, forget it. Catholic vows were irrelevant. The government was in charge.  Yet, for the vast majority of people, government interference in the family was minimal, if not infinitesimal. That all changed in the 1960s, when socialism began to overtake the religious right and wrestled control of government.

Now here are the three important lessons I learned from Mark Levin and his new book, Rediscovering Americanism:

  1. We are already a socialist nation. Political parties are useless descriptions.  In fact, with the exception of three in the Senate, and a few more in the House, there is little difference between Republicans and Democrats. That’s because, as Levin tells us, the Mainstream Media has taken charge of the Socialist (Progressive) Agenda. Politicians only care about their reelection, and they are too frightened of bad press to cross it. That fact became all the more clear with the election of Donald Trump. The media is hell bent on his destruction, even more so than that of his Republican predecessors.  As I stated in a prior blog, journalism is not dead. It was never alive. Fair and balanced is nothing more than a tagline to convince the viewer (or reader) of its truthfulness. Even Thomas Jefferson complained about the dark side of the free press, that newspapers were the voice of the wealthy, not of the People. Film buffs will recall Citizen Kane, where the protagonist declares that his newspaper would not report the news, but rather make the news. We see that now with RussiaGate. Many of the Main Stream Media (CNN, Washington Post, New York Times) have thrown off their false bravado to achieve their ultimate goal: what Levin calls a Silent Coup Timid Republicans in Washington acquiesce, cowering in a quiet corner. They know who the boss is and it’s not the People. I join in most of mid-America that have taken Levin’s advice, and have turned off the noise that is the media because we know that they are not looking out for our interests, only their own.
  2.  Socialism is evil  Therefore, we cannot compromise, for every compromise with the Progressives gives up territory that cannot be easily regained.  Just like their compatriots, the Bolsheviks, Progressives chose their name to convince the masses that they speak for the majority, knowing that the opposite is true. And just like the Bolsheviks, Progressives have largely succeeded in taking power. But, as Levin tells us, this is not a new plan, or even, as I had believed, a plan that came to pass in the 1960s. Rather, the counterrevolution in America has been mounting for more than 125 years. In fact, it has been there from the beginning, waiting in the darkness, seeking the right time to strike. When Benjamin Franklin emerged and told his public that we have a Republic if we can keep it, he knew of this darkness. All the Founders did. It was the same tyranny they had fought to overcome. It was not limited to a monarchy. Mob rule was just, if not more, dangerous. As Levin explains, the Founders rejected Rousseau in favor of Locke, unlike the French, whose revolt ended in mass murder and the emergence of a savior who promised order from the madness, Napoleon Bonaparte,  who would, in turn, lead his people to utter destruction. We saw the same with the likes of Hitler and Mussolini, and a slew of dictators of would be socialist countries, most recently Venezuela. For socialists, America’s exceptionalism has proved a more difficult quarry. The ride from freedom to tyranny has been gradual. Socialists understand that, given our stubborn individualism,  it is necessary, to steal our freedom little by little, generation by generation, relying on a left skewed educational system as Levin tells us is their Mein Kampf. For example, historians celebrate Theodore Roosevelt and Woodrow Wilson. Yet, as Levin teaches us, those leaders disavowed the Founders as historical creatures, that their time has passed, as had their beliefs in Natural Law and unalienable rights. The Bible teaches us about recognizing evil, and our character is built on how we overcome it. Mark Levin is our filter. He points out for his millions of listeners the sheer folly of compromising with socialists (or Statists) because any breach in the wall of freedom is a pathway to tyranny. Unfortunately, we are well on our way to that end. More than ever we must teach the virtues of capitalism and purge socialism from our midst.
  3. Property rights are just as important as liberty because it is our ability to acquire property and to control it that ensures our liberty. In a recent broadcast, Levin cited a laundry list of Socialist (a/k/a Democrat) politicians that have become super rich as a result of what our Founders described as public service. Bill Clinton was dirt poor as a governor. Now he is worth hundreds of millions, as is Al Gore, Bernie Sanders, and most recently Barrack Obama. Even liberal icon Maxine Waters, who claims to act for the poor, lives in a four million dollar estate in a 95 percent white and affluent neighborhood outside of her poverty-stricken district. She entered into politics, as many of her counterparts, not to serve, but to earn. These so called leaders demonstrate the folly of socialism. Marx and Engels said in their manifesto, each according to their needs, but who would decide those needs? A ruling elite of experts that, by the nature of the system, would be exempt from the scrutiny of the rest of the masses (see e.g., Bernie Sanders wife, Hillary Clinton, etc.). Levin tells us that our Founders  devised a system that divided economic power from political power because they knew that property rights kept tyranny outside that wall. That is why our Founders rejected government interference in the family, because historically, wealth is built on the stability of its shoulders. That is how Great Britain got to be great, by focusing on property rights and the right to inherit. Wealth is the ultimate incentive of capitalism, to not only provide for yourself in the here and now, but to provide for your offspring and their families as well. Socialism disdains wealth, and the destruction of family has been its long term goal, a goal that is within their grasp. As I explain in  Private Vows: The Case for Ending State Regulation of Marriage and Divorce,  as well as my 2015 book, America Solved: A New Family for the 21st Century, federal policy has been, for the past half century, to punish virtuous behavior and to reward bad behavior. Levin explains why. It’s all about control of the all powerful State that we must worship as a deity. Even billionaires, who built their fortunes on capitalism, now disavow it, because they fear the wrath of the so called Progressives, just as Republicans are terrified of the Main Stream Media. Destruction is just a step away, and the Progressives are watching, waiting, and ready to pounce on any indiscretion.

