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How Texas’ Heartbeat Act Still Protects Life After Judge Suspends Law

Virginia Allen  / @Virginia_Allen5 / October 08, 2021

A federal judge temporarily blocked the Texas Heartbeat Act, but the law is still working to protect life as the ruling is being appealed. (Photo: marcos77/Getty Images) 

The Texas Heartbeat Act is still working to protect unborn babies, even after a federal judge enjoined the law on Wednesday. 

U.S. District Judge Robert Pitman issued a preliminary injunction on the pro-life measure, which prohibits abortion after a baby’s heartbeat is detected, which is usually at six weeks’ gestation. 

Under the suspension, Texas state court judges and clerks can’t accept lawsuits filed in alleged violation of the Heartbeat Act. Federal courts, however, still can. 

“Under current law, a citizen lawsuit under the Heartbeat law can be brought in the federal court,” Texas Republican state Sen. Bryan Hughes, who authored the bill, told The Daily Signal on Thursday. 

The law is also written in such a way that abortion clinics can be held liable in the future for abortions they perform during the bill’s suspension, should a higher court overrule the injunction, he said. 

“Under the heartbeat law as as we passed it, it specifically says that if this law is blocked or enjoined by a court, and then that injunction is later reversed, any abortions that were performed during the period the injunction was in effect are illegal, and doctors can still be held accountable for them,” Hughes said. 

Most abortion providers in Texas are still complying with the Heartbeat Act because they don’t want to face legal ramifications if the suspension is overturned, the Texas state senator added. 

Opponents of the Heartbeat Act are praising the court’s injunction, but appear cautious, as they know the law could be reinstated. 

“While this fight is far from over, we are hopeful that the court’s order blocking S.B. 8 will allow Texas abortion providers to resume services as soon as possible,” Alexis McGill Johnson, the president and CEO of Planned Parenthood, said in a statement Thursday. 

Less than 24 hours after Pitman, a 2014 appointee of then-President Barack Obama, issued his 113-page ruling, Texas Attorney General Ken Paxton said the state is taking action to appeal the decision. 

“We disagree with the Court’s decision and have already taken steps to immediately appeal it to the 5th Circuit Court of Appeals,” Paxton tweeted Thursday.

Hughes says he thinks the 5th Circuit Court will rule on the case fairly quickly and added, “We’re pretty confident that this circuit is going to overrule Judge Pitman and lift that injunction.” 

Texas Gov. Greg Abbott signed the bill into law in May, and it officially went into effect Sept. 1. 

Texas has been a leading pro-life state for years, both in terms of legislation and of providing practical support to women facing unplanned pregnancies. 

Since 2005, Texas has provided expectant mothers and fathers with support and resources through the Alternatives to Abortion program. Texas uses state and federal money to fund the program, which is designed to come “alongside those mothers in difficult situations [and] gives them tangible help, if they decide to keep the baby,” Hughes said. 

When the Texas Legislature passed the Heartbeat Act, the state also increased funding to the Alternatives to Abortion program to $100 million for the next two years. 

“We do recognize that there is a precious mother and a precious little unborn baby—two human beings,” Hughes said, “and we have to protect both of them.”

Have an opinion about this article? To sound off, please email letters@DailySignal.com and we’ll consider publishing your edited remarks in our regular “We Hear You” feature. Remember to include the url or headline of the article plus your name and town and/or state.

I am a proud member of the National Association of Christian Lawmakers and I attended the convention in Dallas in July and we have officially launched a nationwide push against abortion rights.

The article below notes:

At its first annual policy conference last weekend, group members voted to make a controversial new Texas law, the “Texas Heartbeat Bill,” the organization’s first piece of model legislation, meaning that similar bills may soon pop up in state capitols across the country.

Also I am excited to report that the WASHINGTON POST wrote in September 3, 2021:

Announcing he planned to introduce a copycat bill, Arkansas state Sen. Jason Rapert (R), the founder and president of the National Association of Christian Lawmakers, shared a template of legislation lawmakers in other states could fill in the blanks on and reproduce.

At the July 17th session of THE CHRISTIAN LAWMAKERS meeting in Dallas, I really got a lot out of the expert panel moderated by Texas State Senator Bryan Hughes entitled ABOLISHING ABORTION IN AMERICA. Here below is what Wikipedia says about Senator Hughes:

On March 11, 2021, Hughes introduced a fetal heartbeat bill entitled the Texas Heartbeat Bill (SB8) into the Texas Senate and state representative Shelby Slawson of Stephenville, Texas introduced a companion bill (HB1515) into the state house.^[22]The bill allows private citizens to sue abortion providers after a fetal heartbeat has been detected.^[22] The SB8 version of the bill passed both chambers and was signed into law by Texas Governor Greg Abbott on May 19, 2021.^[22] It took effect on September 1, 2021.^[22]

Whatever Happened To The Human Race? | Episode 1 | Abortion of the Human…

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Tucker: Democrats have abandoned their ‘my body, my choice’ argument

These Christian lawmakers are on the offensive against abortion

That National Association of Christian legislators has made the so-called ‘Texas Heartbeat Bill’ the basis for its first piece of model legislation

• By Mya Jaradat 
• on July 20, 2021 1:00 pm

Arkansas state Sen. Jason Rapert presides over a Senate committee at the state Capitol in Little Rock, Ark. in this March 14, 2018, file photo. Rapert’s National Association of Christian Lawmakers met recently to talk model legislation and pass resolutions. Kelly P. Kissel, Associated Press

The National Association of Christian Lawmakers has officially launched a nationwide push against abortion rights.

At its first annual policy conference last weekend, group members voted to make a controversial new Texas law, the “Texas Heartbeat Bill,” the organization’s first piece of model legislation, meaning that similar bills may soon pop up in state capitols across the country.

The model legislation, called the Heartbeat Model Act, was accepted unanimously by the executive committee during a Saturday meeting.

The Texas bill it is based upon, Senate Bill 8, bans abortions once a fetal heartbeat can be detected, which can occur as early as six weeks into a pregnancy. The legislation also allows for any state resident to bring a civil suit against a doctor who performs an abortion after a heartbeat is detectable. Under the law, a woman who has an abortion would be liable to civil suits, as would anyone who supported her in the act — from family members to the receptionist who checks her in at a clinic.

Not only is the doctor liable, but anyone found aiding and abetting,” said Texas legislator Bryan Hughes, the bill’s author, during the Saturday meeting, which was led by the organization’s founder and president, Arkansas state Sen. Jason Rapert.Texas state Rep. Bryan Hughes speaks during the opening session of the 2015 legislative session on Tuesday, Jan. 13, 2015, in Austin, Texas. Eric Gay, Associated Press

Speaking to the Deseret News on Monday, Rapert said the provision allowing residents to bring civil suits against anyone involved in an abortion is like “putting a SCUD missile on that heartbeat bill — they can’t stop it.”

Rapert was the author of a similar 2013 bill in Arkansas, portions of which were later struck down by a federal judge. At least a dozen states have implemented a variety of abortion restrictions in recent years, leading numerous observers to say that the landmark 1973 Supreme Court abortion ruling, Roe v. Wade, is under threat.

Critics of the legislation have likened the Texas law to putting “a bounty on the head” of anyone involved in an abortion; they have also called it “unconstitutional.” Last week, a group of providers filed a federal lawsuit in an attempt to derail the law, which is supposed to go into effect in September.

Speaking Saturday to the Christian legislators gathered in Dallas, Hughes reminded the legislators that the Heartbeat Model Act is just a starting point and that the legislation will have to be tailored to work within each state’s laws.A anti-abortion supporter argues with those who attended a press conference and rally held by the Planned Parenthood Action Council of Utah outside of the Capitol in Salt Lake City on Aug. 25, 2015. Stacie Scott, Deseret News

The National Association of Christian Lawmakers formed last year with three key goals: to offer conservative, Christian legislators networking opportunities,; to help lawmakers share bills that have been successful in their states so that legislators elsewhere might push through similar legislation; and to support Christians running for local, state or national office.

At the policy conference last week, the organization worked toward meeting these goals in various ways, including by approving the Heartbeat Model Act. The executive committee also passed a resolution supporting Israel’s “right to defend itself from terror attacks” and creating a standing American-Israeli Committee.

Speaking to the executive committee, Rabbi Leonid Feldman, who was born in the Soviet Union and was imprisoned there for his pro-Israel activities, remarked that the Jewish people “remember our friends.”

This conference and this organization will be remembered by the Jewish people,” he said.

The organization also approved a resolution in support of “election integrity.”

The executive committee also approved a second piece of model legislation: the National Motto Display Model Act. Based on bills passed in Arkansas in 2017 and this year in Texas, the legislation requires public schools to display the national motto “In God We Trust” when printed versions of the motto are donated to schools or copies of the national motto are bought with funds from private donors.

“As the Texas House sponsor of the Motto Act, I am proud to see a model put out by the NACL so that legislators from every other state can have a mechanism to ensure our citizens — especially our school-age children — are reminded of our nation’s motto,” said Tom Oliverson, a state representative from Texas and chairman of the National Association of Christian Lawmakers’ national legislative council.

During the executive committee’s meeting on Saturday, Rapert said Hobby Lobby would make frames available for a reduced price if they’ll be used for national motto displays.

Asked Monday what other pieces of legislation the organization might adopt as model legislation in the future, Rapert told the Deseret News that the National Association of Christian Lawmakers is already weighing some options.

Since religious freedom is central to the organization, it could end up adopting model legislation similar to bills promoted in Texas this year by Oliverson. He supported three measures designed to make it harder for the government to force church closures during public emergencies, like the COVID-19 pandemic, and a bill that would ensure homeowners’ associations can’t infringe on homeowners’ rights to display religious symbols.

Supreme Court votes 5-4 to leave Texas abortion law in place

Chief Justice John Roberts dissented along with the court’s three liberal justices

Associated Press

WASHINGTON — A deeply divided Supreme Court is allowing a Texas law that bans most abortions to remain in force, for now stripping most women of the right to an abortion in the nation’s second-largest state.

The court voted 5-4 to deny an emergency appeal from abortion providers and others that sought to block enforcement of the law that went into effect Wednesday. But the justices also suggested that their order likely isn’t the last word on whether the law can stand because other challenges to it can still be brought.

The Texas law, signed by Republican Gov. Greg Abbott in May, prohibits abortions once medical professionals can detect cardiac activity, usually around six weeks and before many women know they’re pregnant.

It is the strictest law against abortion rights in the United States since the high court’s landmark Roe v. Wade decision in 1973 and part of a broader push by Republicans nationwide to impose new restrictions on abortion. At least 12 other states have enacted bans early in pregnancy, but all have been blocked from going into effect.

The high court’s order declining to halt the Texas law came just before midnight Wednesday. The majority said those bringing the case had not met the high burden required for a stay of the law.

“The Court’s order is emphatic in making clear that it cannot be understood as sustaining the constitutionality of the law at issue.”— Chief Justice John Roberts

Chief Justice John Roberts (Supreme Court)

“In reaching this conclusion, we stress that we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants’ lawsuit. In particular, this order is not based on any conclusion about the constitutionality of Texas’s law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts,” the unsigned order said.

Chief Justice John Roberts dissented along with the court’s three liberal justices. Each of the four dissenting justices wrote separate statements expressing their disagreement with the majority.

Roberts noted that while the majority denied the request for emergency relief “the Court’s order is emphatic in making clear that it cannot be understood as sustaining the constitutionality of the law at issue.”

The vote in the case underscores the impact of the death of the liberal Justice Ruth Bader Ginsburg last year and then-president Donald Trump’s replacement of her with conservative Justice Amy Coney Barrett. Had Ginsburg remained on the court there would have been five votes to halt the Texas law.

Justice Sonia Sotomayor called her conservative colleagues’ decision “stunning.” “Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of Justices have opted to bury their heads in the sand,” she wrote.

“A majority of Justices have opted to bury their heads in the sand.”— Justice Sonia Sotomayor

Justice Sonia Sotomayor (Supreme Court)

Texas lawmakers wrote the law to evade federal court review by allowing private citizens to bring civil lawsuits in state court against anyone involved in an abortion, other than the patient. Other abortion laws are enforced by state and local officials, with criminal sanctions possible.

In contrast, Texas’ law allows private citizens to sue abortion providers and anyone involved in facilitating abortions. Among other situations, that would include anyone who drives a woman to a clinic to get an abortion. Under the law, anyone who successfully sues another person would be entitled to at least $10,000.

In her dissent, Justice Elena Kagan called the law “patently unconstitutional,” saying it allows “private parties to carry out unconstitutional restrictions on the State’s behalf.” And Justice Stephen Breyer said a “woman has a federal constitutional right to obtain an abortion during” the first stage of pregnancy.

After a federal appeals court refused to allow a prompt review of the law before it took effect, the measure’s opponents sought Supreme Court review.

In her dissent, Justice Elena Kagan called the law “patently unconstitutional,” saying it allows “private parties to carry out unconstitutional restrictions on the State’s behalf.” And Justice Stephen Breyer said a “woman has a federal constitutional right to obtain an abortion during” the first stage of pregnancy.

After a federal appeals court refused to allow a prompt review of the law before it took effect, the measure’s opponents sought Supreme Court review.

In a statement early Thursday after the high court’s action, Nancy Northup, the head of the Center for Reproductive Rights, which represents abortion providers challenging the law, vowed to “keep fighting this ban until abortion access is restored in Texas.”

“We are devastated that the Supreme Court has refused to block a law that blatantly violates Roe v. Wade. Right now, people seeking abortion across Texas are panicking — they have no idea where or when they will be able to get an abortion, if ever. Texas politicians have succeeded for the moment in making a mockery of the rule of law, upending abortion care in Texas, and forcing patients to leave the state — if they have the means — to get constitutionally protected healthcare. This should send chills down the spine of everyone in this country who cares about the constitution,” she said.

Texas has long had some of the nation’s toughest abortion restrictions, including a sweeping law passed in 2013. The Supreme Court eventually struck down that law, but not before more than half of the state’s 40-plus clinics closed.

Even before the Texas case arrived at the high court the justices had planned to tackle the issue of abortion rights in a major case after the court begins hearing arguments again in the fall. That case involves the state of Mississippi, which is asking to be allowed to enforce an abortion ban after 15 weeks of pregnancy.

Associated Press writer Paul J. Weber in Austin, Texas, contributed to this report.

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June 23, 2021

President Biden c/o The White House 1600 Pennsylvania Avenue NW Washington, DC 20500

Dear Mr. President,

I wanted to reach out to you because of some of the troubling moral issues coming out of your administration.

