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

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.

Read Past Blogs:

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

New Copy of the Declaration of Independence Brings Out the Crazies

I Have Come to Praise Bill O’Reilly, Not to Bury Him

Three Important Lessons I Learned from Georgetown Professor Randy Barnett

Easter Message: Why Religion is Vital to Maintaining Our Liberty

Can Millennials Save Marriage in America? Studies Say Yes.

Syria Bombing: Why History Trumps Libertarian Beliefs

With Gorsuch vote McCaskill Confirms She is Not Running for Re-election

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

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

Tomi Lahren Touches The Soul of the Libertarian on Abortion Question

Does Neil Gorsuch have Libertarian tendencies? One Question Tells Us.

March Madness and the Trump Travel Ban: A Two-minute primer

Why Libertorian?

New Copy of the Declaration of Independence Brings Out the Crazies

By Alan W. Cohen

There is no doubt that certain people in high places want to cast doubt on anything that is America, particularly our founding. But this latest pronouncement coming from two Harvard professors is over the top nuts.

You may have heard on the news that someone in Great Britain discovered a parchment document purported to be an original copy, meaning a true hand written copy of the Declaration of Independence. Assuming that it is a true document, and no one has explained how it could be a true document, what is different from the original? Are there passages different? No. Does the document contain different words? No. Did different people sign the document? No.

So what is the big deal? It turns out that the order of signatures are different. So what? We all know how the Declaration came to be. Continental Congress met and each colony voted. The Declaration went through the mill until all thirteen colonies voted to consent. So, now two Harvard professors are claiming that there is some special meaning to the order of the signatures. In the original, the signers were organized by their newly founded states. In this new copy, they are randomly signed. Before getting into the weeds of what that difference might signify, lets imagine that this document is authentic. How would it have come about? After signing the original, the Continental Congress needed to spread the word, and that required copies. Since no copy machines were then available, scribes copied the document by hand, and then asked the signers to redo their respective John Hancocks. Therefore, there was no purpose behind the order of signatures for the copies. The scribes probably had to chase down the signors, who just signed somewhere on the page.

But two Harvard professors have declared some hidden meaning behind this difference, that it must mean that federalism is a fiction. Alas, the Founders signed as one nation, not as a collection of states. And,  your point is? Doesn’t the Constitution begin We the People of the United States? Of course, it is from the people. The Declaration itself is about alienable rights and the pursuit of happiness, not of the states, but of the people who live in those states. Those same people divvied up authority between the federal and state governments, reserving those inalienable rights for themselves.  That is what we call federalism.

I am beginning to wonder what they are smoking at Harvard.

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.

Read Past Blogs:

I Have Come to Praise Bill O’Reilly, Not to Bury Him

Three Important Lessons I Learned from Georgetown Professor Randy Barnett

Easter Message: Why Religion is Vital to Maintaining Our Liberty

Can Millennials Save Marriage in America? Studies Say Yes.

Syria Bombing: Why History Trumps Libertarian Beliefs

With Gorsuch vote McCaskill Confirms She is Not Running for Re-election

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

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

Tomi Lahren Touches The Soul of the Libertarian on Abortion Question

Does Neil Gorsuch have Libertarian tendencies? One Question Tells Us.

March Madness and the Trump Travel Ban: A Two-minute primer

Why Libertorian?

 

 

 

I Have Come to Praise Bill O’Reilly, Not to Bury Him

By Alan W. Cohen

I am now in rehab. Yes, I was a Bill O’Reilly addict. And now I must go cold turkey. But as with all twelve-step programs, I must start with that admission. I have a problem. Almost every day at 7 p.m. my time, or when it repeated at 10, I watched. Bill O’Reilly kept me going. No, I was not a Bill O’Reilly dot com member. No, I was not a reader of his books, although his historical TV series Legends and Lies was amusing and interesting. I did not attend his frequent tours with Dennis Miller.

I often wondered how he did it all. But, as John Stossel wrote yesterday in his blog, Bill O’Reilly got too big for his britches. He was a cottage industry unto itself. Twenty years as the most watched TV show on cable might do that to anybody. True, his shows were becoming more and more about Bill O’Reilly and less and less about anything else. Still, I watched faithfully. And if I missed it because I had something else to do, I searched for his Talking Points on social media. I had to have my fix.

