The President also said that he did not believe “in the literal truth of the creed as it is recited in the orthodox evangelical churches.” He did, however, believe that Jesus had set forth an outstanding system of moral precepts.

Although the general views above were shared by Thomas Jefferson, the President quoted above was William Howard Taft, who served from 1909-13, and later as a very good Chief Justice of the Supreme Court.

Americans today tend to congratulate themselves for being more tolerant and open-minded than their ancestors of a century or two ago. Yet those earlier Americans elected the great Jefferson twice, and elected Taft once. Taft is not today remembered as a great President, but he at least he did much less harm to the United States than the man who succeeded him, Woodrow Wilson.

I find it disgusting that a Gallup Poll found 22% of Americans (18% of Republicans, 19% of Independents, and 27% of Democrats) say that they would not vote for a well-qualified candidate of their party who happened to be a Mormon. That’s actually an increase compared to 17% who gave the same answer in 1967.

If some Christians want to take the theological view that Unitarians, or Mormons, or, for that matter, Catholics are not true Christians, that’s their privilege, and it’s very legitimate source of religious debate. I don’t think that whether a candidate fits a voter’s definition of orthodox Christianity is a legitimate basis for voting for a public official.

Kudos to Mitt Romney, in his speech today at the Values Voters summit, for denouncing the “poisonous language” of Bryan Fischer, another invited speaker at the event, who makes the idiotic claim that the First Amendment was not intended to protect non-Christians.

Governor Hickenlooper and Attorney General John Suthers have teamed up to challenge the lawsuit against our Taxpayers Bill of Rights (TABOR). I’ve discussed earlier why this lawsuit isn’t just about bringing down TABOR. It’s about trying to bring down the whole citizen initiative process. To help the cause, the Independence Institute filed an amicus brief (friend of the court) opposing the lawsuit and encouraging dismissal. Much of the content of the amicus comes from Rob Natelson’s research into what the Founders meant when they used the words “republican form of government.” Rob discusses the brief in a blog post he wrote on constitution.i2i.org. Additionally, Rob sat down with one of my minions to record a podcast on the subject. You can find the podcast over on iVoices.org. Editorial page editor of the Colorado Springs Gazette, Wayne Laugesen, read our amicus brief and described it as masterful. Thanks Wayne!

Today South Carolina Republican Senator Jim Demint hosted a forum at which five Republican presidential candidates spoke. The transcript is here.  Each candidate appeared one at a time, and the format allowed for in-depth questions and answers. Among the questioners was Princeton University’s Robert George. Prof. George asked each candidate if he or she would support congressional legislation, under section 5 of the 14th Amendment, to ban abortion. To state the obvious, such legislation would be contrary not only to Roe v. Wade and Penn. v. Casey (abortion rights are protected by section 1 of the 14th Amendment), but also to Boerne v. Flores (Congress cannot use section 5 to protect a right in defiance of direct Supreme Court holding about the particular aspect of the right).  The question explicitly presumed that Roe v. Wade had not been overturned, and that a Human Life Amendment to the Constitution had not been adopted.

The candidates’ answers were as follows:

Bachmann: Yes.

Cain: Yes.

Gingrich: Yes. Cooper v. Aaron‘s assertion of judicial supremacy was wrong. Following the precedent of the first Jefferson administration, I would abolish some federal judgeships. But I am not as bold as Jefferson. “I would do no more than eliminate Judge Barry in San Antonio and the ninth circuit. That’s the most I would go for. (LAUGHTER) (APPLAUSE). But let me say this. That’s part of the national debate. That’s not a rhetorical comment. I believe the legislative and executive branches have an obligation to defend the constitution against judges who are tyrannical and who seek to impose un-American values on the people of the United States.”

Paul: No. Violence and murder should be dealt with by the states. The federal police are already too numerous. I support a bill to deprive lower federal courts of jurisdiction over abortion cases, so that state restrictions on abortion would be immune from judicial review.

Romney: No. I would focus on appointing judges who would return abortion regulation to the states. The George proposal “would create obviously a constitutional crisis. Could that happen in this country? Could there be circumstances where that might occur? I think it’s reasonable that something of that nature might happen someday. That’s not something I would precipitate.”

Personally, I agree with the Romney approach. Moreover, the next President is going to have to address a fiscal crisis that will devastate the United States economy soon if it is not solved. Dealing with the fiscal crisis is going to be quite difficult politically, in part because there are many millions of people who benefit from the current, and unsustainable, levels of federal spending. The tax consumers may be very highly resistant to any reduction in the amount of money that flows to them. So there will be no shortage of national division and acrimony. Thus, 2013 would be an especially bad time to precipitate a constitutional crisis over a social issue. The answers of Romney and Paul displayed prudence, which I think is a very important characteristic for a President, and the answers of Bachmann, Cain, and Gingrich did not.