Over and over on my blog I have written about your efforts as Vice President and President to attack legally the rights of our unborn babies in the USA. These views of yours are due to your allegiance to the humanist worldview which Francis Schaeffer and Tim LaHaye exposed in their books. Your vast support from humanist groups in the 2020 election proves my point. No wonder we have seen criminals let go and an effort by Democrats (namely VP Harris) to defund the police. The Bible recognizes the sinful nature of humans and calls for the authorities to have the power of the sword in Romans 13! However, there have been times when the IRS has been used against freedom of expression such as the past persecution of the Tea Party. The Founding Fathers did NOT think the King was above the law! Unfortunately many lawmakers today don’t care about the law very much it seems which is a result of loss of a Christian Consensus influence in our society!

I recently read this article below:

The Archbishop Who Fears for Joe Biden’s Soul

America’s second-ever Catholic president supports abortion rights, leaving the bishops unsure about how to move forward.By Emma Green

MARCH 14, 2021 

Archbishop Joseph Naumann is anxious about President Joe Biden’s soul. The two men are in some ways similar: cradle Catholics born in the 1940s who witnessed John F. Kennedy become America’s first Catholic president. Both found a natural home in the Democratic Party—in Naumann’s midwestern family, asking Catholics if they were Democrats was a redundancy. Naumann became a priest and Biden became a politician, but their paths really diverged over the issue of abortion. Now in his 70s, Naumann watched Biden—America’s second Catholic president—transform into a vocal supporter of abortion rights while competing for the 2020 Democratic presidential nomination. Naumann runs the Archdiocese of Kansas City in Kansas and also leads what the Catholic bishops describe as their pro-life activities. He has suggested that Biden should no longer call himself a devout Catholic. At the very least, Naumann says, Biden should stop receiving Communion, a holy sacrament in Catholic life.

The United States Conference of Catholic Bishops recently convened a working group to discuss how the bishops should interact with Biden, and how they should deal with the challenge of having a visibly Catholic president who defies Church teachings on a central issue. Naumann was part of that group. Conflicts have already arisen: Naumann recently co-authored a statement expressing moral concerns about the Johnson & Johnson vaccine, which was developed and tested using cell lines from aborted fetal tissue. He also joined a statement from a group of the country’s top bishops celebrating the passage of the American Rescue Plan Act, but called it “unconscionable that Congress has passed the bill without critical protections needed to ensure that billions of taxpayer dollars are used for life-affirming health care and not for abortion.”

John MacArthur gave a sermon in June of 2021 entitled “When Government Rewards Evil and Punishes Good” and in that sermon he makes the following points:

INTRODUCTION AND DISCUSSION OF ROMANS 13

GOVERNMENT CAN FORFEIT ITS AUTHORITY

THE WORLD IS THE ENEMY OF THE GOSPEL

ALL OF HUMAN HISTORY IS PROGRESSING TOWARD A GLOBAL KINGDOM UNDER THE POWER OF SATAN

ONE FALSE WORLD RELIGION IS FINAL PLAY BY SATAN

REAL PERSECUTION CAN ONLY BE DONE BY GOVERNMENT

PERSECUTION IN BOOK OF DANIEL

THE LAW IS KING AND NOT THE GOVERNOR OF CALIFORNIA

GOVERNMENT HAS BECOME PURVEYOR OF WICKEDNESS

THERE IS A PLACE FOR CIVIL DISOBEDIENCE

DOES GOVERNMENT WIN?

Let me just share a portion of that sermon with you and you can watch it on You Tube:

GOVERNMENT HAS BECOME PURVEYOR OF WICKEDNESS 

One New Testament writer says that Romans 13 has “caused more unhappiness and misery . . . than any other . . . verses in the New Testament by the license they have given to tyrants . . . used to justify a host of horrendous abuses of individual human rights.” Hitler’s Holocaust, racism in the apartheid of South Africa, Cantrell says, “Both the Jews in Germany and blacks in South Africa were viewed as a threat to public health and national security. . . . “‘Trust us,’ said government . . . ‘we truly have your best interests at heart. All we want to do is help . . . keep you safe.’”

Government has already become the purveyor of wickedness. Government is a murderer, slaughtering millions of infants in abortion; elevating the LGBTQ agenda, the bizarre transgender deception. The culture has become anti-truth, we all know that. The truth is the biggest threat to lies. William Pitt, well-known name in English history, said this: “Necessity (i.e., public health, common good) is the plea [of] every infringement of human freedom: it is the argument of tyrants. “Get people afraid, and they’ll do whatever you want. A fearful society will always comply; panicking people will believe anything” [(Cantrell)].

“During the gruesome and bloody days of the French Revolution, when 40,000 innocent [people] lost their heads,” you would be interested to know who was operating the guillotine: the Committee for Public Safety [(Cantrell)]. One writer says, “Governments now get voted into power by promising to oversee housing, education, medicine, the economy, [the] currency, a minimum income, food, water, land, and the list goes on. The government become a parent, and the citizens are dependents. The government in this role becomes a monstrous juggernaut of bureaucracy, devouring taxes and trying to regulate every detail of life.” And they definitely want to regulate the church and silence its proclamation.

In his book The Glorious Body of Christ, Kuiper wrote, “Our age is one of ecclesiastical passivism. . . . When a church ceases to be militant it also ceases to be a church of Jesus Christ. . . . A truly militant church stands opposed to the world both without its walls and within. . . . Time and again in its history the church has found it necessary to assert its sovereignty over against usurpations by the state.” And Kuiper gave some biblical examples, like when King Saul or King Uzziah usurped the priesthood, stating, “In both cases a representative of the state was severely punished for encroaching [on] the sovereignty of the church.”

“Lord Macaulay of England summed up the Puritan reputation this way” [(Cantrell)]. He said of the Puritans, “He bowed himself in the dust before his Maker; [as] he set his foot on the neck of his king.” Kuiper says, “Ours is an age of state totalitarianism. All over the world statism is [rising] . . . . In consequence, in many lands the church finds itself utterly at the mercy of the state whose mercy often proves cruelty, while in others the notion is rapidly gaining ground that the church exists and operates by the state’s permission.” We do not operate by the state’s permission; we operate by the Lord’s command.

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Francis Schaeffer discusses this more in his fine book CHRISTIAN MANIFESTO:

PAGE 437

CHAPTER 3 THE DESTRUCTION OF FAITH AND FREEDOM

And now it is all gone!

In most law schools today almost no one studies William Blackstone unless he or she is taking a course in the history of law. We live in a secularized society and in secularized, sociological law. By sociological law we mean law that has no fixed base but law in which a group of people decides what is sociologically good for society at the given moment; and wha they arbitrarily decide becomes law. Oliver Wendall Holmes (1841-1935) made totally clear that this was his position. Frederick Moore Vinson (1890-1953), former Chief Justice of the United States Supreme Court, said, “Nothing is more certain in modern society than the principle that there are no absolutes.” Those who hold this position themselves call it sociological law. 

As the new sociological law has moved away from the original base of the Creator giving the “inalienable rights,” etc., it has been natural that this sociological law has then also moved away from the Constitution. William Bentley Ball, in his paper entitled “Religious Liberty: The Constitutional Frontier,” says: 

i propose that secularism militates against religious liberty, and indeed against personal freedoms generally, for two reasons: first, the familiar fact that secularism does not recognize the existence of the “higher law”; second, because, that being so, secularism tends toward decisions based on the pragmatic public policy of the moment and inevitably tends to resist the submitting of those policies to the “higher” criteria of a constitution. 

This moving away from the Constitution is not only by court rulings, for example the First Amendment rulings, which are the very reversal of the original purpose of the First Amendment (see pp. 433, 434), but in other ways as well. Quoting again from the same paper by William Bentley Ball:

Our problem consists also, as perhaps this paper has well enough indicated, of more general constitutional delegation of legislative power and ultra vires. The first is where the legislature hands over its powers to agents through the conferral of regulatory power unaccompanied by strict standards. The second is where the agents make up powers on their own–assume powers not given them by the legislature. Under the first, the government of laws largely disappears and the government of men largely replaces it. Under the second, agents’ personal “home-made law replaces the law of the elected representatives of the people. 

Naturally, this shift from the Judeo-Christian basis for law and the shift away from the restraints of the Constitution automatically militates against religious liberty. Mr. Ball closes his paper:

Fundamentally, in relation to personal liberty, the Constitution was aimed at restraint of the State. Today, in case after case relating to religious liberty, we encounter the bizarre presumption that it is the other way around; that the State is justified in whatever actions, and that religion bears a great burden of proof to overcome that presumption. 

It is our job, as Christian lawyers, to destroy that presumption at every turn. 

As lawyers discuss the changes in law in the United States, often they speak of the influence of the laws involved in the reentrance of the southern states into the national government after the Civil War. These indeed must be considered. But they were not the reason for the drastic change in law in our country. This reason was the takeover by the totally other world view which never have given the form and freedom in government we have had in Northern Europe (including the United States). That is the central factor in the change. 

PAGE 439

It is parallel to the difference between modern science beginning with Copernicus and Galileo and the materialistic science which took over the last century. Materialistic thought would never have produced modern science. Modern science was produced on the Christian base. That is, because an intelligent Creator had created the universe we can in some measure understand the universe and there is, therefore, a reason for observation and experimentation to be pursued. 

Then there was a shift into materialistic science based on a philosophic change to the materialistic concept of final reality. This shift was based on no addition to the facts known. It was a choice, in faith, to see things that way. No clearer expression of this could be given than Carl Sagan’s arrogant statement on public television–made without any scientific proof for the statement–to 140 million viewers: “The cosmos is all that is or ever was or ever was or ever will be.” He opened the series, COSMOS, with this essentially creedal declaration and went on to build every subsequent conclusion upon it. 

There is exactly the same parallel in law. The materialistic-energy, chance concept of final reality never would have produced the form and freedom in government we have in this country and in other Reformation countries. But now it has arbitrarily and arrogantly supplanted the historic Judeo-Christian Consensus that provided the base for form and freedom in government. The Judeo-Christian consensus gave greater freedoms than the world has ever known, but it also contained the freedoms so that they did not pound society to pieces. The materialistic concept of reality would not have produced the form-freedom balance, and now that it has taken over it cannot maintain the balance. It has destroyed it. 

Will Durant and his wife Ariel together wrote The Story of Civilization. The Durants received the 1976 Humanist Pioneer Award. In The Humanist magazine of February 1977, Will Durant summed up the humanist problem with regard to personal ethics and social order: “Moreover, we shall find it no easy task to mold a natural ethic strong enough to maintain moral restraint and social order without the support of supernatural consolations, hopes, and fears.”

Poor Will Durant! It is not just difficult, it is impossible. He should have remembered the quotation he and Ariel Durant gave from the agnostic Renan in their book The Lessons of History. According to the Durants, Renan said in 1866: “If Rationalism wishes to govern the world without regard to the religious needs of the soul, the experience of the French Revolution is there to teach us the consequences of such a blunder.” And the Durants themselves say in the same context: “There is no significant example in history, before our time, of a society successfully maintaining moral life without the aid of religion.”

PAGE 440 

Along with the decline of the Judie-Christian consensus we have come to a new definition and connotation of “pluralism.” Until recently it meant that the Christianity flowing from the Reformation is not now as dominant in the country and in society as it was in the early days of the nation. After about 1848 the great viewpoints not shaped by Reformation Christianity. This, of course, is the situation which exists today. Thus as we stand for religious freedom today, we need to realize that this must include a general religious freedom from the control of the state for all religion. It will not mean just freedom for those who are Christians. It is then up to Christians to show that Christianityis the Truth of total reality in the open marketplace of freedom. 

This greater mixture in the United States, however, is now used as an excuse for the new meaning and connotation  of pluralism. It now is used to mean that all types of situations are spread out before us, and that it really is up to each individual to grab one or the other on the way past, according to the whim of personal preference. What you take is only a matter of personal choice, with one choice as valid as another. Pluralism has come to mean that everything is acceptable. This new concept of pluralism suddenly is everywhere. There is no right or wrong; it is just a matter of your personal preference. On a recent SIXTY MINUTES program on television, for example, the questions of euthanasia of the old and the growing of marijuana as California’s largest paying crop were presented this way. One choice is as valid as another. It is just a matter of personal preference. This new definition and connotation of pluralism is presented in many forms, not only in personal ethics, but in society’s ethics and in the choices concerning law, 

PAGE 440

Now I have a question. In these shifts that have come in law, where have the Christian lawyers been? I really ask you that. The shift has come gradually, but it has only come to its peak in the last 40 or 50 years. Where have the Christian lawyers been? Surely the Christian lawyers should have been the ones to have sounded the trumpet clear and loud, not just in bits and pieces but looking at the totality of what was occurring. Now, a nonlawyer like myself believes I have a right to feel let down because the Christian lawyers did not blow the trumpets clearly between, let us say, 1940 and 1970. 

PAGE 441

When I wrote HOW SHOULD WE THEN LIVE? From 1974 to 1976 I worked out of a knowledge of secular philosophy. I moved from the results in secular philosophy, to the results in liberal theology, to the results in the arts, and then I turned to the courts, and especially the Supreme Court. I read Oliver Wendell Holmes and others, and I must say, I was totally appalled by what I read. It was an exact parallel to what i had already known so well from my years of study in philosophy, theology, and the other disciplines. 

In the book and film series HOW SHOULD WE THEN LIVE? I used the Supreme Court abortion case as the clearest illustration of arbitrary sociiological law. But it was only the clearest illustration. The law is shot through with this kind of ruling. It is similar to choosing Fletcher’s situational ethics and point to it as the clearest illustration of how our society now functions with no fixed ethics. This is only the clearest illustration because in many ways our society functions on unfixed, situational ethics. The abortion case in law is exactly the same. It is only the clearest case. Law in this country has become situational law, using the term Fletcher used for his ethics. That is, a small group of people decide arbitrarily what, from their viewpoint, is for the good of society at that precise moment and they make it law, binding the whole society by their personal arbitrary decisions. 

But of course! What would we expect? These things are the natural, inevitable results of the material-energy, humanistic concept of the final basic reality. From the material-energy, chance concept of final reality, final reality is, and must be b it nature, silent as to values, principles, or any basis for law. There is no way to ascertain “the ought:” from “the is.” Not only should we have known what this would have produced, but on the basis of this viewpoint of reality, we should have recognized that there are no other conclusions that this view could produce. It is a natural result of really believing that the basic reality of all things is merely material-energy, shaped into its present form by impersonal chance. 

No, we must say that the Christians in the legal profession did not ring the bell, and we are indeed very, very far down the road toward a totally humanistic culture. At this moment we are in a humanistic culture, but we are happily not in a totally humanistic culture. But what we must realize is that the drift has been all in this direction. if it is not turned around we will move very rapidly into a totally humanistic culture. 

PAGE 442 

The law, and especially the courts, is the vehicle to force this total humanistic way of thinking upon the entire population.This is what has happened. The abortion law is a perfect example. The Supreme Court abortion ruling invalidated abortion lawsin all fifty states, even though it seems clear that in 1973 the majority of Americans were against abortion. It did not matter. The Supreme Court arbitrarily ruled that abortion was legal, and overnight they overthrew the state laws and forced their will on the majority, even though their ruling was arbitrary both legally and medically. Thus law and the courts became the vehicle for forcing a totally secular concept on the population.

