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--- Tuesday, March 23, 2004
A Lawyer's Take on the Pledge Case
Family News in Focus records some good insights from a constitutional scholar and attorney:
The statement "One nation under God" is a statement of political philosophy, a shorthand rendering of what it said in the Declaration of Independence: "That we are endowed by our Creator with certain inalienable rights," and that governments are established to secure those rights. Just because the God-word is in it doesn't render it religious, or devotional, or ritualistic, or anything. Therefore, it is not even an Establishment Clause issue at all.
For a court to say that this phrase "under God" is like reciting the Lord's Prayer or some religious ritual is...bending the common-sense concept as well as ignoring 200 to 300 years of American history where these kinds of statements were routinely made by government officials, and were not viewed as devotional acts but were viewed as appropriate public displays of the principles of what government the United States.
States' Rights and a National Standard
Maggie Gallagher advocates the need for a national definition of marriage:
How long is it before some Islamic leader gets the message that America is not serious about enforcing its marriage norms? If marriage is an individual civil right, it cannot be a social norm. A norm guides and shapes individual behavior, to produce a common good. An individual right is a license for each individual to decide for himself what good to seek. How can an individual right to marriage exclude Muslims who want more than one wife? Or bisexual women who would like to share a husband?
What will happen if we fail to affirm a national definition of marriage? Sex, love, and intimacy are private things. Marriage is a public act. A person who marries undergoes a change in status that others must acknowledge. That's why the advocates of single-sex marriage won't settle for civil unions. They hope and intend for their vision of marriage to become the new norm. If the marriages of same-sex couples are to be publicly acknowledged as the full equivalent of marriages uniting husband and wife, everyone's ideas about marriage will have to change. I fear that the whole debate over federalism may unravel the entire charge toward ratifying a marriage amendment. Yet I fail to understand how state authority is at all threatened, even by the original version of the FMA (which was itself modified yesterday). Frankly, I don't believe that state or federal goverments should be able to create homosexual civil unions either, but I would not abandon the amendment if that issue is not addressed. But a national standard for marriage itself must exist (and it seems that either an amendment or the Supreme Court will eventually decide that standard). We take it for granted that such a standard has always existed without question -- and even polygamous Utah was made to abide by that standard when it entered the Union. Herein the "slippery slope" argument applies yet again, for if states are free to redefine marriage as they wish, why couldn't Utah or any other state elect to allow polygamy? Should it be allowed to do so?
Not only that, but thus far it hasn't been the "states" that have created homosexual marriage, it's been action by judicial activists or rogue city officials that have defied the will of the people and/or current state law. That said, we cannot simply brush aside supposed intrusions upon federalism. But does maintaining our definition of marriage in any way create a broader authority for the federal government? I think that, on the contrary, it restricts federal legislature and judiciary from encroaching upon the basic institution upon which our society functions.
The Day Before...
The panel investigating Sept. 11 has revealed that the United States had drafted a plan to oust Taliban leaders on September 10, 2001.
Shortly before the Sept. 11 attacks, the Bush administration was debating how to force bin Laden out of Afghanistan. At a Sept. 10, 2001, meeting of second-tier Cabinet officials, officials settled on a three-phase strategy. The first step called for dispatching an envoy to talk to the Taliban. If this failed, diplomatic pressure would be applied and covert funding and support for anti-Taliban fighters would be increased. This could be a huge development. One must wonder whether terrorist leaders were aware that the Bush administration were getting dangerously close to military engagement against the Taliban. At the very least, this report would confirm that Bush strategists recognized the threat from al-Qaeda before the attacks against New York and DC.
A Pledge for a New Culture
Bill Murchison comments on the upcoming Pledge of Allegiance case before the Supreme Court:
Legal commentators may think the court is poised to resolve some of these controversies. Ho, ho, ho. We the people will somehow have to resolve them for ourselves. We really don't know what we believe anymore -- I mean, as a nation.
The staid religiosity of our forbears compels and persuades less powerfully than of old. Nor, in my view, could we restore it simply by overturning the jurisprudence of the past four decades, starting with the decision to outlaw formal prayer in public schools.
We would first have to work out our disparate views on spiritual independence -- on our fast-evolving commitment to avoid community standards of belief and action. Where in the past we might have deferred (generally) to authority, now we say, chirpily, "Over to you..." Whatever you think. Follow your bliss. Your truths, my truths. If it feels good, do it....
How the high court will negotiate this matter -- are we "one nation under God" or not? -- God alone can say. My own thoughts are also in a Townhall.com column today.
One Down...
I don't always agree with WorldNetDaily editor Joseph Farah, but I certainly appreciate his straight talk and his get-to-the-point opinions. Anyway, here's Farah's response to Israel's killing of Hamas leader Yassin.
This is the way terrorism must be fought. It needs to be decapitated. It needs to be discouraged with overwhelming force. It needs to be met with greater terror.
I know this is not politically correct. I know we're all supposed to give lip service to the "peace process." I know it is not considered kosher to encourage Israel to take out its terrorist enemies the way the U.S. takes out its own.
I don't care.
Three cheers for the death of Sheikh Ahmed Yassin.
Who was Yassin?
