Denouncing political debates that “bear little or no relation to the actual problems the United States faces,” Kennedy urged policymakers to think again before engaging in “false dialogues” that “distract our attention and divide our efforts.”
“The very future of freedom depends,” he believed, “upon the sensible and clearheaded management of the domestic affairs of the United States” and a “vigorous economy” -- quaint concerns 52-years hence.
Because today's political discourse is so dishonest and domestic affairs so muddled, we're living in an era of manufactured social strife. Creating policy impasses, politicians pick unnecessary fights over our constitutional system's commitment to individual liberty and the rule of law, transforming dissenters into black-hearted villains with sinister agendas.
Faux-hysteria and fear mongering -- especially in an election year -- are potent tools for squeezing money and outrage from voting blocs whose “rights,” they're told, are under assault.
Witness the feverish backlash to the Supreme Court's recent Hobby Lobby decision. The ruling grants the company a religious exemption from a regulatory mandate issued by the U.S. Department of Health and Human Services -- imposed during the 2012 election year without congressional input -- forcing employers to provide 20 types of contraception, including four abortion-inducing methods.
Facing crippling Internal Revenue Service-enforced penalties, the company's devoutly Christian owners refused to provide the four abortifacients -- all cheap and ubiquitous -- even though their gold-plated health plan covers the other 16 contraceptives cost-free.
Now closely held for-profit companies like Hobby Lobby (where five or fewer shareholders own at least half the corporation) needn't defy their owners' religious conscious, shocking national leaders, including Nancy Pelosi and Hillary Clinton. Based only on their reactions, Americans could fairly assume the court had banned contraception and imposed an employer-led theocracy.
Forgetting an all-male majority decided Roe v. Wade, Pelosi opined, “we should be afraid of this Court, that five guys should start determining what contraceptions are legal or not” -- rated “false” by Politifact.
Clinton suggested that in denying women “access to contraception,” the ruling is “a really bad, slippery slope” akin to “a disturbing trend that you see in a lot of societies that are unstable, anti-democratic, and prone to extremism.”
In fact, because the government has alternative ways to assure cost-free contraception, the court crafted a narrow holding that respects religious liberty without interfering with employees’ rights. Women enjoy the same access to contraception they’ve always had, and all forms are legal.
Speaking to his MSNBC choir, constitutional scholar Laurence Tribe explained the case hinged on the 1993 Religious Freedom Restoration Act. Co-sponsored by Pelosi, passed by Congress nearly unanimously and signed by President Bill Clinton, the law says, “corporations, along with people and … unions, should be able to argue that something needlessly burdens their religion,” clarified Tribe, concluding, “That's not [a] radical decision.”
Tribe won't be quoted this election year. Absent an improving American standard of living, politicians need the faux “war on women” narrative to woo female voters, as they do the Latino vote-winning claim that proponents of immigration law enforcement are racist xenophobes.
Like the Hobby Lobby case, the escalating humanitarian crisis on the southern border was avoidable if the government merely followed the law. After all, what distinguishes America is our healthy respect for the law. Instead, pro-amnesty appeals and the Obama administration's de facto “open border” policies created powerful magnets for migrating multitudes.
Though the administration insists the border is secure and unlawful crossers will be deported, the migratory surge proves otherwise. So does a leaked Border Patrol memo saying only 3 percent of detainees are repatriated.
The illegals and their countrymen know from experience that indefinite U.S. residency is virtually guaranteed, incentivizing them to make the life-endangering trek.
The influx of under-age migration, up five-fold since 2012, began shortly after Obama’s election-year order effectively legalizing 550,000 alien youths. They’re coming predominately from countries not contiguous to the U.S. because of a 2008 anti-trafficking law granting repatriation leniency to non-Mexicans, which must be corrected.
If our leaders were as clear-headed as Kennedy, they'd realize that a national consensus on immigration won't happen without crisis-ending steps including: building fences in insecure border sectors, like California's; eliminating deportation leniency; conditioning foreign aid on exodus-ending measures and enforcing U.S. immigration laws.
Since none of these fixes are in Obama’s $3.7 billion funding request to provide migrants housing, food, transportation and lawyers, the explosive issue remains.
Sadly, the wave of humanity stretching across America is stressing services — from trash collection to education to health care — imposing ever-growing economic and social costs that weaken the society to which huddled masses are drawn.
Kennedy was right. We need more leaders mindful of the national interest who are willing to “separate false problems from real ones.”Examiner contributor Melanie Sturm is an opinion columnist for the Aspen Times.