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Thank you so much for your time. I know how valuable it is. I also appreciate the fine family that you have and your commitment as a father and a husband. I also respect you for putting your faith in Christ for your eternal life. I am pleading to you on the basis of the Bible to please review your religious views concerning abortion. It was the Bible that caused the abolition movement of the 1800’s and it also was the basis for Martin Luther King’s movement for civil rights and it also is the basis for recognizing the unborn children. I wanted to encourage you to investigate the work of Dr. Bernard Nathanson who like you used to be pro-abortion. I also want you to watch the You Tube series WHATEVER HAPPENED TO THE HUMAN RACE? by Francis Schaeffer and Dr. C. Everett Koop. Also it makes me wonder what our the moral climate Of our nation is when we concentrate more on potential mistakes of the police and we let criminals back on the street so fast! Our national was founded of LEX REX and not REX LEX!

Sincerely,

Everette Hatcher III, 13900 Cottontail Lane, Alexander, AR 72002, ph 501-920-5733,

PS: In this series of letters John MacArthur covers several points. In the first letter, he quotes you saying that the greatest threat to America—he said on one occasion—is systemic racism, which doesn’t exist; he said white supremacy, which doesn’t exist with any power; and then he said global warming, which doesn’t exist either, and if it does, God’s in charge of it.

In reality the greatest threat to this nation is the government, the government. And I want to show you how we are to understand that. Turn to Romans 13

In the 2nd letter, Dr. MacArthur noted When government turns the divine design on its head and protects those who do evil and makes those who do good afraid, it forfeits its divine purpose

In the 3rd letter Dr. MacArthur noted The world is the enemy of the gospel. The world is the enemy of the church. I pointed out that this manifests itself today in the form of HUMANISM.

In the 4th letter Dr. MacArthur points out how much today the devil is having his way in our society and that the Bible predicts that these will get worse!

In the 5th letter Francis Schaeffer points out “The HUMANIST MANIFESTOS not only say that humanism is a religion, but the Supreme Court has declared it to be a religion. The 1961 case of Torcaso v. Watkins specifically defines secular humanism as a religion equivalent to theistic and other non theistic religions.”

In the 6th letter Dr. MacArthur noted God has given government the sword, the power; and when they prostitute that power and they begin to punish those who do good and protect those who do evil, they wield that power against the people of God.

In the 7th letter Dr. MacArthur asserted, Throughout history, even in the Western world, people lived under what was called the divine right of kings. Kings were believed to have had a divine right. This was absolute monarchy. What broke that was basically the Reformers. The Reformers—a little phrase was “the law is king,” not the man.

In the 8th letter Dr. MacArthur noted that today the United States “Government has already become the purveyor of wickedness. Government is a murderer, slaughtering millions of infants in abortion.”

In the 9th letter the article

Judge gives preliminary OK to $3.5M settlement of IRS case is discussed about the 2013 lawsuit during the Barack Obama administration over treatment of conservative groups who said they were singled out for extra IRS scrutiny on tax-exempt status applications. Then Dr. MacArthur talks about persecution in the Book of Daniel.

“These are groups of law-abiding citizens who should have never had their First Amendment rights infringed upon by the IRS,” Jenny Beth Martin, president of the Tea Party Patriots umbrella group, said Wednesday. “These are groups that want the government to be accountable.”

The government has been used to persecuting people they don’t like for centuries! Let me just share a portion of that sermon by John MacArthur with you and you can watch it on You Tube: 

PERSECUTION IN BOOK OF DANIEL

In the 10th letter Dr. MacArthur noted:

THERE IS A PLACE FOR CIVIL DISOBEDIENCE

Francis Schaeffer, who died in 1984, says, “If [there’s] no final place for civil disobedience, then the government has been made autonomous, and as such, it has been put in the place of the living God.” And that point is exactly when the early Christians performed their acts of civil disobedience, even when it cost them their lives. “Acts of State which contradict God’s [Laws] are illegitimate and acts of tyranny. Tyranny is ruling without the sanction of God. To resist tyranny is to honour God. . . . The bottom line is that at a certain point there is not only the right, but the duty to disobey the State.”

Whatever Happened To The Human Race? | Episode 4 | The Basis for Human Dignity

Sunday Night Prime – Dr. Bernard Nathanson – Fr Groeschel, CFR with Fr …

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Francis Schaeffer pictured above

Larry King had John MacArthur as a guest on his CNN program several times.

https://youtu.be/Tfq-maVMxiM

When Government Rewards Evil and Punishes Good

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Hef beat world ranked player Tim Holland (backgammon)

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Oswald Jacoby with Hef

_____________March 26, 2017Hugh HefnerPlayboy Mansion16236 Charing Cross RoadLos Angeles, CA 90024

Dear Hugh,

Today at church our Fellowship Bible Church teaching pastor Mark Henry spoke on Abraham and his passage was Genesis Chapter 12. A couple of things from today’s service reminded me of you. In your magazine you have constantly talked about true love, but do you really know what true love is? IS LOVE FOUND IN THE NUMBER OF SEXUAL CONQUESTS?

In 1984 Adrian Rogers said in sermon, “Playboy’s Payday,” these words:

(The text for this sermon was the whole chapter of Proverbs 5)

I’m telling you the Word of God here today.  You’re going to blow it, and when you come to the end of it, you’re going to miss the best of life.  Do you know what Hugh Hefner said on another occasion? He was reminiscing. Here is this guy who has all of these girls around  him, all of this booze, all of these casinos and presumably can have any   sensual pleasure he wants. He said, You know, in the next ten years I would rather meet a girl and fall in love and have her fall in love with me than to make another one hundred million dollars.   BUT I FEAR THE MAN DOESN’T KNOW WHAT LOVE IS? I FEEL HE’S MISSED IT.   What he’s saying is, I’ve got it all, but I don’t have satisfaction!  There’s something that’s worth more than a hundred million dollars to me, and I don’t have it!

Marilyn Monroe, the sex goddess who took her own life, said, “I hate sex.”  Everybody says, “Oh, look at the pleasure that she’s having.”  In Sweden, Sweden’s a liberated country, they have open pornography, open prostitution, free love in Sweden.  It’s all accepted. That’s supposed to be the liberated country in the Western world.  The Swedes! Do you know what nation has the highest divorce rate of any nation?  Sweden. .  “God is not mocked.”  I’m telling you there is a disappointment in sin.  The cup of sin is sweet, but the dregs are bitter indeed.

They did an in-depth study at Stanford University. These are not a bunch of preachers, and their conclusion of the in-depth study was this:  that the more promiscuous people were before marriage, the less chance for happiness after marriage.   The try-it-before-you-marry-it idea may sound cute, but it’s not in the Word of God, dear friend.  This idea of living together to see if you’re compatible, the more promiscuous people were before marriage, the less chance of opportunity for satisfaction after marriage. Young people, many of them right now are on the beaches of Fort Lauderdale, many of them have gone down there attempting to make it with some girl, to make it with some boy, to jump in bed with somebody. They think that’s the way.   And our young people are being told that so much that they think there’s absolutely nothing wrong with it!

Q&A: Hugh Hefner

What is your guiltiest pleasure? 
My life, probably!If there was one word to describe your life the word PLEASURE is probably that word. As you know I have written you every week since October of 2015 in the hope that you will be willing to reflect back on your life of pleasure UNDER THE SUN like King Solomon did and see what proper reflections your life has rendered. Francis Schaeffer has rightly noted concerning you that your goal  with the “playboy mentality is just to smash the puritanical ethnic.” In fact, in your own personal life you definitely have gone the opposite direction of Puritanism.I have made the comparison throughout this series of letters between you and King Solomon (the author of the BOOK of ECCLESIASTES).  I have noticed that many preachers who have delivered sermons on Ecclesiastes have also mentioned you as a modern day example of King Solomon especially because you both tried to find sexual satisfaction through the volume of women you could slept with in a lifetime.

Ecclesiastes 2:8-10 The Message (MSG)

I piled up silver and gold,
        loot from kings and kingdoms.
I gathered a chorus of singers to entertain me with song,
    and—most exquisite of all pleasures—
    voluptuous maidens for my bed.

^9-10 Oh, how I prospered! I left all my predecessors in Jerusalem far behind, left them behind in the dust. What’s more, I kept a clear head through it all. Everything I wanted I took—I never said no to myself. I gave in to every impulse, held back nothing. I sucked the marrow of pleasure out of every task—my reward to myself for a hard day’s work!

1 Kings 11:1-3 English Standard Version (ESV)

11 Now King Solomon loved many foreign women, along with the daughter of Pharaoh: Moabite, Ammonite, Edomite, Sidonian, and Hittite women, ² from the nations concerning which the Lord had said to the people of Israel, “You shall not enter into marriage with them, neither shall they with you, for surely they will turn away your heart after their gods.” Solomon clung to these in love.³ He had 700 wives, who were princesses, and 300 concubines. And his wives turned away his heart.

Francis Schaeffer observed concerning Solomon, “You can not know woman by knowing 1000 women.”

Don’t you see that Solomon was right  when he observed life UNDER THE SUN without God in the picture and he then concluded  in Ecclesiastes 2:11:

Then I considered all that my hands had done and the toil I had expended in doing it, and behold, all was vanity and a striving after wind, and there was nothing to be gained UNDER THE SUN. 

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WHAT DOES TRUE LOVE INVOLVE? CHRIST GAVE US THE PERFECT EXAMPLE OF WHAT TRUE LOVE INVOLVES.I read this comment in the book MR PLAYBOY by Steven Watts concerning your love of BACKGAMMON:

The game (of Backgammon) became a consuming passion for Hefner…Friends marveled that on more than on occasion, he would sit at the Backgammon table for 2 or 3 days straight without food or drink except for a steady supply of Pepsi….Backgammon even trumped sex on one occasion in the Hefner universe. One time a beautiful blond playmate spent several hours…waiting for some romantic attention from the publisher but he stayed in the library in a marathon Backgammon contest. She finally gave up around 5 am, gave him a goodnight kiss and left to go to bed. Hef looked up briefly to quip, GREATER LOVE HATH NO BACKGAMMON PLAYER and went back to rolling the dice. 

The ironic thing was that you were quoting a verse in the Bible that gives us the perfect example of what true love is.

John 15:13 King James Bible
Greater love hath no man than this, that a man lay down his life for his friends.

I STARTED THIS LETTER OFF TODAY BY ASSERTING THAT A COUPLE OF THINGS FROM TODAY’S SERVICE REMINDED ME OF YOU. The FIRST concerns the meaning of true love as defined by the life of Christ and the SECOND concerns God’s demand on Abraham to follow God and be willing to leave his comforts in life behind.

At the beginning of our worship time we sang a  wonderful song that you can listen to on You Tube. The words from the song are below and they really expand on what the meaning of John 15:13 is.

“O Praise The Name (Anástasis)”I cast my mind to Calvary
Where Jesus bled and died for me.
I see His wounds,His hands, His feet.
My Savior on that cursed treeHis body bound and drenched in tears
They laid Him down in Joseph’s tomb.
The entrance sealed by heavy stone
Messiah still and all aloneAnd then on the third at break of dawn,
The Son of heaven rose again.
O trampled death where is your sting?
The angels roar for Christ the KingHe shall return in robes of white,
The blazing Son shall pierce the night.
And I will rise among the saints,
My gaze transfixed on Jesus’ faceO praise the name of the Lord our God
O praise His name forever more
For endless days we will sing Your praise
Oh Lord, oh Lord our God
___In other words, true love is about sacrifice and not about the number of sexual conquests one may have.Mark Henry read Genesis 12:1-9 and he said that just like Abraham who totally surrendered  to God and was willing to leave all our comforts behind, we too must be willing to do that.That reminded me again of a comment I read  in the book MR PLAYBOY by Steven Watts:(In 1982) Jerry Falwell spoke out calling for Hefner’s religious conversion. “Wouldn’t it be wonderful if Hugh Hefner got saved and shut down Playboy Enterprises and became a spokesman for Jesus Christ? He could be another Saul.”

HUGH, grace is always available to anyone who asks. Your mother’s name was Grace and if she was here right now she would be thrilled if you took the time to see what the Bible says about salvation and forgiveness. It can be summed up in FOUR SPIRITUAL LAWS.

The Four Spiritual Laws

by Matt Slick

They are:

1. God loves you:
   1. “For God so loved the world, that He gave His only begotten Son, that whoever believes in Him should not perish, but have eternal life,” (John 3:16).
2. Man is sinful and separated from God.
   1. “For all have sinned and fall short of the glory of God,” (Rom. 3:23). “For the wages of sin is death,” (Rom. 6:23). “But your iniquities have made a separation between you and your God,” (Isaiah 59:2).
3. Jesus Christ is God’s only provision for man’s sin.
   1. “I am the way, and the truth, and the life; no one comes to the Father, but through Me,” (John 14:6). “But God demonstrates His own love toward us, in that while we were yet sinners, Christ died for us,” (Rom. 5:8).
4. We must individually receive Jesus as Savior and Lord.
   1. “But as many as received Him, to them He gave the right to become children of God, even to those who believe in His name,” (John 1:12). “If you confess with your mouth Jesus as Lord, and believe in your heart that God raised Him from the dead, you shall be saved,” (Rom. 10:9). “For by grace you have been saved through faith; and that not of yourselves, it is the gift of God,” (Eph. 2:8).

The answer to find meaning in life is found in putting your faith and trust in Jesus Christ. The Bible is true from cover to cover and can be trusted.

Thanks for your time.

Sincerely,

Everette Hatcher, everettehatcher@gmail.com, http://www.thedailyhatch.org, cell ph 501-920-5733, Box 23416, LittleRock, AR 72221

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Featured artist is Aki Sasamoto

Aki Sasamoto was born in 1980 in Kanagawa, Japan and now lives and works in New York. An installation and performance artist, Sasamoto works in various media, finding material inspiration in response to the conditions of her site or surroundings.

Often collaborating with other artists, scholars, and even mathematicians, Sasamoto performs within her installations, which can take place in galleries, theaters, or outside of traditional art venues. The artist builds these installations from everyday found objects, and her performances actively engage viewers, occasionally transforming them into participants. Sasamoto’s ongoing thematic fascinations with food, health, hygiene, and orderliness are reflected in her formally precise and richly narrative practice. She often places herself within self-imposed physical limitations: she crawled inside industrial dryers for her 2016 series of performances at the Sculpture Center, entitled Delicate Cycle. Sasamoto is also a cofounder of Culture Push, a nonprofit that brings people from different communities together to foster new modes of thinking and creating.