As for the Ninth Circuit, Gingrich has been saying the same thing since March, according to Politico. I have not found anywhere where he has provided details on this plan, but perhaps it would involve merging the 9th circuit states into the 8th and 10th circuits, since they border the 9th. The Politico article is not entirely clear, but it appears that Gingrich has claimed that he could get rid of the 9th circuit by signing an executive order. This would be plainly unconstitutional, a usurpation of power worthy of impeachment. Article III gives Congress, not the President, the power to “ordain and establish” the inferior federal courts. During the Jefferson administration, the Judiciary Act of 1802 repealed the Judiciary Act of 1801, in which the lame duck Federalist Congress had created many new federal judgeships, to which President John Adams had appointed Federalists in the waning days of his administration. As President Jefferson recognized, the choice to eliminate federal judgeships belongs to Congress, not the President acting by himself. [Update: a commenter says the video (for which a link was not provided) shows that Gingrich was not claiming that he could abolish the 9th Cir. by executive order. I looked on the Internet, and did not find a video of the March 25 Iowa speech by Gingrich. There's a video of a speech earlier that month in Iowa, in which he criticizes the 9th cir. but does not call for its abolition.]

My recent article for America’s 1st Freedom traces the rise and fall of the theory that the Second Amendment is not an individual right, but instead is a “collective right,” which, like “collective property” in a communist country, supposedly belongs to everyone collectively, but in fact belongs to no-one. The theory was created by a federal district judge in 1935, formally named by the New Jersey Supreme Court in 1968, and became popular among lower federal courts during the next quarter-century.

Historical and textual analysis made it increasingly clear that the theory was completely implausible, and it was unanimously rejected by the U.S. Supreme Court in the 2008 case District of Columbia v. Heller. In that case, all nine justices agreed that the Second Amendment right was individual, while they disagreed about its scope.

This essay, which I wrote in 2000, celebrates the brave men and women of the Colorado labor movement, who in the coal fields of southern Colorado early in the 20th century, stood up against murderous company goons and against the soldiers of the Colorado National Guard who perverted their organization. 

Labor Day is a day to remember that labor rights are human rights, and that the right of Americans to come together in voluntary organizations, including labor unions, is part of the core of American freedom. On Veterans Day or Memorial Day, we remember that the freedoms we enjoy today are the fruit of the sacrifices made by our armed forces. We remember this even if we disagree with some military actions, or even if we know that some past or present military leaders were bad people. Likewise, on Labor Day, even if we recognize the harmfulness of much of the current agenda of SEIU, NEA, and so on, we should remember the historic debt that all Americans owe to the Labor movement. One part of that debt is the essential role that labor leaders such as Walter Reuther and Lane Kirkland played in providing bipartisan support for resistance to the evil Soviet empire, an empire whose ultimate objective was to reduce all the workers of the world to slavery.

In 1980, one of the major party presidential nominees opened his general election by delivering a speech in a small town in the Deep South that just by coincidence happened to be the national headquarters of the Ku Klux Klan. That same candidate had previously complained about federal housing policies which attempted “to inject black families into a white neighborhood just to create some sort of integration.” He argued that there was “nothing wrong with ethnic purity being maintained.” That candidate was President Jimmy Carter, the Democratic nominee.

Carter kicked off his general election campaign with a speech in Tuscumbia, Alabama. Although the Klan’s headquarters were located in that small town, Carter was not appealing to the Klan vote, but was instead hoping to win the votes of the more than 40,000 people who saw him speak at the town’s annual Labor Day fair. Perhaps Carter chose to start his general election campaign in rural Alabama because he recognized that Reagan might take away some of the southern states that had been crucial to Carter’s win in 1976. As things turned out, Carter was right to be concerned; he ended up losing Alabama by 1%.

After the Republicans nominated Ronald Reagan in Detroit in July, he gave his first post-convention speech in New Jersey, near the Statue of Liberty. While the informal opening date of the general election campaign is traditionally Labor Day, Reagan continued to campaign during August, and on August 3, 1980, spoke at the Neshoba County Fair in Mississippi. The Neshoba Fair is large and popular, which probably explains why Democratic Senator John Glenn campaigned there in 1983, when seeking the presidential nomination, and why Democratic presidential nominee Michael Dukakis spoke there during the 1988 general election campaign, shortly after being nominated by the Democratic Convention.