There is much more to learn from Mark Levin and Rediscovering Americanism. But these three lessons stand out for me personally. Every right minded, or as Aristotle said, right-reason minded, American needs to not only read this book, but to study it, and to preach its gospel to anyone who will listen. It is our duty as Americans to save our nation from the tyranny that is already inside our gates.

Alan W. Cohen retired after practicing family law for more than 25 years in St. Louis, Missouri.

Previous Blogs:

Another Teacher Rape of a Young Boy, Another Future Child Support Claim

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

Simple Health Care Solution Pits Capitalism Against Socialism

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!

Three Important Lessons I Learned from Georgetown Professor Randy Barnett

Can Millennials Save Marriage in America? Studies Say Yes.

 

 

Another Teacher Rape of a Young Boy, Another Future Child Support Claim

By Alan W. Cohen

It seems like it happens every year. Some loco female teacher go gaga over a young boy, and is found out only when a child results. It happened again this week, when it was reported:

“Marissa A. Mowry, 25, was arrested by the Hillsborough County Sheriffs Office and taken to the county’s jail, Fox 13 reported.

Mowry reportedly started a sexual relationship with an 11-year-old boy in 2014 when she was 22, police said, adding that the relationship went on until the boy was 14.

In October 2014, Mowry gave birth to a child who is now 3, deputies said.

Mowry is facing sexual battery and sexual assault charges. The Hillsborough County Sheriffs Office Child Protective Division is also investigating the incident, WFLA added.”

Here’s the bad news for that boy. In just four years, he will be a legal adult, and that same rapist will likely go after him for child support and win. Yes, being the victim of a rape is no defense to child support. That was something that was decided in the family courts more than 25 years ago when a Wisconsin Court of Appeals found that a being raped as a minor was no defense to paternity, that the resulting child was the innocent one, and all children deserve to be supported. Period. All 50 states have adopted this principle, as has our federal government. All that matters is that the sperm hits the egg.

A more immoral statement has never been spoken. And that is what our nation has turned into, a land where right is wrong and wrong is right, where the Natural Law that Aristotle spoke of, is turned completely on its head. The Roman senator Cicero distinguished between the laws of nature and the law of man. The law of nature was moral and incorruptible, while the law of man changes with the wind, the will of the mob against the rights of the individual.

What we have in America, and have had for more than 150 years, is man made law trumping natural law. As I explain in my new book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce, the Founders of our great nation believed in the Natural Law, that, as stated in the Declaration of Independence, “we were endowed by Our Creator with certain unalienable rights” including the Right to Parent and the Right to Marry, rights that are forever entwined in Religious Liberty. When our Supreme Court, beginning in 1833, turned away from individual liberty in favor of majority rule, it turned against Natural Law. As Locke once said, Natural Law is right reason, that is purely ethical. Our Founders agreed, finding that government had no authority under the Constitution to compel anyone to do anything when it came to how to raise their children.

In 1888, the Supreme Court rejected the Founders and adopted a bastardized version of English marriage law that was based on the canons of the Anglican Church, forcing all Americans to adhere to what was, in England, a voluntary choice. The government was thus free to compel individuals to adhere to its rules, one being that a husband must support his children or be subject to state determined punishment. In 1973, the Supreme Court ruled that children had no right to financial support from their fathers, but if a state required fathers to support their children, it could not discriminate based on marital status. The federal government pounced, and issued laws requiring all fathers to support their children until age 18, creating an immense bureaucracy that puts the IRS to shame, to enforce that edict.

So, for this now 14-year-old boy, who will be forever traumatized, the rape is not over. It will continue for the next 15 years thanks to the federal government and the Supreme Court.

Alan W. Cohen is retired after more than 25 years as an attorney practicing Family Law. He is also the author of America Solved: A New Family for the 21st Century, a scathing review of what he calls The Child Support System.

Recent Past Blogs:

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

Simple Health Care Solution Pits Capitalism Against Socialism

America at a Crossroads: Embrace Freedom, or Accept Totalitarianism

Three Important Lessons I Learned from Georgetown Professor Randy Barnett

Can Millennials Save Marriage in America? Studies Say Yes.

 

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

 

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?

 

 

 

 

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