Links:
Artist’s website

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Francis Schaeffer has rightly noted concerning Hugh Hefner that Hefner’s goal  with the “playboy mentality is just to smash the puritanical ethnic.” I have made the comparison throughout this series of blog posts between Hefner and King Solomon (the author of the BOOK of ECCLESIASTES).  I have noticed that many preachers who have delivered sermons on Ecclesiastes have also mentioned Hefner as a modern day example of King Solomon especially because they both tried to find sexual satisfaction through the volume of women you could slept with in a lifetime.

Ecclesiastes 2:8-10 The Message (MSG)

I piled up silver and gold,
        loot from kings and kingdoms.
I gathered a chorus of singers to entertain me with song,
    and—most exquisite of all pleasures—
    voluptuous maidens for my bed.

^9-10 Oh, how I prospered! I left all my predecessors in Jerusalem far behind, left them behind in the dust. What’s more, I kept a clear head through it all. Everything I wanted I took—I never said no to myself. I gave in to every impulse, held back nothing. I sucked the marrow of pleasure out of every task—my reward to myself for a hard day’s work!

1 Kings 11:1-3 English Standard Version (ESV)

11 Now King Solomon loved many foreign women, along with the daughter of Pharaoh: Moabite, Ammonite, Edomite, Sidonian, and Hittite women, ² from the nations concerning which the Lord had said to the people of Israel, “You shall not enter into marriage with them, neither shall they with you, for surely they will turn away your heart after their gods.” Solomon clung to these in love.³ He had 700 wives, who were princesses, and 300 concubines. And his wives turned away his heart.

Francis Schaeffer observed concerning Solomon, “You can not know woman by knowing 1000 women.”

Related posts:

Ecclesiastes 2 — The Quest For Meaning and the failed examples of Howard Hughes and Hugh Hefner

June 27, 2013 – 12:49 am

Ecclesiastes 2-3 Published on Sep 19, 2012 Calvary Chapel Spring Valley | Sunday Evening | September 16, 2012 | Derek Neider _____________________________ I have written on the Book of Ecclesiastes and the subject of the meaning of our lives on several occasions on this blog. In this series on Ecclesiastes I hope to show how secular […] By Everette Hatcher III | Posted in Current Events | Edit | Comments (0)

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE PART 162 A look at the BEATLES Breaking down the song ALL WE NEED IS LOVE Part C (Featured artist is Grace Slick)

May 4, 2017 – 1:40 am

 Is Love All You Need? Jesus v. Lennon Posted on January 19, 2011 by Jovan Payes 0 On June 25, 1967, the Beatles participated in the first worldwide TV special called “Our World”. During this special, the Beatles introduced “All You Need is Love”; one of their most famous and recognizable songs. In it, John Lennon […] By Everette Hatcher III | Posted in Francis Schaeffer | Edit | Comments (0)

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 158 THE BEATLES (breaking down the song WHY DON’T WE DO IT IN THE ROAD?) Photographer Bob Gomel featured today!

April 6, 2017 – 12:25 am

___________________ Something happened to the Beatles in their journey through the 1960’s and although they started off wanting only to hold their girlfriend’s hand it later evolved into wanting to smash all previous sexual standards. The Beatles: Why Don’t We Do It in the Road? _______ Beatle Ringo Starr, and his girlfriend, later his wife, […] By Everette Hatcher III | Posted in Current Events | Edit | Comments (0)

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE PART 142 Marvin Minsky Part G (Featured artist is Red Grooms)

December 15, 2016 – 7:18 am

__________ Marvin Minsky __ I was sorry recently  to learn of the passing of one of the great scholars of our generation. I have written about Marvin Minsky several times before in this series and today I again look at a letter I wrote to him in the last couple of years. It is my […] By Everette Hatcher III | Posted in Adrian Rogers, Francis Schaeffer | Edit | Comments (0)

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 118 THE BEATLES (Why was Tony Curtis on cover of SGT PEP?) (Feature on artist Jeffrey Gibson )

June 30, 2016 – 5:35 am

Why was Tony Curtis on the cover of SGT PEPPERS? I have no idea but if I had to hazard a guess I would say that probably it was because he was in the smash hit SOME LIKE IT HOT.  Above from the  movie SOME LIKE IT HOT __ __ Jojo was a man who […] By Everette Hatcher III | Posted in Current Events | Edit | Comments (0)

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 101 BEATLES,(MANY CHRISTIANS ATTACKED THE BEATLES WHILE FRANCIS SCHAEFFER STUDIED THEIR MUSIC! Part B) Artist featured today is Cartoonist Gahan Wilson

March 3, 2016 – 12:21 am

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Biden Admin Claims Constitution Allows Federal Government to Overturn Texas Abortion Ban

National  |  Micaiah Bilger  |   Oct 1, 2021   |   3:17PM   |  Austin, Texashttps://www.facebook.com/v2.5/plugins/share_button.php?app_id=&channel=https%3A%2F%2Fstaticxx.facebook.com%2Fx%2Fconnect%2Fxd_arbiter%2F%3Fversion%3D46%23cb%3Dfdac6ee856b09%26domain%3Dwww.lifenews.com%26is_canvas%3Dfalse%26origin%3Dhttps%253A%252F%252Fwww.lifenews.com%252Ff1eabd4f4ea0a8%26relation%3Dparent.parent&container_width=0&href=https%3A%2F%2Fwww.lifenews.com%2F2021%2F10%2F01%2Fbiden-admin-claims-constitution-allows-federal-government-to-overturn-texas-abortion-ban%2F&locale=en_US&sdk=joey&type=box_count9

The Biden administration urged a federal judge to block the Texas heartbeat law Friday after its previous attempts to stop the abortion ban have failed.

The hearing before U.S. District Judge Robert Pitman centered around the unique private enforcement mechanism in the law, according to CNN.

Typically, state governments enforce pro-life laws and, when the laws are challenged, judges can block the states from enforcing them in a preliminary injunction. However, the Texas law leaves enforcement up to individual people. So, judges are considering whether they can stop all private citizens from enforcing the law – especially without allowing private citizens the chance to defend themselves in court first.

Attorneys for Texas said Biden’s Department of Justice is being unfair by asking the court to block “absent third parties” from enforcing the law “without letting them be heard.”

The Texas law went into effect Sept. 1, prohibiting abortions once an unborn baby’s heartbeat is detectable, about six weeks of pregnancy. Thus far, the courts have refused to temporarily block the law, and as many as 3,000 unborn babies already have been spared from abortion.

On Friday, attorneys for the Department of Justice argued that the law is unconstitutional and the federal government has an interest in seeing it blocked.

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“Texas has made clear it does not want to follow the Supreme Court‘s abortion precedents,” federal government attorney Brian Netter said, according to the Washington Times.

He asked the judge to issue an injunction blocking Texas and “all of its officers, employees and agents, including private parties” from suing abortionists who violate the law, CNN reports.

“The state resorted to an unprecedented scheme of vigilante justice that was designed to scare abortion providers and others who might help women exercise their constitutional rights, while skirting judicial review,” Netter said.

However, Will Thompson, an attorney representing Texas Attorney General Ken Paxton’s Office, told the judge that the federal government is using “inflammatory rhetoric” to attack the law, and the heartbeat law is not the only legislation that allows private enforcement.

“This is not some kind of vigilante scheme. It’s a scheme that uses the normal and lawful process,” Thompson said.

Netter contended that private citizens really are just acting for the state as a proxy to enforce the law. The judge asked Thompson about this claim.

Here’s more from the Washington Times:

Thompson said he disagreed with that characterization.

“We don’t think that the private plaintiffs are put in the shoes of the state,” he said, adding that the law is “not as unusual” as the Biden administration Justice Department claims it to be, noting other areas of law that allow private citizens to bring lawsuits.

Afterward, Texas Right to Life slammed the Biden administration’s arguments as “maniacal” and “entirely unprecedented.”

Kimberlyn Schwartz, director of media and communications, summarized the hearing: “Ultimately, the Justice Department is asking the court to toss out all logic and judicial precedent in order to cater to the abortion industry. The Biden administration’s case is desperate and far-fetched, and we expect an impartial court to declare the lawsuit without merit.”

Judge Pitman is an appointee of pro-abortion President Barack Obama. In September, he did not grant the Biden administration’s request to immediately block enforcement of the law. As a result, the law remains in effect, and pro-life advocates say hundreds of babies have been spared from abortion since then.

It is not clear when Pitman will issue his ruling, but CNN previously pointed out that even if he does issue a preliminary injunction, some abortion facilities may not start aborting unborn babies again right away.

According to the report: “… under the law, a clinic could still be liable if it performed an abortion prohibited by the law while the court’s order was in effect, if that same order was later reversed by a higher court.”

The Biden administration has taken multiple actions to thwart Texas’s efforts to save unborn babies from abortion. Along with the lawsuit, it also set aside $10 million – taxpayers’ money – to provide grants to the abortion industry in Texas and make additional Title X family planning funds available.

In 2020, about 54,000 unborn babies were aborted in Texas, and about 85 percent happened after six weeks of pregnancy, according to state health statistics.

While abortion activists say some women are traveling to other states for abortions, they admit that others are having their babies instead.

Meanwhile, pro-life advocates are reaching out to pregnant women across Texas with compassion and understanding, offering resources and emotional support to help them and their babies. Earlier this year, state lawmakers increased support for pregnant and parenting mothers and babies, ensuring that they have resources to choose life for their babies.

About a dozen states have passed heartbeat laws to protect unborn babies from abortion, but Texas is the first to be allowed to enforce its law. Whether the law will remain in effect or ultimately be upheld as constitutional in court remains uncertain, but pro-life leaders are hopeful now that the U.S. Supreme Court has a conservative majority.

I am a proud member of the National Association of Christian Lawmakers and I attended the convention in Dallas in July and we have officially launched a nationwide push against abortion rights.

The article below notes:

At its first annual policy conference last weekend, group members voted to make a controversial new Texas law, the “Texas Heartbeat Bill,” the organization’s first piece of model legislation, meaning that similar bills may soon pop up in state capitols across the country.

Also I am excited to report that the WASHINGTON POST wrote in September 3, 2021:

Announcing he planned to introduce a copycat bill, Arkansas state Sen. Jason Rapert (R), the founder and president of the National Association of Christian Lawmakers, shared a template of legislation lawmakers in other states could fill in the blanks on and reproduce.

At the July 17th session of THE CHRISTIAN LAWMAKERS meeting in Dallas, I really got a lot out of the expert panel moderated by Texas State Senator Bryan Hughes entitled ABOLISHING ABORTION IN AMERICA. Here below is what Wikipedia says about Senator Hughes:

On March 11, 2021, Hughes introduced a fetal heartbeat bill entitled the Texas Heartbeat Bill (SB8) into the Texas Senate and state representative Shelby Slawson of Stephenville, Texas introduced a companion bill (HB1515) into the state house.^[22]The bill allows private citizens to sue abortion providers after a fetal heartbeat has been detected.^[22] The SB8 version of the bill passed both chambers and was signed into law by Texas Governor Greg Abbott on May 19, 2021.^[22] It took effect on September 1, 2021.^[22]

Whatever Happened To The Human Race? | Episode 1 | Abortion of the Human…

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Tucker: Democrats have abandoned their ‘my body, my choice’ argument

These Christian lawmakers are on the offensive against abortion

That National Association of Christian legislators has made the so-called ‘Texas Heartbeat Bill’ the basis for its first piece of model legislation

• By Mya Jaradat 
• on July 20, 2021 1:00 pm

Arkansas state Sen. Jason Rapert presides over a Senate committee at the state Capitol in Little Rock, Ark. in this March 14, 2018, file photo. Rapert’s National Association of Christian Lawmakers met recently to talk model legislation and pass resolutions. Kelly P. Kissel, Associated Press

The National Association of Christian Lawmakers has officially launched a nationwide push against abortion rights.

At its first annual policy conference last weekend, group members voted to make a controversial new Texas law, the “Texas Heartbeat Bill,” the organization’s first piece of model legislation, meaning that similar bills may soon pop up in state capitols across the country.

The model legislation, called the Heartbeat Model Act, was accepted unanimously by the executive committee during a Saturday meeting.

The Texas bill it is based upon, Senate Bill 8, bans abortions once a fetal heartbeat can be detected, which can occur as early as six weeks into a pregnancy. The legislation also allows for any state resident to bring a civil suit against a doctor who performs an abortion after a heartbeat is detectable. Under the law, a woman who has an abortion would be liable to civil suits, as would anyone who supported her in the act — from family members to the receptionist who checks her in at a clinic.

Not only is the doctor liable, but anyone found aiding and abetting,” said Texas legislator Bryan Hughes, the bill’s author, during the Saturday meeting, which was led by the organization’s founder and president, Arkansas state Sen. Jason Rapert.Texas state Rep. Bryan Hughes speaks during the opening session of the 2015 legislative session on Tuesday, Jan. 13, 2015, in Austin, Texas. Eric Gay, Associated Press

Speaking to the Deseret News on Monday, Rapert said the provision allowing residents to bring civil suits against anyone involved in an abortion is like “putting a SCUD missile on that heartbeat bill — they can’t stop it.”

Rapert was the author of a similar 2013 bill in Arkansas, portions of which were later struck down by a federal judge. At least a dozen states have implemented a variety of abortion restrictions in recent years, leading numerous observers to say that the landmark 1973 Supreme Court abortion ruling, Roe v. Wade, is under threat.

Critics of the legislation have likened the Texas law to putting “a bounty on the head” of anyone involved in an abortion; they have also called it “unconstitutional.” Last week, a group of providers filed a federal lawsuit in an attempt to derail the law, which is supposed to go into effect in September.

Speaking Saturday to the Christian legislators gathered in Dallas, Hughes reminded the legislators that the Heartbeat Model Act is just a starting point and that the legislation will have to be tailored to work within each state’s laws.A anti-abortion supporter argues with those who attended a press conference and rally held by the Planned Parenthood Action Council of Utah outside of the Capitol in Salt Lake City on Aug. 25, 2015. Stacie Scott, Deseret News

The National Association of Christian Lawmakers formed last year with three key goals: to offer conservative, Christian legislators networking opportunities,; to help lawmakers share bills that have been successful in their states so that legislators elsewhere might push through similar legislation; and to support Christians running for local, state or national office.

At the policy conference last week, the organization worked toward meeting these goals in various ways, including by approving the Heartbeat Model Act. The executive committee also passed a resolution supporting Israel’s “right to defend itself from terror attacks” and creating a standing American-Israeli Committee.

Speaking to the executive committee, Rabbi Leonid Feldman, who was born in the Soviet Union and was imprisoned there for his pro-Israel activities, remarked that the Jewish people “remember our friends.”

This conference and this organization will be remembered by the Jewish people,” he said.

The organization also approved a resolution in support of “election integrity.”