But in my moment of loss yesterday when I heard he was gone from Fox News, I began to consider all of the good things that Bill O’Reilly had done for me. Contrast The Factor with what Megan Kelly’s program had become before she mercifully left to join her fellow liberals at NBC. Megan Kelly would have nothing but for Bill O’Reilly, and rumor has it … Well, I won’t go there, because I have come to praise Bill O’Reilly, not to bury him. Anyway, Megan Kelly’s show was hideous in comparison. She would put on two Republican and Democrat mouthpieces who would spew their daily talking points without challenge. It just gave me a headache to listen to it. Bill O’Reilly refused to as well. He invented the No Spin Zone, the one place on TV (other now on Tucker Carlson’s show) where real reporters ask real questions, hard questions. In this way, Bill O’Reilly exposed the other networks for what they are, left wing hacks. And for that, he was hated.

Bill O’Reilly’s biggest contribution to our nation, however, was his war on political correctness. With the mainstream media in tow, leftists had adopted the view that everyone was a victim of free speech, something that has devolved into safe spaces and campus protests against conservative speakers. Bill O’Reilly recognized it for what it was. A Leftist Power Play. He called it out almost on a daily basis, and we addicts could not wait to get his take on whatever nonsense was spewing out of the crazies that were featured so prominently on the three big networks and CNN. Bill O’Reilly made it OK for his fellow journalists to challenge those that would threaten or ironically call others Nazis that disagreed with the Leftist viewpoint.

Like Julius Caesar, Bill O’Reilly loved his power too much. I often wondered what his life was like, so immersed in work. I know that he was divorced and he never talked about his family. What else did he have to live for? He was all about his job. He thought highly of himself, and perhaps that was a requirement for his success. Those of us who are willing to challenge the existing narrative appreciate him all the more, because he was willing to take on his detractors, and make himself the television icon that he became. Bill O’Reilly, you were and remain and inspiration to hard work and dedication to a core belief. It would have been so easy to get along with your peers, and live your life out as another TV reporter. You chose to be different. But, like Julius Caesar, the knives were ever present, waiting for the opportunity to strike, in search of the tragic flaw that would end you. Early on, I noticed how you chose your peons. They had to be blonde and pretty. I thought it was a contrast, but apparently it was about something more, a casting couch.

But I have come to praise Bill O’Reilly, not to bury him.

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.

Read Past Blogs:

Three Important Lessons I Learned from Georgetown Professor Randy Barnett

Easter Message: Why Religion is Vital to Maintaining Our Liberty

Can Millennials Save Marriage in America? Studies Say Yes.

Syria Bombing: Why History Trumps Libertarian Beliefs

With Gorsuch vote McCaskill Confirms She is Not Running for Re-election

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

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

Tomi Lahren Touches The Soul of the Libertarian on Abortion Question

Does Neil Gorsuch have Libertarian tendencies? One Question Tells Us.

March Madness and the Trump Travel Ban: A Two-minute primer

Why Libertorian?

Three Important Lessons I Learned from Georgetown Professor Randy Barnett

By Alan W. Cohen

The one thing I learned while I was in college was that scholars are pretty much set in their ways, and are rarely open to new ideas, especially if those new ideas challenge their entire way of thinking. At 57, I was pretty set in my ways. I had attended a top journalism and law school, had practiced in my field for more than 25 years, writing and teaching seminars. I thought I knew it all, or at least had a firm grasp. I had just published my book, America Solved, my attempt to reverse the destructive federal  child support policies of the past fifty years.

That was almost a year ago. I had been a converted Democrat, and time had transformed me into a Libertarian, with Reason Magazine as my bible. That is where I learned about Randy Barnett and his new book, Our Republican Constitution, and it was in that book that I learned the three important lessons that would lead me to my book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce.