He was a terrorist clothed in the garb of a holy man. He repeatedly said the land of Israel is "consecrated for future Muslim generations until Judgment Day." Well, Judgment is here -- at least for Yassin. As we'll no doubt hear for weeks to come, targeting terrorist leaders for assassination could incite sympathizers to carry out retaliatory attacks, in Israel and the United States. Such is war -- it's hell, no question. But sticking our heads in the sand and hoping the enemy will go away isn't going to win the war against terrorism. Our enemies are fueled by an intense hatred that, unfortunately, can only be met by a forceful defense.
--- Monday, March 22, 2004
This Means...Global War
A statement allegedly made by an al-Qaeda subsidiary wants to make the United States (and others) pay for the death of Hamas leader Sheikh Yassin. (Link found at Drudge).
On Christ, the Solid Rock, We Must Stand
Albert Mohler explores how the homosexuality issue has exposed many of the shortcomings of the church:
Within a few short years, a major dividing line has become evident -- with those churches endorsing homosexuality on one side, and those stubbornly resisting the cultural tide on the other.
The homosexual rights movement understands that the evangelical church is one of the last resistance movements committed to a biblical morality. Because of this, the movement has adopted a strategy of isolating Christian opposition, and forcing change by political action and cultural pressure. Can we count on evangelicals to remain steadfastly biblical on this issue?
Not hardly. Scientific surveys and informal observation reveal that we have experienced a significant loss of conviction among youth and young adults. No moral revolution can succeed without shaping and changing the minds of young people and children. Inevitably, the schools have become crucial battlegrounds for the culture war. The Christian worldview has been undermined by pervasive curricula that teach moral relativism, reduce moral commandments to personal values, and promote homosexuality as a legitimate and attractive lifestyle option. Too many good quips in this piece to quote, but here are the keywords that Mohler uses: Truth, Courage, Morality, Compassion. He seems to suggest that the church is failing in all of those areas. But clearly its duty is to stand firm on God's truth, while offering His mercy and compassion even to those who do not deserve it (ie all of us).
Comrades?
Insight Magazine has a fascinating report on Vladmir Putin's curious activities during the days before the Russian election a couple weeks ago.
It was the ultimate campaign stunt: The president, clad in a navy uniform and white gloves, at sea on a sunny morning, standing on the deck of a giant titanium-hulled ballistic-missile submarine. He looked on smartly as the military began a weeklong exercise to unleash its triad of intercontinental ballistic missiles (ICBMs), submarine-launched ballistic missiles and strategic bombers in the biggest nuclear doomsday drill since the coldest days of the Cold War....
An American president well could have been run out of office for personally commanding and celebrating such political theater. The commander in chief in this case, however, was Russian President Vladimir Putin. The date was Feb. 17, less than a month before the March 14 elections that everyone expected him to win. Bezopastnost-2004, as the strategic command and staff exercise was called, was a mock nuclear attack on the United States, the largest since Communist Party boss Leonid Brezhnev ruled from the Kremlin in 1982.
The Divided Methodist Church?
There are countless things wrong with the situation that has played out within the United Methodist Church's hierarchy. The church has just voted to allow an openly lesbian minister to continue her role in a Washington state congregation. Despite the denomination's explicit rules forbidding homosexuality among its clergy, the rules are apparently more like guidelines, able to bent, moved, and broken on a whim. As reported by Christianity Today, the Methodist "Book of Discipline" states: "Since the practice of homosexuality is incompatible with Christian teaching, self-avowed practicing homosexuals are not to be accepted as candidates, ordained as ministers, or appointed to serve in The United Methodist Church."
Sounds pretty clear, doesn't it? And, in fact, the rule corresponds absolutely with the Scriptures' admonitions on both sexuality and church leadership. Yet in this age of "tolerance" toward not just any person, but also any lifestyle or idea or belief, even mainstream churches are unable -- or unwilling -- to stand firm on the truths laid down by God Himself. The Bible states blatantly in Leviticus, Romans and elsewhere that living a homosexual lifestyle is, in itself, direct defiance of the Lord's design and sovereignty. There's no way around that, although we are certainly to be compassionate to those who struggle with such temptation. But how can someone living in a lifestyle that disregards God's will be expected to shepherd His people to be stronger disciples and more effective servants?
It goes without saying, but if the Church does not unabashedly stand upon its foundation in Christ, no one else will. Without losing its compassion toward all people, God's people must not hide from the absolute truths set forth by His word. And one of those truths is that sex is only appropriate between a man and a woman who have committed their lives to each other in the coventant of marriage. Period.
"Passion" Drops to No. 2
Perhaps it is a bit ironic that the "grisly," "excruciating," "grotesque" violence of "The Passion" was ousted from being the king of the box office by a movie about flesh-eating zombies?
This Means War (Again)
Israeli helicopters took out one of the founders of the Hamas terrorist organization today, inciting predictably violent words from other Hamas supporters. All of this comes just a few days after a terrorist attack caused Ariel Sharon to cancel talks with the PA prime minister. After today's killing, Hamas leaders are proclaiming that "Sharon has opened the gates of hell and nothing will stop us from cutting off his head." With patriots like those, who needs traitors. That there can never be peace in the midst of such hatred should be obvious by now.

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