The executive committee also approved a second piece of model legislation: the National Motto Display Model Act. Based on bills passed in Arkansas in 2017 and this year in Texas, the legislation requires public schools to display the national motto “In God We Trust” when printed versions of the motto are donated to schools or copies of the national motto are bought with funds from private donors.

“As the Texas House sponsor of the Motto Act, I am proud to see a model put out by the NACL so that legislators from every other state can have a mechanism to ensure our citizens — especially our school-age children — are reminded of our nation’s motto,” said Tom Oliverson, a state representative from Texas and chairman of the National Association of Christian Lawmakers’ national legislative council.

During the executive committee’s meeting on Saturday, Rapert said Hobby Lobby would make frames available for a reduced price if they’ll be used for national motto displays.

Asked Monday what other pieces of legislation the organization might adopt as model legislation in the future, Rapert told the Deseret News that the National Association of Christian Lawmakers is already weighing some options.

Since religious freedom is central to the organization, it could end up adopting model legislation similar to bills promoted in Texas this year by Oliverson. He supported three measures designed to make it harder for the government to force church closures during public emergencies, like the COVID-19 pandemic, and a bill that would ensure homeowners’ associations can’t infringe on homeowners’ rights to display religious symbols.

Supreme Court votes 5-4 to leave Texas abortion law in place

Chief Justice John Roberts dissented along with the court’s three liberal justices

Associated Press

WASHINGTON — A deeply divided Supreme Court is allowing a Texas law that bans most abortions to remain in force, for now stripping most women of the right to an abortion in the nation’s second-largest state.

The court voted 5-4 to deny an emergency appeal from abortion providers and others that sought to block enforcement of the law that went into effect Wednesday. But the justices also suggested that their order likely isn’t the last word on whether the law can stand because other challenges to it can still be brought.

The Texas law, signed by Republican Gov. Greg Abbott in May, prohibits abortions once medical professionals can detect cardiac activity, usually around six weeks and before many women know they’re pregnant.

It is the strictest law against abortion rights in the United States since the high court’s landmark Roe v. Wade decision in 1973 and part of a broader push by Republicans nationwide to impose new restrictions on abortion. At least 12 other states have enacted bans early in pregnancy, but all have been blocked from going into effect.

The high court’s order declining to halt the Texas law came just before midnight Wednesday. The majority said those bringing the case had not met the high burden required for a stay of the law.

“The Court’s order is emphatic in making clear that it cannot be understood as sustaining the constitutionality of the law at issue.”— Chief Justice John Roberts

Chief Justice John Roberts (Supreme Court)

“In reaching this conclusion, we stress that we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants’ lawsuit. In particular, this order is not based on any conclusion about the constitutionality of Texas’s law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts,” the unsigned order said.

Chief Justice John Roberts dissented along with the court’s three liberal justices. Each of the four dissenting justices wrote separate statements expressing their disagreement with the majority.

Roberts noted that while the majority denied the request for emergency relief “the Court’s order is emphatic in making clear that it cannot be understood as sustaining the constitutionality of the law at issue.”

The vote in the case underscores the impact of the death of the liberal Justice Ruth Bader Ginsburg last year and then-president Donald Trump’s replacement of her with conservative Justice Amy Coney Barrett. Had Ginsburg remained on the court there would have been five votes to halt the Texas law.

Justice Sonia Sotomayor called her conservative colleagues’ decision “stunning.” “Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of Justices have opted to bury their heads in the sand,” she wrote.

“A majority of Justices have opted to bury their heads in the sand.”— Justice Sonia Sotomayor

Justice Sonia Sotomayor (Supreme Court)

Texas lawmakers wrote the law to evade federal court review by allowing private citizens to bring civil lawsuits in state court against anyone involved in an abortion, other than the patient. Other abortion laws are enforced by state and local officials, with criminal sanctions possible.

In contrast, Texas’ law allows private citizens to sue abortion providers and anyone involved in facilitating abortions. Among other situations, that would include anyone who drives a woman to a clinic to get an abortion. Under the law, anyone who successfully sues another person would be entitled to at least $10,000.

In her dissent, Justice Elena Kagan called the law “patently unconstitutional,” saying it allows “private parties to carry out unconstitutional restrictions on the State’s behalf.” And Justice Stephen Breyer said a “woman has a federal constitutional right to obtain an abortion during” the first stage of pregnancy.

After a federal appeals court refused to allow a prompt review of the law before it took effect, the measure’s opponents sought Supreme Court review.

In her dissent, Justice Elena Kagan called the law “patently unconstitutional,” saying it allows “private parties to carry out unconstitutional restrictions on the State’s behalf.” And Justice Stephen Breyer said a “woman has a federal constitutional right to obtain an abortion during” the first stage of pregnancy.

After a federal appeals court refused to allow a prompt review of the law before it took effect, the measure’s opponents sought Supreme Court review.

In a statement early Thursday after the high court’s action, Nancy Northup, the head of the Center for Reproductive Rights, which represents abortion providers challenging the law, vowed to “keep fighting this ban until abortion access is restored in Texas.”

“We are devastated that the Supreme Court has refused to block a law that blatantly violates Roe v. Wade. Right now, people seeking abortion across Texas are panicking — they have no idea where or when they will be able to get an abortion, if ever. Texas politicians have succeeded for the moment in making a mockery of the rule of law, upending abortion care in Texas, and forcing patients to leave the state — if they have the means — to get constitutionally protected healthcare. This should send chills down the spine of everyone in this country who cares about the constitution,” she said.

Texas has long had some of the nation’s toughest abortion restrictions, including a sweeping law passed in 2013. The Supreme Court eventually struck down that law, but not before more than half of the state’s 40-plus clinics closed.

Even before the Texas case arrived at the high court the justices had planned to tackle the issue of abortion rights in a major case after the court begins hearing arguments again in the fall. That case involves the state of Mississippi, which is asking to be allowed to enforce an abortion ban after 15 weeks of pregnancy.

Associated Press writer Paul J. Weber in Austin, Texas, contributed to this report.

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June 23, 2021

President Biden c/o The White House 1600 Pennsylvania Avenue NW Washington, DC 20500

Dear Mr. President,

I wanted to reach out to you because of some of the troubling moral issues coming out of your administration.

Over and over on my blog I have written about your efforts as Vice President and President to attack legally the rights of our unborn babies in the USA. These views of yours are due to your allegiance to the humanist worldview which Francis Schaeffer and Tim LaHaye exposed in their books. Your vast support from humanist groups in the 2020 election proves my point. No wonder we have seen criminals let go and an effort by Democrats (namely VP Harris) to defund the police. The Bible recognizes the sinful nature of humans and calls for the authorities to have the power of the sword in Romans 13! However, there have been times when the IRS has been used against freedom of expression such as the past persecution of the Tea Party. The Founding Fathers did NOT think the King was above the law! Unfortunately many lawmakers today don’t care about the law very much it seems which is a result of loss of a Christian Consensus influence in our society!

I recently read this article below:

The Archbishop Who Fears for Joe Biden’s Soul

America’s second-ever Catholic president supports abortion rights, leaving the bishops unsure about how to move forward.By Emma Green

MARCH 14, 2021 

Archbishop Joseph Naumann is anxious about President Joe Biden’s soul. The two men are in some ways similar: cradle Catholics born in the 1940s who witnessed John F. Kennedy become America’s first Catholic president. Both found a natural home in the Democratic Party—in Naumann’s midwestern family, asking Catholics if they were Democrats was a redundancy. Naumann became a priest and Biden became a politician, but their paths really diverged over the issue of abortion. Now in his 70s, Naumann watched Biden—America’s second Catholic president—transform into a vocal supporter of abortion rights while competing for the 2020 Democratic presidential nomination. Naumann runs the Archdiocese of Kansas City in Kansas and also leads what the Catholic bishops describe as their pro-life activities. He has suggested that Biden should no longer call himself a devout Catholic. At the very least, Naumann says, Biden should stop receiving Communion, a holy sacrament in Catholic life.

The United States Conference of Catholic Bishops recently convened a working group to discuss how the bishops should interact with Biden, and how they should deal with the challenge of having a visibly Catholic president who defies Church teachings on a central issue. Naumann was part of that group. Conflicts have already arisen: Naumann recently co-authored a statement expressing moral concerns about the Johnson & Johnson vaccine, which was developed and tested using cell lines from aborted fetal tissue. He also joined a statement from a group of the country’s top bishops celebrating the passage of the American Rescue Plan Act, but called it “unconscionable that Congress has passed the bill without critical protections needed to ensure that billions of taxpayer dollars are used for life-affirming health care and not for abortion.”

John MacArthur gave a sermon in June of 2021 entitled “When Government Rewards Evil and Punishes Good” and in that sermon he makes the following points:

INTRODUCTION AND DISCUSSION OF ROMANS 13

GOVERNMENT CAN FORFEIT ITS AUTHORITY

THE WORLD IS THE ENEMY OF THE GOSPEL

ALL OF HUMAN HISTORY IS PROGRESSING TOWARD A GLOBAL KINGDOM UNDER THE POWER OF SATAN

ONE FALSE WORLD RELIGION IS FINAL PLAY BY SATAN

REAL PERSECUTION CAN ONLY BE DONE BY GOVERNMENT

PERSECUTION IN BOOK OF DANIEL

THE LAW IS KING AND NOT THE GOVERNOR OF CALIFORNIA

GOVERNMENT HAS BECOME PURVEYOR OF WICKEDNESS

THERE IS A PLACE FOR CIVIL DISOBEDIENCE

DOES GOVERNMENT WIN?

Let me just share a portion of that sermon with you and you can watch it on You Tube:

GOVERNMENT HAS BECOME PURVEYOR OF WICKEDNESS 

One New Testament writer says that Romans 13 has “caused more unhappiness and misery . . . than any other . . . verses in the New Testament by the license they have given to tyrants . . . used to justify a host of horrendous abuses of individual human rights.” Hitler’s Holocaust, racism in the apartheid of South Africa, Cantrell says, “Both the Jews in Germany and blacks in South Africa were viewed as a threat to public health and national security. . . . “‘Trust us,’ said government . . . ‘we truly have your best interests at heart. All we want to do is help . . . keep you safe.’”

Government has already become the purveyor of wickedness. Government is a murderer, slaughtering millions of infants in abortion; elevating the LGBTQ agenda, the bizarre transgender deception. The culture has become anti-truth, we all know that. The truth is the biggest threat to lies. William Pitt, well-known name in English history, said this: “Necessity (i.e., public health, common good) is the plea [of] every infringement of human freedom: it is the argument of tyrants. “Get people afraid, and they’ll do whatever you want. A fearful society will always comply; panicking people will believe anything” [(Cantrell)].

“During the gruesome and bloody days of the French Revolution, when 40,000 innocent [people] lost their heads,” you would be interested to know who was operating the guillotine: the Committee for Public Safety [(Cantrell)]. One writer says, “Governments now get voted into power by promising to oversee housing, education, medicine, the economy, [the] currency, a minimum income, food, water, land, and the list goes on. The government become a parent, and the citizens are dependents. The government in this role becomes a monstrous juggernaut of bureaucracy, devouring taxes and trying to regulate every detail of life.” And they definitely want to regulate the church and silence its proclamation.

In his book The Glorious Body of Christ, Kuiper wrote, “Our age is one of ecclesiastical passivism. . . . When a church ceases to be militant it also ceases to be a church of Jesus Christ. . . . A truly militant church stands opposed to the world both without its walls and within. . . . Time and again in its history the church has found it necessary to assert its sovereignty over against usurpations by the state.” And Kuiper gave some biblical examples, like when King Saul or King Uzziah usurped the priesthood, stating, “In both cases a representative of the state was severely punished for encroaching [on] the sovereignty of the church.”

“Lord Macaulay of England summed up the Puritan reputation this way” [(Cantrell)]. He said of the Puritans, “He bowed himself in the dust before his Maker; [as] he set his foot on the neck of his king.” Kuiper says, “Ours is an age of state totalitarianism. All over the world statism is [rising] . . . . In consequence, in many lands the church finds itself utterly at the mercy of the state whose mercy often proves cruelty, while in others the notion is rapidly gaining ground that the church exists and operates by the state’s permission.” We do not operate by the state’s permission; we operate by the Lord’s command.

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Francis Schaeffer discusses this more in his fine book CHRISTIAN MANIFESTO:

PAGE 437

CHAPTER 3 THE DESTRUCTION OF FAITH AND FREEDOM

And now it is all gone!

In most law schools today almost no one studies William Blackstone unless he or she is taking a course in the history of law. We live in a secularized society and in secularized, sociological law. By sociological law we mean law that has no fixed base but law in which a group of people decides what is sociologically good for society at the given moment; and wha they arbitrarily decide becomes law. Oliver Wendall Holmes (1841-1935) made totally clear that this was his position. Frederick Moore Vinson (1890-1953), former Chief Justice of the United States Supreme Court, said, “Nothing is more certain in modern society than the principle that there are no absolutes.” Those who hold this position themselves call it sociological law. 

As the new sociological law has moved away from the original base of the Creator giving the “inalienable rights,” etc., it has been natural that this sociological law has then also moved away from the Constitution. William Bentley Ball, in his paper entitled “Religious Liberty: The Constitutional Frontier,” says: 

i propose that secularism militates against religious liberty, and indeed against personal freedoms generally, for two reasons: first, the familiar fact that secularism does not recognize the existence of the “higher law”; second, because, that being so, secularism tends toward decisions based on the pragmatic public policy of the moment and inevitably tends to resist the submitting of those policies to the “higher” criteria of a constitution. 

This moving away from the Constitution is not only by court rulings, for example the First Amendment rulings, which are the very reversal of the original purpose of the First Amendment (see pp. 433, 434), but in other ways as well. Quoting again from the same paper by William Bentley Ball:

Our problem consists also, as perhaps this paper has well enough indicated, of more general constitutional delegation of legislative power and ultra vires. The first is where the legislature hands over its powers to agents through the conferral of regulatory power unaccompanied by strict standards. The second is where the agents make up powers on their own–assume powers not given them by the legislature. Under the first, the government of laws largely disappears and the government of men largely replaces it. Under the second, agents’ personal “home-made law replaces the law of the elected representatives of the people. 

Naturally, this shift from the Judeo-Christian basis for law and the shift away from the restraints of the Constitution automatically militates against religious liberty. Mr. Ball closes his paper:

Fundamentally, in relation to personal liberty, the Constitution was aimed at restraint of the State. Today, in case after case relating to religious liberty, we encounter the bizarre presumption that it is the other way around; that the State is justified in whatever actions, and that religion bears a great burden of proof to overcome that presumption. 

It is our job, as Christian lawyers, to destroy that presumption at every turn. 

As lawyers discuss the changes in law in the United States, often they speak of the influence of the laws involved in the reentrance of the southern states into the national government after the Civil War. These indeed must be considered. But they were not the reason for the drastic change in law in our country. This reason was the takeover by the totally other world view which never have given the form and freedom in government we have had in Northern Europe (including the United States). That is the central factor in the change. 