Lesson One: When in law school, I was taught that the source of fundamental rights was the Constitution. It made sense. We have First Amendment rights to free speech, etc. Yet, as are most Americans, I didn’t quite understand the source of those rights not specifically mentioned, especially the Right to Privacy. Practicing in family law, I relied on two of those rights not enumerated, the Right to Parent and the Right to Marry. I accepted those rights because the Supreme Court recognized them as fundamental, although I held on to the view of Mr. Justice Goldberg that those rights exist in the Ninth Amendment. Randy Barnett taught me, however, that the source of these rights lay not in the Constitution, but what was written in the Declaration of Independence. The People have inalienable rights. They transfer some authority to state government, where their elected servants administer their appointed duties for the public good. The People also transfer some to the federal government, i.e., the Constitution, to protect them from foreign intrusion. But since those rights are inalienable, the People lack the ability to transfer, or give up those rights, and thus any act of state or federal legislatures that violate those fundamental rights is void at is inception. Suddenly, it all made sense. The Bill of Rights does not confer rights. It defends them. Congress shall make no law …

Lesson Two:  Elections are based on majority rule, and it has been drilled into us that the view of that majority that should prevail.  We are constantly bombarded from the left and the right, each claiming that their view is correct because they represent the majority. What I learned from Randy Barnett, however, is it that the Constitution is not We the People as the majority, but We the People as a collection of  individuals. As an amateur historian, I recall the folly of the Kansas-Nebraska Act, based on a theory that one group of people could vote to enslave another.  The same question applies to those majority who would restrict the Right to Marry. In 2015, in Obergefell v. Hodges, the Supreme Court made a finding that marriage in America began as a purely private affair, and then evolved. My book,  Private Vows, answers the question of how that happened. But I could not have accomplished that goal without this lesson that I learned from Randy Barnett. Since We the People is a collection of individuals endowed with inalienable rights, and since one of those rights is the Right to Marry, the People could not transfer to their elected representatives the authority to restrict that right. Therefore, state regulation of marriage and divorce is unconstitutional, as are federal laws that impact the Right to Parent.

Lesson Three: Whether it be the current state action to void the Trump Travel Ban or during the Civil Rights Era, where George Wallace and his fellow segregationists so argued, the idea of State’s Rights always intrigued me. Yet, Randy Barnett taught me that State’s Rights is a fiction. States don’t have rights. The Tenth Amendment recognizes that the people did not give complete authority to the federal government. Elected state officials have authority, and that authority is limited to what is specifically conferred. For Private Vows,  Barnett made me fully appreciate that the Tenth Amendment is not a source of authority for what the Supreme Court as recently as 2013 declared, that domestic relations was traditionally left to the states to regulate. Barnett taught me that tradition is not a Constitutional argument. We have to look to our Founding Documents.  Rather, the Declaration of Independence instructs us that the People have the inalienable right to marry, to parent, and to the Pursuit of Happiness. States do not have the authority to regulate marriage and divorce because the Constitution gives the the People’s elected servants no such authority, and any act to interfere in purely private acts is void at its inception.

Thank you Randy Barnett for teaching this old dog a new trick, and I will be forever grateful. You have given me a greater appreciation of the wisdom of our Founders than I thought possible. My personal goal is to share what I learned from you, and to broadcast it for the better of the people of the United States of America.

Alan W. Cohen is a graduate of the University of Missouri-Columbia School of Journalism and the Washington University (St. Louis) School of Law. Now a full-time author and blogger, he practiced Family Law in the St. Louis area for more than 25 years. His books are available on Amazon.

Easter Message: Why Religion is Vital to Maintaining Our Liberty

By Alan W. Cohen

As American Christians near the Easter holiday, it is important to recognize the vital role of religion preserving our liberty. No, I am not talking about our Judeo-Christian heritage. I am talking about all religions.

Our sixth president, and last founding father, John Quincy Adams, once said that religion is nothing more than ethics, and ethics is how we choose to live our lives. Belief in a higher being means recognizing that there is something greater than ourselves, that we are not the center of the universe, a concept that seems lost in many in the younger generation. Religion provides us with the mirror that we truly require to look beyond our own immediate needs, to see our own behaviors, and how it might affect others. I for one am not a religious person, but I live my life by a a credo born of my Jewish faith. I believe that I live righteously, and do what is best for my family, my community and my country. I live everyday thinking how I might accomplish that goal, and my writings, especially my books America Solved, and my February 2017 publication of Private Vows, are my personal evidence of that enterprise. And it is the goal of this blog to better America by seeing it return to the liberty that we lost in the battle over slavery in America as I explained in my introductory post.

