Shut up because the views must be the same

A guest blogger at the Volokh Conspiracy is doing a series of posts about treaties and the United States’ Congress’ powers and the ability to enforce them.

Rather than offer my own views on that subject (which is way beyond my expertise, in part because IANAL), I’ll instead draw attention to a curious contradiction among many in the religious right wrong. In concerns the United States’ Constitution’s Supremacy Clause (Article VI, Clause 2), which reads as follows:

This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

The people in the religious right wrong use this section to argue that the United Nations Convention on the Rights of the Child, if ratified by the US Senate, will somehow threaten “parental rights” or homeschooling or other such stuff. (As every other country [except Somalia, which hasn't signed] shows, such claims are nonsense, but showing why is beyond the scope of this post). In other words, they are required to believe that any international treaty overrules whatever laws are in force in the US, even if Congress legislating in that area would be ultra vires (beyond its powers).

The religious right wrong also believe that the US is founded as a Christian nation. This is in spite of the Treaty of Tripoli, which the US Senate unanimously ratified over two centuries ago. The relevant section is Article 12, which reads as follows (spelling and wording in original):

As the government of the United States of America is not in any sense founded on the Christian Religion,-as it has in itself no character of enmity against the laws, religion or tranquility of Musselmen,-and as the said States never have entered into any war or act of hostility against any Mehomitan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.

In other words, the religious right wrong believes that treaties overrule law when they provide rights to children, but not when they refute the Christian nation myth.

Those two positions are contradictory. One cannot rationally believe both. If they truly believe that the US was founded as a Christian nation and that the Treaty of Tripoli does not apply, then they can forever shut up about the UNCRC overruling any other law and threatening parental rights. If, by contrast, they believe that the UNCRC does overrule other laws, they then can shut the fuck up about the US being founded as a Christian nation.

US Congress arrested

This is really funny:

WASHINGTON—In a stunning development that has left every federal institution reeling, the U.S. government’s legislative branch was arrested this afternoon on 23.3 million separate charges of manslaughter, sources confirmed.

Citing numerous lethal actions over nearly two and a half centuries—including negligent health care policies, failure to fund reconstruction on dangerously dilapidated roads and bridges, and repeatedly putting American soldiers in harm’s way in every armed conflict dating back to the War of 1812—authorities handcuffed all 535 members of Congress today and escorted them from the Capitol building amidst a throng of onlookers.

And yes, it is The Onion.

But as an aside, there is a kernel of truth here. The US has some of the worst statistics (poverty, life–expectancy, quality of infrastructure, health insurance coverage, crime and incarceration, etc) of any developed country. It doesn’t have to be that way.

Link farm – seed planting edition

In no particular order:

• Why people believe conspiracy theories (via Rebekka K. Steg).
• If nothing turns around, British Columbia perverse “tradition” of putting women in charge of political parties in ruins will continue. It seems pretty obvious that what happened to Johnston, Campbell, MacPhail, and James is also happening to Clark.
  • It’s a bit of shame, as I still lean against supporting Dix.
• Since I’ve basically run out of X Random Stuff names, I’ve decided to rename these sorts of posts Link farm – X. I hope you don’t mind.
• Mission accomplished, haters. You just drove Jen McCreight away. All of you haters/bullies/misogynists: Fuck you.
• There is a complicated legal situation regarding inheritance of digital property (via). What I think should be done is that these should be treated as just as willable as any other sort of intangible asset (copyrights, patents, etc). However, I’m sure that big business will probably resist such a move, because they want to be able to keep selling you the same thing over and over again.
• A post from Libby Anne on the virtual merger(in the United States) of Evangelical Christianity and the Republican Party.
  • Recall Andrew Sullivan’s thesis that this is causing an increase in atheism in the United States.
• Debunking anti–choice junk science.
• Are you really being oppressed, or just mad you can’t oppress others? (via)
  • The religious right wrong would inevitably say that being unable to oppress others (especially women and gays) is oppressing them. Talk about theocratic Orwellianism.
• This is a cult, and a really creepy misogynistic one at that (via).

Reactionary

A certain American reactionary suggests or implies that, according to him, women have no right to contraception.

This is probably the best reason to vote for Obama in the 2012 US Presidential election. Although he has been disastrous in other respects, when it comes to his Supreme Court nominees Obama has been fantastic. If the Republican nominee wins more reactionaries will be appointed, and they will be sure to roll back the rights of women and others.

Obama officially supports marriage equality

Barack Obama has officially come out in favour of marriage equality.

Credit’s due where credit’s due, but frankly, this is no surprise to me. There was no doubt in my mind that he supported same–sex marriage the whole time. He just didn’t say so in a hopeless attempt at hair–splitting, meet–in–the–middleism in a pathetic try at compromising with unreachable wingnuts.

Prop 8 struck down

The Ninth Circuit Court of Appeals has, in a 2–1 ruling, struck down California’s bigoted Proposition 8 (via). Hence, unless a stay is issued, same–sex couples will be able to marry in the 9th circuit’s jurisdiction California again. Personally, I expect a stay to be issued and the appeals process to continue, hence I don’t think same–sex couples will be allowed to marry.

In the decision is granted the proponents of Prop 8 standing to defend, and it rejected the claim that the trial judge, Vaughn Walker, should have disqualified himself because he is gay. The striking down was the correct decision. And in reaction to the ruling, I expect the wingnut and homophobe types to freak out.

From the decision:

“Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California.”

Update: The actual ruling is an extremely narrow, California–specific ruling, and I have therefore corrected that error. Also, the Daily Dish has a mini–roundup of reactions.

A brilliant rant

John Cole has written a brilliant post about the negative influence of fundamentalism and conservative Christianity on US society (via). An excerpt (links removed):

But from where I stand these days, the only thing I see religion doing in the public sector is gay bashing and telling women, mostly poor and desperate and in deplorable financial and personal situations, what to do with their bodies. I see busybodies deciding what drugs they can dispense to which customers, or deciding that they don’t have to issue a marriage license because of some petty deity that I don’t believe in told them to hate their fellow citizens and ignore the law. In a country in dire financial straits but still spending billions and billions of dollars on education, I see religious folks actively and openly working to make our schoolkids dumber. I see them shooting people who provided a medical procedure, and I see others rummaging through people’s personal lives to find out who hasn’t lived up the word of God. I see glassy-eyed fools running for President claiming that vaccines that save lives actually cause cancer, or that if you get raped and are pregnant, you should just lie back and think of Jeebus and make the best of a bad situation. In fact, everywhere you look these days, if Christianity or religion is getting a mention, it means something ugly is happening and someone somewhere is being victimized, marginalized, or otherwise abused. Go read some of the arguments against integration and you’ll see the same bible verses used today against homosexuals. Fifty years from now, they’ll be recycling them again to trash someone else they don’t like or who isn’t good enough for them.

Read the rest of it.