PAGE 439

It is parallel to the difference between modern science beginning with Copernicus and Galileo and the materialistic science which took over the last century. Materialistic thought would never have produced modern science. Modern science was produced on the Christian base. That is, because an intelligent Creator had created the universe we can in some measure understand the universe and there is, therefore, a reason for observation and experimentation to be pursued. 

Then there was a shift into materialistic science based on a philosophic change to the materialistic concept of final reality. This shift was based on no addition to the facts known. It was a choice, in faith, to see things that way. No clearer expression of this could be given than Carl Sagan’s arrogant statement on public television–made without any scientific proof for the statement–to 140 million viewers: “The cosmos is all that is or ever was or ever was or ever will be.” He opened the series, COSMOS, with this essentially creedal declaration and went on to build every subsequent conclusion upon it. 

There is exactly the same parallel in law. The materialistic-energy, chance concept of final reality never would have produced the form and freedom in government we have in this country and in other Reformation countries. But now it has arbitrarily and arrogantly supplanted the historic Judeo-Christian Consensus that provided the base for form and freedom in government. The Judeo-Christian consensus gave greater freedoms than the world has ever known, but it also contained the freedoms so that they did not pound society to pieces. The materialistic concept of reality would not have produced the form-freedom balance, and now that it has taken over it cannot maintain the balance. It has destroyed it. 

Will Durant and his wife Ariel together wrote The Story of Civilization. The Durants received the 1976 Humanist Pioneer Award. In The Humanist magazine of February 1977, Will Durant summed up the humanist problem with regard to personal ethics and social order: “Moreover, we shall find it no easy task to mold a natural ethic strong enough to maintain moral restraint and social order without the support of supernatural consolations, hopes, and fears.”

Poor Will Durant! It is not just difficult, it is impossible. He should have remembered the quotation he and Ariel Durant gave from the agnostic Renan in their book The Lessons of History. According to the Durants, Renan said in 1866: “If Rationalism wishes to govern the world without regard to the religious needs of the soul, the experience of the French Revolution is there to teach us the consequences of such a blunder.” And the Durants themselves say in the same context: “There is no significant example in history, before our time, of a society successfully maintaining moral life without the aid of religion.”

PAGE 440 

Along with the decline of the Judie-Christian consensus we have come to a new definition and connotation of “pluralism.” Until recently it meant that the Christianity flowing from the Reformation is not now as dominant in the country and in society as it was in the early days of the nation. After about 1848 the great viewpoints not shaped by Reformation Christianity. This, of course, is the situation which exists today. Thus as we stand for religious freedom today, we need to realize that this must include a general religious freedom from the control of the state for all religion. It will not mean just freedom for those who are Christians. It is then up to Christians to show that Christianityis the Truth of total reality in the open marketplace of freedom. 

This greater mixture in the United States, however, is now used as an excuse for the new meaning and connotation  of pluralism. It now is used to mean that all types of situations are spread out before us, and that it really is up to each individual to grab one or the other on the way past, according to the whim of personal preference. What you take is only a matter of personal choice, with one choice as valid as another. Pluralism has come to mean that everything is acceptable. This new concept of pluralism suddenly is everywhere. There is no right or wrong; it is just a matter of your personal preference. On a recent SIXTY MINUTES program on television, for example, the questions of euthanasia of the old and the growing of marijuana as California’s largest paying crop were presented this way. One choice is as valid as another. It is just a matter of personal preference. This new definition and connotation of pluralism is presented in many forms, not only in personal ethics, but in society’s ethics and in the choices concerning law, 

PAGE 440

Now I have a question. In these shifts that have come in law, where have the Christian lawyers been? I really ask you that. The shift has come gradually, but it has only come to its peak in the last 40 or 50 years. Where have the Christian lawyers been? Surely the Christian lawyers should have been the ones to have sounded the trumpet clear and loud, not just in bits and pieces but looking at the totality of what was occurring. Now, a nonlawyer like myself believes I have a right to feel let down because the Christian lawyers did not blow the trumpets clearly between, let us say, 1940 and 1970. 

PAGE 441

When I wrote HOW SHOULD WE THEN LIVE? From 1974 to 1976 I worked out of a knowledge of secular philosophy. I moved from the results in secular philosophy, to the results in liberal theology, to the results in the arts, and then I turned to the courts, and especially the Supreme Court. I read Oliver Wendell Holmes and others, and I must say, I was totally appalled by what I read. It was an exact parallel to what i had already known so well from my years of study in philosophy, theology, and the other disciplines. 

In the book and film series HOW SHOULD WE THEN LIVE? I used the Supreme Court abortion case as the clearest illustration of arbitrary sociiological law. But it was only the clearest illustration. The law is shot through with this kind of ruling. It is similar to choosing Fletcher’s situational ethics and point to it as the clearest illustration of how our society now functions with no fixed ethics. This is only the clearest illustration because in many ways our society functions on unfixed, situational ethics. The abortion case in law is exactly the same. It is only the clearest case. Law in this country has become situational law, using the term Fletcher used for his ethics. That is, a small group of people decide arbitrarily what, from their viewpoint, is for the good of society at that precise moment and they make it law, binding the whole society by their personal arbitrary decisions. 

But of course! What would we expect? These things are the natural, inevitable results of the material-energy, humanistic concept of the final basic reality. From the material-energy, chance concept of final reality, final reality is, and must be b it nature, silent as to values, principles, or any basis for law. There is no way to ascertain “the ought:” from “the is.” Not only should we have known what this would have produced, but on the basis of this viewpoint of reality, we should have recognized that there are no other conclusions that this view could produce. It is a natural result of really believing that the basic reality of all things is merely material-energy, shaped into its present form by impersonal chance. 

No, we must say that the Christians in the legal profession did not ring the bell, and we are indeed very, very far down the road toward a totally humanistic culture. At this moment we are in a humanistic culture, but we are happily not in a totally humanistic culture. But what we must realize is that the drift has been all in this direction. if it is not turned around we will move very rapidly into a totally humanistic culture. 

PAGE 442 

The law, and especially the courts, is the vehicle to force this total humanistic way of thinking upon the entire population.This is what has happened. The abortion law is a perfect example. The Supreme Court abortion ruling invalidated abortion lawsin all fifty states, even though it seems clear that in 1973 the majority of Americans were against abortion. It did not matter. The Supreme Court arbitrarily ruled that abortion was legal, and overnight they overthrew the state laws and forced their will on the majority, even though their ruling was arbitrary both legally and medically. Thus law and the courts became the vehicle for forcing a totally secular concept on the population.

—-

Thank you so much for your time. I know how valuable it is. I also appreciate the fine family that you have and your commitment as a father and a husband. I also respect you for putting your faith in Christ for your eternal life. I am pleading to you on the basis of the Bible to please review your religious views concerning abortion. It was the Bible that caused the abolition movement of the 1800’s and it also was the basis for Martin Luther King’s movement for civil rights and it also is the basis for recognizing the unborn children. I wanted to encourage you to investigate the work of Dr. Bernard Nathanson who like you used to be pro-abortion. I also want you to watch the You Tube series WHATEVER HAPPENED TO THE HUMAN RACE? by Francis Schaeffer and Dr. C. Everett Koop. Also it makes me wonder what our the moral climate Of our nation is when we concentrate more on potential mistakes of the police and we let criminals back on the street so fast! Our national was founded of LEX REX and not REX LEX!

Sincerely,

Everette Hatcher III, 13900 Cottontail Lane, Alexander, AR 72002, ph 501-920-5733,

PS: In this series of letters John MacArthur covers several points. In the first letter, he quotes you saying that the greatest threat to America—he said on one occasion—is systemic racism, which doesn’t exist; he said white supremacy, which doesn’t exist with any power; and then he said global warming, which doesn’t exist either, and if it does, God’s in charge of it.

In reality the greatest threat to this nation is the government, the government. And I want to show you how we are to understand that. Turn to Romans 13

In the 2nd letter, Dr. MacArthur noted When government turns the divine design on its head and protects those who do evil and makes those who do good afraid, it forfeits its divine purpose

In the 3rd letter Dr. MacArthur noted The world is the enemy of the gospel. The world is the enemy of the church. I pointed out that this manifests itself today in the form of HUMANISM.

In the 4th letter Dr. MacArthur points out how much today the devil is having his way in our society and that the Bible predicts that these will get worse!

In the 5th letter Francis Schaeffer points out “The HUMANIST MANIFESTOS not only say that humanism is a religion, but the Supreme Court has declared it to be a religion. The 1961 case of Torcaso v. Watkins specifically defines secular humanism as a religion equivalent to theistic and other non theistic religions.”

In the 6th letter Dr. MacArthur noted God has given government the sword, the power; and when they prostitute that power and they begin to punish those who do good and protect those who do evil, they wield that power against the people of God.

In the 7th letter Dr. MacArthur asserted, Throughout history, even in the Western world, people lived under what was called the divine right of kings. Kings were believed to have had a divine right. This was absolute monarchy. What broke that was basically the Reformers. The Reformers—a little phrase was “the law is king,” not the man.

In the 8th letter Dr. MacArthur noted that today the United States “Government has already become the purveyor of wickedness. Government is a murderer, slaughtering millions of infants in abortion.”

In the 9th letter the article

Judge gives preliminary OK to $3.5M settlement of IRS case is discussed about the 2013 lawsuit during the Barack Obama administration over treatment of conservative groups who said they were singled out for extra IRS scrutiny on tax-exempt status applications. Then Dr. MacArthur talks about persecution in the Book of Daniel.

“These are groups of law-abiding citizens who should have never had their First Amendment rights infringed upon by the IRS,” Jenny Beth Martin, president of the Tea Party Patriots umbrella group, said Wednesday. “These are groups that want the government to be accountable.”

The government has been used to persecuting people they don’t like for centuries! Let me just share a portion of that sermon by John MacArthur with you and you can watch it on You Tube: 

PERSECUTION IN BOOK OF DANIEL

In the 10th letter Dr. MacArthur noted:

THERE IS A PLACE FOR CIVIL DISOBEDIENCE

Francis Schaeffer, who died in 1984, says, “If [there’s] no final place for civil disobedience, then the government has been made autonomous, and as such, it has been put in the place of the living God.” And that point is exactly when the early Christians performed their acts of civil disobedience, even when it cost them their lives. “Acts of State which contradict God’s [Laws] are illegitimate and acts of tyranny. Tyranny is ruling without the sanction of God. To resist tyranny is to honour God. . . . The bottom line is that at a certain point there is not only the right, but the duty to disobey the State.”

Whatever Happened To The Human Race? | Episode 4 | The Basis for Human Dignity

Sunday Night Prime – Dr. Bernard Nathanson – Fr Groeschel, CFR with Fr …

——

Francis Schaeffer pictured above

Larry King had John MacArthur as a guest on his CNN program several times.

https://youtu.be/Tfq-maVMxiM

When Government Rewards Evil and Punishes Good

_________________________

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November 6, 2011 – 12:01 am

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—

Immigration, Part II: Turning America into a Welfare Magnet

In Part I of this series, I explained why it’s absurd to think illegal immigration can be stopped by sending foreign aid to less-developed countries, such as many of those in Central America.

Simply stated, government-to-government handouts have never been a successful strategy for turning poor nations into rich nations. Indeed, aid actually discourages countries from following the recipe that does deliver prosperity.

In today’s column, let’s address Milton Friedman’s famous dilemma about the incompatibility of open borders and welfare.

Like most libertarians, I want to solve the problem by getting rid of the welfare state.

Immigrants are a big net plus so long as they are coming to work and be productive.

Indeed, because of their entrepreneurial skills and work ethic, immigrants from many nations wind up earning more than native-born Americans.

That’s something to celebrate. The American Dream in action!

But will that story of success continue if the welfare state is expanded?

Two advocates of increased immigration are worried. First, Jason Riley of the Wall Street Journal recently explained that Biden’s agenda is a recipe for immigrant dependency.

…it is a growing belief on the political left that people should be allowed to enter the U.S. on their terms rather than ours, and that it is our collective responsibility to take care of them if they can’t take care of themselves. Milton Friedman said that open immigration and large welfare states are incompatible, and today’s progressives in Congress and the White House are eager to test that proposition.…Another concern is the left’s determination to sever any connection between work and benefits, something all the more worrisome since it is occurring while destitute foreign nationals with little education are being lured here en masse. …Earlier this month, the Biden administration quietly announced that it would no longer enforce a policy that limited the admission of immigrants who were deemed likely to become overly dependent on government benefits. What could go wrong? …In countries like Italy and France, generous aid programs have attracted poor migrants who are more likely than natives to be heavy users of welfare and less likely to be working. It’s a mistake to think it can’t happen here.

In a column last year for Reason, Shikha Dalmia warned that welfare programs undermine support for immigration.

…economists Alberto Alesina, Armando Miano, and Stefanie Stantcheva…administered online questionnaires to 24,000 respondents in six countries: U.S., U.K., France, Germany, Italy, and Sweden. The explicit aim was to study attitudes toward legal, not illegal, immigration. …restrictionists have succeeded most spectacularly is in depicting immigrants as welfare queens. …In America, over 25 percent of respondents said the person with the  ..immigrant-sounding name would pay less in taxes than he collected in welfare… The study’s findings pose a particular dilemma for Democrats like Sen. Elizabeth Warren (D–Mass.), who wants to combine grandiose welfare schemes like free health care, pre-K, and college for everyone with generous immigration policies, because the mere mention of immigration reduces support for such schemes. Respondents who were asked about immigration became less concerned about inequality and less supportive of soak-the-rich schemes. …as long as immigrants are seen as succeeding through their own grit, natives may have no real objection to them. What is most likely to sour the public on immigration are the grandiose universal freebies… Immigrants should be wary of Democrats bearing gifts.

Both Riley and Dalmia raise good points.

My modest contribution to this discussion is to provide a practical example.

In his so-called American Rescue Plan, Joe Biden included a huge giveaway program that will shower $3,000-$3,600 to non-rich households for every kid they have.

This is a one-year, one-time handout, but many Democrats (and some Republicans!) want to make these enormous per-child payments a permanent part of America’s welfare state.

If that happens, the incentive to move to the United States almost surely will skyrocket.

Here’s a map I made, showing the annual handout for two children in the United States and the average per-capita incomein some nearby nations.

At the risk of stating the obvious, there will be a huge incentive to migrate to America – but not for the right reasons. And my little example doesn’t include the value of any of the dozens of other redistribution programs in Washington.

The bottom line is that we shouldn’t have a welfare system that rewards dependency, whether for people in the country legally or illegally.

And if you like immigration in theory, you should be especially opposed to handouts that will undermine public support for newcomers in practice.