Religion teaches us that we must join together for the common good, but it is our personal behavior, our minute by minute interactions with others that is penultimate for freedom to operate. We must have empathy for the rights of others, rights guaranteed to us in the Declaration of Independence. Think about it. Wouldn’t it be nice if those leftist bots that protest the free speech of others on college campuses would grasp that concept? Perhaps, they need to go to church to learn about respect because they certainly hadn’t yet learned it, especially respect for those elders who choose to share their life experiences to better the younger generation.

And so, for my Christian brothers and sisters, enjoy your Easter holiday, and consider how you are working to preserve and protect the rights of others to do practice their faith in the freest nation in the history of the world.

Alan W. Cohen graduated from the University of Missouri-Columbia Journalism School and the Washington University (St. Louis) School of Law. He has retired after practicing family law in the St. Louis area for more than 25 years.

Can Millennials Save Marriage in America? Studies Say Yes.

By Alan W. Cohen

In my 25 years as a family law attorney, I witnessed an increasing parade of lost souls seeking happiness, never realizing, as Aristotle tells us, that happiness takes a lifetime to achieve. The Declaration of Independence guarantees the right to pursue happiness. It does not guarantee it.  As I explain in my book, America Solved, published in 2015, marriage is a learned skill, cultivated over generations, a skill that has been lost to the false promises of government that made them believe that it was the solution that all their ills, and that they would find solace in a compassionate court system that would bring them comfort and joy.

As I explain in my new book,  Private Vows , the court system was never intended to fix anything. It was intended to deter people, mostly men, from failing to meet their legal obligations, knowing that society was well suited to deter women from doing so. It is, and has been for almost two generations, ill-fitted and ill-suited for the times, becoming divorce factories, churning out sausage that, as H.L. Mencken said of legislation, no one of weak stomach should see be made. Family courts have become, as one lawyer-advertiser accurately describes, little fiefdoms, with judges, under the guise of judicial discretion, applying laws arbitrarily and punishing people capriciously, not to achieve some greater public policy of right and wrong, but to fit their personal whims, much to the distress of those litigants that find themselves in the cross hairs.

In a recent article from P.J.Media, provides some hope. It turns out that millennials are fed up with the status of the family unit as it has become today, and yearn for the stability of the past, the Leave it to Beaver world of stay-at-home moms and worker dads. While they agree that women should have a choice to enter the workforce, millennials crave the world where their children come home to a loving parent, not wailing away in some day care.  As I explain in America Solved, young men and women today are completely confused as to what they were supposed to do. Mind you, the post-war generation is a singular time in history. At our founding we were an agrarian society, where husbands and wives worked side by side, and their children were charged with helping out in any way they could. In the Gilded Age, women took on roles in sweat shops alongside their children to supplement the family income.  They knew that for their marriage to work, they must be all in.

As I explain in Private Vows, the Founders never intended for government to have a role in family matters. As the Supreme Court said in 2015, marriage began in America as a purely private affair, and then morphed into what we have today. The Founders intended for people to have the freedom to make their own life decisions without government interference that is both unconstitutional and unconscionable. Thus, those millennials that seek to restore the sanctity of what they see as traditional marriage, they must seek the wisdom of the Founders, and join to rid themselves of the tyranny of government interference in their inalienable right to the Pursuit of Happiness.

As I explain in America Solved,  government does not solve the problem; government is the problem. As I explain in Private Vows, everything the courts have said for the past 150 years about marital duties and rights is a blatant misinterpretation of what we call the common law. Nothing in the Constitution gives the state, and especially the federal government, the authority to force their views upon us when it comes to the family. Marriage under English law was a contract, and contracts are about voluntary action, and that is what our Founders prescribed.

Alan W. Cohen is a graduate of the University of Missouri-Columbia School of Journalism and the Washington University (St. Louis) School of Law. His books are available on Amazon.