Posts tagged with: rule of law

Blog author: ehilton
posted by on Wednesday, January 29, 2014

constitutionIn today’s Wall Street Journal, Senator Ted Cruz (R.- Texas) discusses the presidency of Barack Obama, on the heels of the president’s State of the Union address last night. Cruz takes the current president to task on a simple theme: the rule of law.

Rule of law doesn’t simply mean that society has laws; dictatorships are often characterized by an abundance of laws. Rather, rule of law means that we are a nation ruled by laws, not men. That no one—and especially not the president—is above the law. For that reason, the U.S. Constitution imposes on every president the express duty to “take Care that the Laws be faithfully executed.”

Yet rather than honor this duty, President Obama has openly defied it by repeatedly suspending, delaying and waiving portions of the laws he is charged to enforce.

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Acton’s second documentary, The Birth of Freedom, begins with Martin Luther King, Jr.’s “I have a dream” speech and ends with an image from the Civil Rights movement. The documentary, which aired on PBS, explores how the speech is rooted deeply in the Western freedom project and how that centuries-old project is itself rooted in the Judeo-Christian tradition. If you watched one promotional about the documentary, it was probably the official trailer, but Acton also made a shorter teaser for the film, which features King’s speech front and center. Here it is below, and below it, a link to order and share the documentary– (more…)

Women tending a farm field in Kosovo

Women tending a farm field in Kosovo

In its first five years as an independent country, Kosovo has not experienced the positive developments that were hoped for, and remains far behind most countries in terms of economic development and rule of law. It is one of the poorest countries in Europe, boasting a meager 2012 per capita GDP of $3,453. Partly accounting for this low statistic is the minimal involvement of women in the economy. A 2012 World Bank report measures the portion of working-age women employed to be only 11 percent.

Along with scarce economic engagement, Kosovo struggles with corruption. It remains among the countries with the highest corruption levels, receiving a Corruption Perceptions Index 2012 score of 105, a far worse ranking than most states in the region.

In her recent lecture at Calvin College, Sandra F. Joireman, Weinstein Chair of International Studies and professor of Political Science at the University of Richmond, touched on these topics in relation to another major issue in Kosovar society: private property. In her presentation she explained that, “only 8 percent of property in the country is owned by women.” This statistic is far below most all other countries, including Balkan states.

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Martin_Luther_King_-_March_on_WashingtonMartin Luther King’s “I Have a Dream Speech” is steeped in American patriotism, the American Founders, and the Judeo-Christian worldview. Today marks the 50th anniversary of his speech, and King’s remarks are receiving considerable attention. As I mentioned in a past commentary, King made no reference to contemporaries except for passing references to his children and Alabama’s governor. He homed in on the significance of the American Founding and the Emancipation Proclamation while lamenting that there was a check marked with “insufficient funds” for many citizens because of segregation and racial injustice. The Scripture and religious tradition isn’t overtly mentioned until halfway through when King quotes Amos 5:24.

When you read the text of his remarks, you realize King is not offering up new ideas or a political revolution but positing his argument in America’s past and the justice and biblical deliverance that shaped the Western tradition, but specifically America. By borrowing from these ancient truths, King wasn’t just appealing to black America but you could easily argue more specifically to white America. He was using the language and tradition that they were most familiar with. He borrowed from the founders, the American tradition, and its sources. The biblical language he used was one of not just liberation or the Exodus, popular in black churches, but also words that spoke of redemption, an even more familiar theme among America’s white Protestants. Even the “let freedom ring” cadences are an indirect reference to the Liberty Bell, which Americans knew well.

While later in his career and ministry, King would go on to encourage more and more federal action, some needed and some not, the “I Have a Dream” speech is essentially conservative in its roots. And of course without the American tradition of liberty, justice, and the rule of law, the speech would not have been possible and would have rung hollow. Even King’s tactic of Christian appeal through non-violence wouldn’t have been effective against a pagan or secularized culture.

In his speech, King was effective because he appealed to America’s strengths, which were America’s founding, the rule of law, and the strong role of religion and faith throughout the country. These are all things we as a country are moving away from today, and it’s a detriment to not just the appeal King made in his 1963 address, but almost all of the aspects of virtue and liberty in our society. I suspect that fact will be neglected or missed entirely by most of today’s commentators on King’s speech.

Climbing_into_America_Ellis_Island_by_Lewis_HineIt is a moral right of man to work. Pursuing a vocation not only allows an individual to provide for himself or his family, it also brings human dignity to the individual. Each person was created with unique talents, and the provision of an environment in which he can use those gifts is paramount. As C. Neal Johnson, business professor at Hope International University and proponent of “Business as Mission,” says,

“God is an incredibly creative individual, and He said that I’m making men and women in my own image. He made us to be creative individuals … He gave a number of things to humanity and to mankind and said, ‘Look, this is who I want you to be. This is who I’ve made you to be. I want you to take dominion. I want you to exercise your creative gifts.’”

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calvinThough primarily a theologian, the famous Reformation figure John Calvin had much to say about the application of biblical principles to politics. His focus on the sovereignty of God in all aspects of Creation led Calvin to believe in God’s ordinance not only in the spiritual realm, but also in civil government. Citing Scriptural passages such as Proverbs 8:15-16 – “By me kings reign, and princes decree justice. By me princes rule, and nobles, even all the judges of the earth” – Calvin demonstrated that all governments are ordained by God. In Calvin’s mind, therefore, the rule of civil authority was paramount to the governance of society.