P.S. It’s much better to have immigration policies such as the ones proposed by former Congressman Jared Polis and current George Mason University Professor Tyler Cowen.

Milton Friedman in 2004

Power of the Market – Immigration

MILTON FRIEDMAN ON IMMIGRATION

MILTON FRIEDMAN ON IMMIGRATION PART 2

March 18, 2021

Office of Barack and Michelle Obama
P.O. Box 91000
Washington, DC 20066

Dear President Obama,

I wrote you over 700 letters while you were President and I mailed them to the White House and also published them on my blog http://www.thedailyhatch.org .I received several letters back from your staff and I wanted to thank you for those letters. 

There are several issues raised in your book that I would like to discuss with you such as the minimum wage law, the liberal press, the cause of 2007 financial meltdown, and especially your pro-choice (what I call pro-abortion) view which I strongly object to on both religious and scientific grounds, Two of the most impressive things in your book were your dedication to both the National Prayer Breakfast (which spoke at 8 times and your many visits to the sides of wounded warriors!!

I have been reading your autobiography A PROMISED LAND and I have been enjoying it. 

Let me make a few comments on it, and here is the first quote of yours I want to comment on:

WHEN IT CAME to immigration, everyone agreed that the system was broken. The process of immigrating legally to the United States could take a decade or longer, often depending on what country you were coming from and how much money you had.Meanwhile, the economic gulf between us and our southern neighbors drove hundreds of thousands of people to illegally cross the 1,933-mile U.S.-Mexico border each year, searching for work and a better life. Congress had spent billions to harden the border, with fencing, cameras, drones, and an expanded and increasingly militarized border patrol. But rather than stop the flow of immigrants, these steps had spurred an industry of smugglers—coyotes—who made big money transporting human cargo in barbaric and sometimes deadly fashion. And although border crossings by poor Mexican and Central American migrants received most of the attention from politicians and the press, about 40 percent of America’s unauthorized immigrants arrived through airports or other legal ports of entry and then overstayed their visas.
By 2010, an estimated eleven million undocumented persons were living in the United States, in large part thoroughly woven into the fabric of American life.Many were longtime residents, with children who either were U.S. citizens by virtue of having been born on American soil or had been brought to the United States at such an early age that they were American in every respect except for a piece of paper. Entire sectors of the U.S. economy relied on their labor, as undocumented immigrants were often willing to do the toughest, dirtiest work for meager pay—picking the fruits and vegetables that stocked our grocery stores, mopping the floors of offices, washing dishes at restaurants, and providing care to the elderly. But although American consumers benefited from this invisible workforce, many feared that immigrants were taking jobs from citizens, burdening social services programs, and changing the nation’s racial and cultural makeup, which led to demands for the government to crack down on illegal immigration. This sentiment was strongest among Republican constituencies, egged on by an increasingly nativist right-wing press. However, the politics didn’t fall neatly along partisan lines: The traditionally Democratic trade union rank and file, for example, saw the growing presence of undocumented workers on co
    nstruction sites as threatening their livelihoods, while Republican-leaning business groups interested in maintaining a steady supply of cheap labor (or, in the case of Silicon Valley, foreign-born computer programmers and engineers) often took pro-immigration positions.
     Back in 2007, the maverick version of John McCain, along with his sidekick Lindsey Graham, had actually joined Ted Kennedy to put together a comprehensive reform bill that offered citizenship to millions of undocumented immigrants while more tightly securing our borders. Despite strong support from President Bush, it had failed to clear the Senate. The bill did, however, receive twelve Republican votes, indicating the real possibility of a future bipartisan accord. I’d pledged during the campaign to resurrect similar legislation once elected, and I’d appointed former Arizona governor Janet Napolitano as head of the Department of Homeland Security—the agency that oversaw U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection—partly because of her knowledge of border issues and her reputation for having previously managed immigration in a way that was both compassionate and tough.
My hopes for a bill had thus far been dashed. With the economy in crisis and Americans losing jobs,few in Congress had any appetite to take on a hot-button issue like immigration. Kennedy was gone. McCain, having been criticized by the right flank for his relatively moderate immigration stance, showed little interest in taking up the banner again. Worse yet, my administration was deporting undocumented workers at an accelerating rate. This wasn’t a result of any directive from me, but rather it stemmed from a 2008 congressional mandate that both expanded ICE’s budget and increased collaboration between ICE and local law enforcement departments in an effort to deport more undocumented immigrants with criminal records. My team and I had made a strategic choice not to immediately try to reverse the policies we’d inherited in large part because we didn’t want to provide ammunition to critics who claimed that Democrats weren’t willing to enforce existing immigration laws—a perception that we thought could torpedo our chances of passing a future reform bill. But by 2010, immigrant-rights and Latino advocacy groups were criticizing our lack of progress..And although I continued to urge Congress to pass immigration reform, I had no realistic path for delivering a new comprehensive law before the midterms.

Milton Friedman wisely noted,  “It’s just obvious you can’t have free immigration and a welfare state,” 
Is it prudent to allow illegal immigrants (60 percent of whom are high-school dropouts) access to Social Security, Medicare, and, over time, to 60 federal means-tested welfare programs? I don’t think so either!

FREE TO CHOOSE “Who protects the worker?” Video and Transcript Part 

In 1980 I read the book FREE TO CHOOSE by Milton Friedman and it really enlightened me a tremendous amount.  I suggest checking out these episodes and transcripts of Milton Friedman’s film series FREE TO CHOOSE: “The Failure of Socialism” and “What is wrong with our schools?”  and “Created Equal”  and  From Cradle to Grave, and – Power of the Market. Milton Friedman shows in this episode how the worker is best protected and it is not by the government!!!!!!!

The essence of what Milton Friedman is saying in this episode is found in this statement:

“The situation of immigration restrictions really has to do with the question of a welfare state. As I say in the film, I would favor completely free immigration in a society which does not have a welfare system. With a welfare system of the kind we have, you have the problem that people immigrate in order to get welfare, not in order to get employment. You know, it’s a very interesting thing, if you would ask anybody before 1914 the U.S. had no immigration restrictions whatsoever, I’m exaggerating a little bit, there were some immigration restrictions on orientals, but it was essentially, mainly free. If you ask anybody, any American economic historian was that a good thing for America, everybody will say yes it was a wonderful thing for America that we had free immigration. If you ask anybody today, should we have free immigration today, everybody will __ almost everybody will say no. What’s the difference? I think there’s only one difference and that is that when we had free immigration it was immigration of jobs in which everybody benefited. The people who were already here benefited because they got complementary workers, workers who could work with them, make their productivity better, enable them to develop and use the resources of the country better, but today, if you have a system under which you have essentially a governmental guarantee of relief in case of distress, you have a very, very real problem.”

L. WILLIAMS: Dr. Friedman and Walter Williams go back in history and they take a look at a situation where America was empty, where we didn’t have anything like the sophisticated industrial economy we have today, but had a much more agricultural and rural kind of economy and of course when the __ when the impoverished peasants of Europe, my ancestors and most of our ancestors, except for the slaves, which is another situation, but when these people came from Europe and came to a wide open continent with the most fertile soil then available to anyone in the world, naturally there was progress; and I or any of us would be mad to deny progress. But as that developed and as population increased and as we moved into a much more sophisticated industrial economy, we moved then into the situation in the 1930s, or earlier than that , at the end of the century. As some of the more skilled jobs came along, the labor movement didn’t happen by accident. Didn’t happen because there wasn’t a need there. The results of this development, even with all the wealth available in America, the results of this development was that many working people were not having anything like, by standards of civilization or whatever, anything like their fair share in this progress.

MCKENZIE: Now you’re arguing that in a free market, for labor, everyone benefits. Does that mean that you would favor abolition of all immigration restrictions?

FRIEDMAN: The situation of immigration restrictions really has to do with the question of a welfare state. As I say in the film, I would favor completely free immigration in a society which does not have a welfare system. With a welfare system of the kind we have, you have the problem that people immigrate in order to get welfare, not in order to get employment. You know, it’s a very interesting thing, if you would ask anybody before 1914 the U.S. had no immigration restrictions whatsoever, I’m exaggerating a little bit, there were some immigration restrictions on orientals, but it was essentially, mainly free. If you ask anybody, any American economic historian was that a good thing for America, everybody will say yes it was a wonderful thing for America that we had free immigration. If you ask anybody today, should we have free immigration today, everybody will __ almost everybody will say no. What’s the difference? I think there’s only one difference and that is that when we had free immigration it was immigration of jobs in which everybody benefited. The people who were already here benefited because they got complementary workers, workers who could work with them, make their productivity better, enable them to develop and use the resources of the country better, but today, if you have a system under which you have essentially a governmental guarantee of relief in case of distress, you have a very, very real problem.

MCKENZIE: But this is true of every western industrialized country.

FRIEDMAN: That’s right and that’s why today __

MCKENZIE: Yeah.

FRIEDMAN: __ under current circumstances you cannot, unfortunately have free immigration. Not because there’s anything wrong with free immigration, but because we have other policies which make it impossible to adopt free immigration.

MCKENZIE: Well I’d like other reactions. Is it at all feasible to open the door of the labor market internationally now? Bill Brady?

BRADY: I would __ I would say yes providing they open the door to us. I think that the door to not only the labor market, the door to all markets should be __ should be open. That is the product markets.

W. WILLIAMS: My feelings about the undocumented workers of Mexican-Americans are inscribed at the foot of the Statue of Liberty. I think that the people should have the right to come to this country. Now, those who would say, you know, I hear a number of people saying that, well the immigrants are contributing to our unemployment problem. And I point this out to some people, I said, “look, you know, this is the same rhetoric that the Irish used when the blacks were coming up from the north, ” you know, they’re using blacks as scapegoats. They’re saying, “get those people back where they came from so that our members can get jobs, ” you know. Unions were as well doing this, you know, they called them scabs, strikebreakers, etcetera, etcetera. So I do not wish for Mexican-Americans to become the new scapegoats of our particular national problems. They are not the problem, and our nation benefits to the extent that these people come here and work. And to that extent __ to that extent__ so it’s kind of good for them to remain illegal aliens as opposed to being legal aliens where they’re subject to our welfare programs, so that we don’t want them to come here to __

(Several people talking at once.)

GREEN: I think that this country cannot have a group of workers to remain outside the framework of our laws and our protection. And as long as we have workers who are attracted to the United States because of the standards of living; and I think minimum wages play a part in that as part of that attraction. But it seems to me to have undocumented workers without providing either a means of protection for them and it seems to me that we’ve got to go to the question of providing the amnesty for those generations of workers who have come here over a period of time, now two, three, maybe four generations. We have to see that they have the same rights and protection of all other workers. And as it stands now, large numbers of them live outside the framework of the laws and statutes that we have on the __ on our books.

MCKENZIE: Comment Milton.

FRIEDMAN: They do and the tragedy of the situation, as what Walter Williams point out, that as long as they are undocumented and illegal they are a clear net gain, the nation benefits and they benefit. They wouldn’t be here if they didn’t. The tragedy is that we’ve adopted all these other policies so that if we convert them into legal residents it’s no longer clear that we benefit. They may benefit, but it’s no longer clear that we do. What Lynn Williams said before is again a travesty on what was actually going on. The real boost to the trade union movement came after the Great Depression of the 1930s; that Great Depression was not a failure of capitalism; it was not a failure of the private market system as we pointed out in another one of the programs in this series; it was a failure of government. It was not the case that somehow or other there was a decline in the conditions of the working class that produced a great surge of unionism. On the contrary __ unions have never accounted for more than one out of four or one out of five of American workers. The American worker benefited not out of unions, he benefited in spite of unions. He benefited because there was greater opportunity because there were people who were willing to invest their money because there was an opportunity for people to work, to save, to invest. That’s still the case today. You say, we have to provide them with something or other Ernest. Who are the “we”?

Sincerely,

Everette Hatcher III, 13900 Cottontail Lane, Alexander, AR 72002, ph 501-920-5733 everettehatcher@gmail.com

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No, Government Spending Isn’t ‘Zero Cost’

Ben Shapiro  / @benshapiro / September 29, 2021

President Joe Biden recently tweeted: “My Build Back Better Agenda costs zero dollars. Instead of wasting money on tax breaks, loopholes, and tax evasion for big corporations and the wealthy, we can make a once-in-a-generation investment in working America.” Pictured: Biden delivers remarks ahead of receiving a third dose of the COVID-19 vaccine in the White House Sept. 27, 2021, in Washington, D.C. (Photo: Anna Moneymaker/Getty Images)

COMMENTARY BY

Ben Shapiro@benshapiro

Ben Shapiro is host of “The Ben Shapiro Show” and editor emeritus of The Daily Wire. A graduate of UCLA and Harvard Law School, he is The New York Times bestselling author of “How to Destroy America in Three Easy Steps.”

This week, President Joe Biden made the incredible statement—sycophantically repeated by the press—that his $3.5 trillion budget bill, which includes major spending initiatives on everything from climate change to Medicare, would be “free.” 

Biden tweeted, “My Build Back Better Agenda costs zero dollars. Instead of wasting money on tax breaks, loopholes, and tax evasion for big corporations and the wealthy, we can make a once-in-a-generation investment in working America.”

This asinine notion immediately rocketed around the political sphere. White House press secretary Jen Psaki explained, “The reconciliation package will cost zero dollars.” Rep. Pramila Jayapal, D-Wash., said, “This is a zero-dollar bill because it’s all going to be paid for with taxes on the wealthiest corporations and the wealthiest individuals, which makes it more popular than it even was before.” Members of the media began repeating the line ad nauseum. The reason was obvious: Democrats are trying to cudgel Republicans into acquiescing.

Putting aside the contention that Biden’s bill would be paid for through tax increases—a doubtful proposition, given that the Democrats have been playing accounting games by extending particular allowances for just a handful of years, or backloading new costs until years down the road—the baseline notion that government spending is zero-cost so long as it doesn’t take on new debt is bonkers. It’s the equivalent of arguing that so long as someone pays for a cocaine-fueled gambling binge in Vegas in cash, the experience has been cost-free.

Biden, however, goes even further. In his addled brain, allowing taxpayers to retain their own money is “wasting money”; spending trillions of dollars on social programs that pervert market incentives and often achieve the precise opposite of their stated intentions is an “investment.” Such a designation divests language of meaning. 

If you steal my wallet and find $100 inside, proceed to inform me that giving me back $20 would be “wasting money,” snidely notify me that you will be “investing” in a steak dinner for yourself, and then cap your performance by stating that the dinner is “zero cost,” you would deserve a rather thorough thrashing. Do it in the context of national politics, however, and the media will cheer.

All of this is predicated on a lie: that the state is the ultimate source of property and wealth. If that were true, the state would certainly have every ability to maximize its own power by shifting that property around to political allies. In fact, this is precisely what Thomas Hobbes argued in “Leviathan”: that the sovereign was the ultimate arbiter of property, as the ultimate repository of force.