Seven miles away from the fairgrounds is the town of Philadelphia, Mississippi, where three civil rights workers were murdered in 1964. Unfortunately, it would be difficult to find many places in Alabama or Mississippi which are not within seven miles of the scene of some infamous past act of racial violence, such as a lynching.

Reagan’s Neshoba speech was 33 paragraphs, consisting almost entirely of remarks about economics and jokes about Jimmy Carter. In the middle of the speech, he discussed his experience with welfare reform as Governor of California. He began by rebutting the idea that people on welfare are lazy and don’t want to work. To the contrary, said Reagan, they were just trapped by bureaucracy. Welfare, education, and other programs would work better for their beneficiaries if they were managed by state and local governments, rather than federally:

“I don’t believe stereotype after what we did, of people in need who are there simply because they prefer to be there. We found the overwhelming majority would like nothing better than to be out, with jobs for the future, and out here in the society with the rest of us. The trouble is, again, that bureaucracy has them so economically trapped that there is no way they can get away. And they’re trapped because that bureaucracy needs them as a clientele to preserve the jobs of the bureaucrats themselves.

“I believe that there are programs like that, programs like education and others, that should be turned back to the states and the local communities with the tax sources to fund them, and let the people [applause drowns out end of statement].

“I  believe  in  state’s  rights; I believe in people doing as much as they can for themselves at the community level and at the private level. And I believe that we’ve distorted the balance of our government today by giving powers that were never intended in the constitution to that federal establishment. And if I do get the job I’m looking for, I’m going to devote myself to trying to reorder those priorities and to restore to the states and local communities those functions which properly belong there.”

A rather mainstream sentiment, even if some devotees of federal centralization might disagree with it. Indeed, the bipartisan welfare reform law signed by President Clinton carried out Reagan’s vision, by returning much of the control of federal welfare programs to the states.

Some ignorant people claim that “state’s rights” is just a euphemism for racism. The phrase certainly has been sometimes been misused that way, but it is false to claim that the phrase is necessarily racist. Rep. Barney Frank (D-Mass.) introduced the “States’ Rights to Medical Marijuana Act” in the 107th, 108th, and 109th Congresses.

Reagan ended up winning Mississippi by 1.4% of the vote. Both Reagan and Carter were politically smart to take the opportunity to speak before large audiences in the rural South in states where the election would be close. It would be false to say that Carter was appealing to racists because he kicked off his campaign in a town that was the current home of the Ku Klux Klan, and it would be equally false to say that Reagan was appealing to racists because he mentioned his lifelong theme of state’s rights at a county fair several miles away from the site of an infamous crime 16 years earlier. Today, columnists and commentators who tell you that the ”kick off” for Reagan’s general election campaign was an appeal to racists are demonstrating that they don’t bother to check the facts before they make extreme allegations. People who are making coded appeals to racism don’t tell their audience that the “stereotype” of welfare recipients is wrong,  and that “the overwhelming majority” of them want to work.

The annual “time machine” episode of Colorado Inside-Out garners a threepeat, winning the best documentary award for the third year in a row, from the Heartland Chapter of the National Academy of Television Arts & Sciences. This year’s win is also a Triple Crown, with Emmy awards for best sound, and best program. Watch the triple-triple award-winning 1935 episode of CIO (produced in 2010), including Kopel as law professor Israel Ben Koplowitz, a Democratic supporter of Al Smith who is skeptical of FDR. Some other episodes: 1951 (produced in 2011), 1959 episode (Emmy winner, produced in 2009), 1858 episode (Emmy winner, produced in 2008).

In the la la land of Washington, DC, the secret password has been “debt ceiling” for weeks now. The August 2nd deadline is fast approaching and talks of raising the roof (or ceiling if you prefer), are still raging on with no deal in sight. Because the two sides cannot come to an agreement, we’ve seen the art of the narrative played to perfection by the Obama administration. They’ve made it so that every time someone says the secret password (debt ceiling), they must also say “default” within one or two sentences. By ingraining this one-two punch into the minds of the public, the White House has successfully utilized the fear card. “You don’t want to let us borrow MORE money? How does the United States government defaulting sound to you?” Or, “You want to CUT spending at a time like this? You must want full economic armageddon!” …And so on according to the mainstream narrative.

This economically ignorant line has been parroted from every corner of every media outlet in existence. I dare you to browse the web or flip on your TV or radio and not hear someone say “debt ceiling” and “default” within 3 minutes. But at least we have our own paper of record, the Denver Post, to relieve us of this ignorance… right?

If the debt ceiling isn’t addressed by Aug. 2, there is a great chance that the United States of America, the richest country in the world, would default on its obligations.

NO! NO! STOP! Tell me that’s a typo. That’s gotta be a misprint right guys?