Law had been the subject of Calvin’s studies before he joined the Reformation movement. Although originally decided for the priesthood, Calvin had been sent to Orleans to study law by his father following a dispute with a local bishop in Paris. It was in Orleans that the importance of the legal order was first engrained into his mind. From there, he moved to Bourges to study under Andrea Alciato, an ingenious Italian humanist lawyer who taught Calvin new ways of studying and analyzing historical legal sources. Calvin would later use these skills in his analysis and interpretation of the Bible. All his training in France would prepare Calvin for a life of theology and statesmanship in Geneva. (more…)

Reading through Scalia Dissents: Writings of the Supreme Court’s Wittiest, Most Outspoken Justice, I came across this gem: “No government official is ‘tempted’ to place restraints upon his own freedom of action, which is why Lord Acton did not say ‘Power tends to purify.’”

The comments from Justice Scalia emerged from Planned Parenthood of Southeastern Pennsylvania v. Casey (1992). A fuller context to his words gives added meaning to the threat to liberty and the rule of law from activist courts:

The Court’s statement that it is “tempting” to acknowledge the authoritativeness of tradition in order to “cur[b] the discretion of federal judges” is, of course, rhetoric rather than reality; no government official is tempted” to place restraints upon his own freedom of action, which is why Lord Acton did not say “Power tends to purify.” The Court’s temptation is in the quite opposite and more natural direction – towards systematically eliminating checks upon its power; and it succumbs.

Jordan Ballor reminded me of a similar Lord Acton quote: “Everybody likes to get as much power as circumstances allow, and nobody will vote for a self-denying ordinance.”

A few days ago, a documentary entitled: Half the Sky: Turning Oppression into Opportunity for Women Worldwide, a portion of which is devoted to depicting the situation of violence against women in Sierra Leone, aired on Public Broadcasting Station (PBS). Not portrayed in the documentary, but also a factor that puts women in the country at a disadvantage is little or no right to private property. An INRN article states, “…the vast majority of women in Sierra Leone live under traditional land tenure structures that do not recognize a woman’s right to own property.”

These structures have prevented women from owning land, which is vitally important for business operation and personal livelihood. Escape from this land system is nearly impossible. Many of the provinces in Sierra Leone are governed through a legal system run by heads of ruling families, known as paramount chiefs. The article goes on to explain, “Paramount chiefs, the “custodians of the land,” are generally men and most ethnic groups do not allow women to inherit land and property.” (more…)

One line from last night’s debate leapt out at me. It wasn’t a stumble amidst the cut and thrust of open debate. It was during President Obama’s closing statement—400 words that I’m guessing he and his staff crafted with painstaking care.

About half way through his summation, the president gave his vision of government in a nutshell. He said that “everything that I’ve tried to do, and everything that I’m now proposing for the next four years,” was “designed to make sure that the American people, their genius, their grit, their determination, is – is channeled.”

In that one word, channeled, President Obama distilled the problem. It isn’t his job to channel America’s genius, grit and determination anymore than it’s a traffic cop’s job to tell you where to go when you hop in your car. The police officer has an important role. Government has an important role. But it isn’t to channel.

That isn’t how you free a country for greatness; it’s how you suffocate it, by having politicians and bureaucrats endlessly picking winners and losers, inserting themselves into the middle of every market bigger than a lemonade stand. (Oh wait, they got to the lemonade stand, too.)

President Obama quickly went on to explain what he meant by the federal government channeling, but the gloss was cold comfort. The good parts of the gloss—“everybody’s getting a fair shot,” “everybody’s playing by the same rules”—had nothing to do with channeling. And the part that was all about channeling—the government making sure that “everybody’s getting a fair share, everybody’s doing a fair share”—was just same failed, slightly creepy vision of an all-embracing nanny state that has Europe on the brink.

Blog author: ehilton
posted by on Friday, September 14, 2012

Yesterday at Mashable.com, a leading social media site, an article entitled ‘5 Fun Games With a Higher Purpose‘ was featured. The article noted that these types of games attempted to combine fun with some sort of societal impact. One game, Darfur is Dying, allows the player to simulate life in a Darfuri refugee camp for a family. If one family member leaves to get water and is killed or captured, the player must choose the next family member to send out. The game prompts players to make donations to humanitarian organizations.

Another game, Survive125, challenges folks to survive on $1.25 a day, with choices like sending one’s young daughter into a factory job or selling her to a prostitution ring. At the end of the game, the player is once again enjoined to make donations to various charities.

While the main purpose of these games seems to be to heighten awareness of global issues that plague much of the world’s population, there is something decidedly distasteful about playing at poverty. Every human, in every living situation, has dignity, and their lives are not games. Despite living in a refugee camp, a woman has dignity. A man trying to support his family on mere pennies a day has dignity. The image of a person casually punching their smartphone while playfully dodging bullets or sending a daughter off to a life of prostitution – real occurrences in some people’s lives – leaves a bad taste in one’s mouth…and perhaps a callous on one’s soul.

These games don’t do a darn thing, except provide a form of vulgar entertainment. A person may or may not be moved, at the end of play, to make a donation to an NGO or charity. If a donation is made, will it make a difference? What stands in the way of that donation and making a difference in Darfur or another place in the developing world? Corruption, lack of rule of law, lack of private property rights, lack of adequate education….the list goes on. The donation of money to foreign countries is not, and has never been, the answer to these issues. One need only look at Haiti (note this post and this one) to see that foreign aid not only doesn’t help but often hurts.

Such games foster the illusion that a person playing a game, who knows nothing of what it means to live in war-torn country or eke out an existence on a sub-standard income, is more able to alleviate and solve the issues in the developing world than those in the developing world themselves. What the people in these circumstances lack is not donations from the players of Darfur is Dying. What they need are the tools to create a safe, sustainable existence for themselves, supported by those with the capacity to offer real partnership. Games don’t solve poverty; hard, dignified work done by real people with creative minds does.

This article is cross-posted at PovertyCure.org.