Of course it isn’t. It’s not a misprint, it’s Wednesday’s editorial. Where does a guy have to go to get some sanity around here? Isn’t it obvious that if the debt ceiling is not raised we’d prioritize paying our bills? Okay, so we can’t borrow any more money. Fine. How about we prioritize our debt payments at the top of list – as the first things we pay with the money we have. Then after that, we move on to the most essential functions of government. By the time we run out of money, we’ll have not funded some bottom of the barrel government bloat – like the latest green energy scam or some other wasteful corporate welfare. This is exactly the action that any normal person would take if faced with the same situation. We’d prioritize our obligations by importance and necessity, and when we finally got down to luxuries such as those sports tickets we wanted or that sweet cordless drill, guess what? We couldn’t buy it.

We wouldn’t just throw our hands up in the air say, “I guess I can’t eat now!”

For some much needed sanity on the issue, I found this article on the Mises Institute website titled, A Short History of US Credit Defaults. After going through some earlier defaults in our country’s history, it concludes with this passage about our current situation:

In this event, it is unlikely a default will occur. Historically, governments prioritize debt service above all other expenses. If the expansion of funds via debt becomes impossible, the Treasury will cease paying other expenses first, starting with “nonessential” discretionary expenditures, and then move on to mandatory expenditures and entitlements as a last resort. In extremis, what will happen is that all the losses will be foisted onto the Federal Reserve. The Fed holds something on the order of $1.6 trillion in debt issued by the Treasury of the United States. By having the Federal Reserve purchase blocks of Treasury debt and defaulting on these non-investor-held securities, the United States can postpone a default against real investors essentially forever.

Thank you to the Mises Institute and to anyone else who is not perpetuating this myth. Even better than not perpetuating this silly ignorance, would be to advance a better, more truthful narrative. How about this one?  How about we all jump on the “lower the debt ceiling” bandwagon! Take that!

What happens when an avowed anti-gunny named Thom Hartmann tries to take on Dave Kopel? Well, find out yourself.

Oooooohhhhhh, that must sting a little.

From my article Armed Resistance to the Holocaust, 19 J. on Firearms & Public Policy 144 (2007). (For Polish translation click here).

On January 18, 1943, the Germans rounded up seven thousand Jews and sent them to the extermination camp at Treblinka; they killed six hundred more Jews right in Warsaw. But on that day, an uprising began. In the beginning, the Jewish Fighting Organization had about 600 volunteers; the Jewish Military Association had about 400, and there were thousands more in spontaneous small groups. The Jews had only ten handguns, but the Germans did not realize how under-armed the Jewish fighters were.
After four days of fighting, the Germans on January 21 pulled back from the ghetto, to organize better. Another diary written in the Warsaw ghetto exulted:

In the four days of fighting we had made up for the same of Jewish passivity in the first extermination action of July, 1942. Not only the Germans were shocked by the unexpected resistance, Jews too were astonished. They could not imagine until then that the beaten, exhausted victims could rise against a mighty enemy who had conquered all of Europe. Many Jews who were in the streets of Warsaw during the fighting refused to believe that on Zamenhof and Mila Streets Jewish boys and girls had attacked Germans. The large-scale fighting which followed convinced all that it was possible.

On February 16, 1943, Heinrich Himmler ordered that the Warsaw ghetto be exterminated on April 19. The plan was to give Hitler a Judenrein Warsaw as a present for his April 20 birthday.

On that night of April 19, the Warsaw Jews partook of the Passover Seder. Since September 1939, they had eaten the bitter herbs of slavery. Now, they were drinking the wine of freedom.

The Nazi Minister of Propaganda, Joseph Goebbels, wrote in his diary, “the joke cannot last much longer, but it shows what the Jews are capable of when they have arms in their hands.” The Nazis brought in tanks. The Jews were ready with explosives. First one tank and then a second were immobilized in the middle of the street, in flames, their crews burned alive. [Uprising leader Emanuel] Ringelblum recalled:

Now the fighters as well as the non-combatant Jews who have crawled out of their hiding places have reached the pinnacle of jubilation….According to one eyewitness account, “The faces who only yesterday reflected terror and despair now shone with an unusual joy which is difficult to describe. This was a joy free from all personal motives, a joy imbued with the pride that that ghetto was fighting.”

Another eyewitness describes the confusion in the German ranks: “There runs a German soldier shrieking like an insane one, the helmet on his head on fire. Another one shouts madly ‘Juden…Waffen…Juden… Waffen!’” [Jews…weapons!]

(For a 2001 essay that Glenn Reynolds and I wrote on Jewish resistance at Warsaw and elsewhere, click here.)