The American system was founded in direct opposition to this idea. As James Madison wrote, “Government is instituted to protect property of every sort … This being the end of government, that alone is a just government, which impartially secures to every man, whatever is his own.” 

Madison added, “That is not a just government, nor is property secure under it, where the property which a man has in his personal safety and personal liberty, is violated by arbitrary seizures of one class of citizens for the service of the rest.”

Biden would call just such sorts of arbitrary seizures “investments.” After all, they’re free. To Biden, such language seems natural: He is a career-long ward of the state, on the taxpayer dole every year of his life since the age of 29—the only exceptions being the years between his vice presidency and his presidency, when he was giving speeches and writing books about his government years while allegedly avoiding half a million dollars in taxes. 

To him, taxpayer dollars are free, and they have been an investment: in him. Now, he simply wishes to extend that logic outward, using taxpayer dollars to “invest” in his legacy, in structures that incentivize dependency, and therefore Democratic electoral power. 

What’s the harm? It’s cost-free. 

Except it isn’t. The engine of American growth has never been the government. It has been restrictions on governmental power and bureaucratic arbitrariness. Innovation requires freedom; investment requires both liberty of choice and impartiality of governing system. The heavy hand of government will be damnedly costly.

Biden’s Awful Plan for a Hybrid Death Tax/Capital Gains Tax

More than 10 years ago, I narrated this video explaining why there should be no capital gains tax.

The economic argument against capital gains taxation is very simple. It is wrong to impose discriminatory taxes on income that is saved and invested.

It’s bad enough that government gets to tax our income one time, but it’s even worse whenthey get to impose multiple layers of tax on the same dollar.

Unfortunately, nobody told Biden. As part of his class-warfare agenda, he wants to increase the capital gains tax rate from 23.8 percent to 43.4 percent.

Even worse, he wants to expand the capital gains tax so that it functions as an additional form of death tax.

And that tax would be imposed even if assets aren’t sold. In other words, it would a tax on capital gains that only exist on paper (a nutty idea associated with Sens. Ron Wyden and Elizabeth Warren).

I’m not joking. In an article for National Review, Ryan Ellis explains why Biden’s proposal is so misguided.

The Biden administration proposes that on top of the old death tax, which is assessed on estates, the federal government should add a new tax on the deceased’s last 1040 personal-income-tax return. This new, second tax would apply to tens of millions of Americans. …the year someone died, all of their unrealized capital gains (gains on unsold real estate, family farms and businesses, stocks and other investments, artwork, collectibles, etc.) would be subject to taxation as if the assets in question had been sold that year. …In short, what the Biden administration is proposing is to tax the capital gains on a person’s property when they die, even if the assets that account for those gains haven’t actually been sold. …to make matters worse, the administration also supports raising the top tax rate on long-term capital gains from 23.8 percent to 43.4 percent. When state capital-gains-tax rates are factored in, this would make the combined rate at or above 50 percent in many places — the highest capital-gains-tax rate in the world, and the highest in American history.

This sounds bad (and it is bad).

But there’s more bad news.

…that’s not all. After these unrealized, unsold, phantom gains are subject to the new 50 percent double death tax, there is still the matter of the old death tax to deal with. Imagine a 50 percent death tax followed by a 40 percent death tax on what is left, and you get the idea. Karl Marx called for the confiscation of wealth at death, but even he probably never dreamed this big. …Just like the old death tax, the double death tax would be a dream for the estate-planning industry, armies of actuaries and attorneys, and other tax professionals. But for the average American, it would be a nightmare. The death tax we have is bad enough. A second death tax would be a catastrophic mistake.

Hank Adler and Madison Spach also wrote about this topic last month for the Wall Street Journal.

Here’s some of what they wrote.

Mr. Biden’s American Families Plan would subject many estates worth far less than $11.7 million to a punishing new death tax. The plan would raise the total top rate on capital gains, currently 23.8% for most assets, to 40.8%—higher than the 40% maximum estate tax. It would apply the same tax to unrealized capital gains at death…The American Families Plan would result in negative value at death for many long-held leveraged real-estate assets. …Scenarios in which the new death tax would significantly reduce, nearly eliminate or even totally eliminate the net worth of decedents who invested and held real estate for decades wouldn’t be uncommon. …The American Families Plan would discourage long-term investment. That would be particularly true for those with existing wealth who would begin focusing on cash flow rather than long-term investment. The combination of the new death tax plus existing estate tax rates would change risk-reward ratios.

The bottom line is that it is very misguided to impose harsh and discriminatory taxes on capital gains. Especially if the tax occurs simply because a taxpayer dies.

P.S. Keep in mind that there’s no “indexing,” which means investors often are being taxed on gains that merely reflect inflation.

P.P.S. Rather than increasing the tax burden on capital gains, we should copy Belgium, Chile, Costa Rica, Czech Republic, Hungary, Luxembourg, New Zealand, Singapore, Slovenia, Switzerland, and Turkey. What do they have in common? A capital gains tax rate of zero.

Democrats Embrace Protectionist Tax Hike on Lower-Income and Middle-Class Americans

I’ve been warning, over and over and over again, that a European-style welfare state means huge tax increases on ordinary people.

Simply stated, there are not enough rich people to finance big government (even Paul Krugman agrees).

This means Joe Biden and Democrats need to make a choice: What matters most, their desire to make government bigger, or their promise not to impose higher taxes on families making less than $400K per year?

We now have the answer to that question, and I hope nobody is surprised to learn that they picked government over taxpayers.

But what is surprising is that they picked the Trump approach of protectionist taxes on global trade.

Here are some excerpts from a report by the New York Times.

Democrats have agreed to include a tax on imports from nations that lack aggressive climate change policies as part of a sweeping $3.5 trillion budget plan… The move to tax imports was made public Wednesday, the same day that the European Union outlined its own proposal for a similar carbon border tax, a novel tool that is designed to protect domestic manufacturing.…skeptics caution that a carbon border tax, which has yet to be implemented by any country, would be difficult to carry out, and could anger trading partners and face a challenge at the World Trade Organization. Unlike the Europeans, who outlined their plan in a 291-page document, Democrats released no details about their tax proposal on Wednesday. Calling it simply a “polluter import fee,” the framework does not explain what would be taxed, at what rate or how much revenue it would expect to generate. …verifying the amount of carbon…produced by foreign manufacturing is tricky, experts say.

It’s always a bad idea to give politicians a new source of revenue.

But it’s a worse idea to give them a new source of revenue that will require bureaucrats to measure the amount of carbon produced by every imported good. As I pointed out a few days ago when discussing the European Union’s version of this protectionist scheme, that’s a huge recipe for cronyism and favoritism.

P.S. I’ll be very curious to see how different international bureaucracies react to these anti-trade proposals. The OECD and IMF, while usually bad on fiscal issues, historically have favored unfettered trade. And the World Trade Organizationexists specifically to protect global commerce. But will these organizations now change their position to curry favor with the nations that control their purse strings?

The theory of “public choice” suggests we shouldn’t be optimistic.

Five Important Facts for Vice President Biden’s Anti-Gun Task Force

I asked yesterday for readers to weigh in on why they support (or don’t support) the Second Amendment. The poll is getting lots of responses, though some folks have complained that I should have included more answers, such as “To protect the rights of hunters.”

And I even had a few left-wing friends tell me I should have included more options for them, such as “The Second Amendment doesn’t mean military-style weapons” or “The Second Amendment doesn’t guarantee individual gun ownership.”

Speaking of our friends on the left, Vice President Joe Biden is overseeing an Administration effort to concoct new gun laws. In the interests of being helpful, I suggest the Veep’s team look at these four videos.

• Ted Nugent talking about gun ownership and the right of self defense.
• A look at the Switzerland’s strong gun culture and the importance of self defense as a protection against oppression.
• And some very powerful testimony to some weasels on Capitol Hill (make sure to pay attention around the 5:00 mark).
• Ice-T talking about the real reason to defend and support the 2nd Amendment.

We also have a brand new video from the folks at Reason TV. It provides five facts for Biden and his task force.

For some reason, I won’t be surprised if the Vice President doesn’t see this new video. Or any of the others.

Yes, you can call me a pessimist, but I think Biden’s task force has no interest in doing real research.

Their goal is to figure out (from the left’s perspective) politically feasible ways of undermining the Constitution.

So let’s gird our loins, which sounds like it might be fun, but it simply means prepare for a fight.

But, unlike the statists, we’re not humorless drones. So let’s enjoy some humorous gun control videos to put ourselves in the right frame of mind.

• A revealing look at how leftists think about gun control.
• A heartwarming adoption story.
• An amusing cartoon conversation between an anti-gun ideologue and a supporter of the Constitution.
• This Christmas greeting from the Second Amendment.

P.S. Don’t forget you can still cast a vote to explain why you support the Second Amendment.

President Barack Obama announces the creation of an interagency task force for guns as as Vice President Joseph Biden listens on.Getty Images

President Joe Biden Will Be Bad, but a President Kamala Harris Would Be Worse

Joe Biden has a very misguided economic agenda. I’m especially disturbed by his class-warfare tax agenda, which will be bad news for American workers and American competitiveness.

The good news, as I wrote earlier this year, is that he probably isn’t serious about some of his worst ideas.

Biden is a statist, but not overly ideological. His support for bigger government is largely a strategy of catering to the various interest groups that dominate the Democratic Party. The good news is that he’s an incrementalist and won’t aggressively push for a horrifying FDR-style agenda if he gets to the White House.

But what if Joe Biden’s health deteriorates and Kamala Harris – sooner or later – winds up in charge?

That’s rather troubling since her agenda was far to the left of Biden’s when they were competing for the Democratic nomination.

And it doesn’t appear that being Biden’s choice for Vice President has led her to moderate her views. Consider this campaign ad, where she openly asserted that “equitable treatment means we all end up at the same place.”

The notion that we should strive for equality of outcomes rather than equality of opportunity is horrifying.

For all intents and purposes,Harris has embraced a harsh version of redistributionism where everyone above average is punished and everyone below average is rewarded.

This goes way beyond a safety net and it’s definitely a recipe for economic misery since people on both sides of the equationhave less incentive to be productive.

I’m not the only one to be taken aback by Harris’ dogmatic leftism.

Robby Soave, writing for Reason, is very critical of her radical outlook.

Harris gives voice to a leftist-progressive narrative about the importance of equity—equal outcomes—rather than mere equality before the law. …Harris contrasted equal treatment—all people getting the same thing—with equitable treatment,which means “we all end up at the same place.” …This may seem like a trivial difference, but when it comes to public policy, the difference matters. A government shouldbe obligated to treat all citizens equally, giving them the same access to civil rights and liberties like voting, marriage, religious freedom, and gun ownership. …A mandate to foster equity, though, would give the government power to violate these rights in order to achieve identical social results for all people. 

And, in a column for National Review, Brad Polumbo expresses similar reservations about her views.

Whether she embraces the label “socialist” or not, Harris’s stated agenda and Senate record both reveal her to be positioned a long way to the left on matters of economic policy. From health care to the environment to housing, Harris thinks the answer to almost every problem we face is simply more government and more taxpayer money — raising taxes and further indebting future generations in the process.…Harris…supports an astounding $40 trillion in new spending over the next decade. In a sign of just how far left the Democratic Party has shifted on economics, Harris backs more than 20 times as much spending as Hillary Clinton proposed in 2016. …And this is not just a matter of spending. During her failed presidential campaign, Harris supported a federal-government takeover of health care… The senator jumped on the “Green New Deal” bandwagon as well. She co-sponsored the Green New Deal resolution in the Senate that called for a “new national, social, industrial, and economic mobilization on a scale not seen since World War II and the New Deal era.” …she supports enacting price controls on housing across the country. …The left-wing group Progressive Punch analyzed Harris’s voting record and found that she is the fourth-most liberal senator, more liberal even than Massachusetts senator Elizabeth Warren. Similarly, the nonpartisan organization GovTrack.us deemed Harris the furthest-left member of the Senate for the 2019 legislative year. (Spoiler alert: If your voting record is to the left of Bernie Sanders, you might be a socialist.)

To be fair, Harris is simply a politician, so we have no idea what she really believes. Her hard-left agenda might simply be her way of appealing to Democratic voters, much as Republicans who run for president suddenly decide they support big tax cuts and sweeping tax reform.

But whether she’s sincere or insincere, it’s troubling that she actually says it’s the role of government to make sure we all “end up at the same place.”

Let’s close with a video clip from Milton Friedman. At the risk of understatement, he has a different perspective than Ms. Harris.

Since we highlighted Harris’ key quote, let’s also highlight the key quote from Friedman.

Amen.

P.S. It appears Republicans will hold the Senate, which presumably (hopefully?) means that any radical proposals would be dead on arrival, regardless of whether they’re proposed by Biden or Harris.

P.P.S. Harris may win the prize for the most economically illiterate proposal of the 2020 campaign.

——

Will Biden’s Class-Warfare Tax Plan Lead to an Exodus of Job Creators?

After Barack Obama took office (and especially after he was reelected), there was a big uptick in the number of rich people who chose to emigrate from the United States. 

There are many reasons wealthy people choose to move from one nation to another, but Obama’s embrace of class-warfare tax policy (including FATCA) was seen as a big factor.

Joe Biden’s tax agenda is significantly more punitive than Obama’s, so we may see something similar happen if he wins the 2020 election.

Given the economic importance of innovators, entrepreneurs, and inventors, this would be not be good news for the American economy.

The New York Times reported late last year that the United States could be shooting itself in the foot by discouraging wealthy residents.

…a different group of Americans say they are considering leaving — people of both parties who would be hit by the wealth tax… Wealthy Americans often leave high-tax states like New York and California for lower-tax ones like Florida and Texas. But renouncing citizenship is a far more permanent, costly and complicated proposition. …“America’s the most attractive destination for capital, entrepreneurs and people wanting to get a great education,” said Reaz H. Jafri, a partner and head of the immigration practice at Withers, an international law firm. “But in today’s world, when you have other economic centers of excellence — like Singapore, Switzerland and London — people don’t view the U.S. as the only place to be.” …now, the price may be right to leave. While the cost of expatriating varies depending on a person’s assets, the wealthiest are betting that if a Democrat wins…, leaving now means a lower exit tax. …The wealthy who are considering renouncing their citizenship fear a wealth tax less than the possibility that the tax on capital gains could be raised to the ordinary income tax rate, effectively doubling what a wealthy person would pay… When Eduardo Saverin, a founder of Facebook…renounced his United States citizenship shortly before the social network went public, …several estimates said that renouncing his citizenship…saved him $700 million in taxes.

The migratory habits of rich people make a difference in the global economy.

Here are some excerpts from a 2017 Bloomberg story.

Australia is luring increasing numbers of global millionaires, helping make it one of the fastest growing wealthy nations in the world… Over the past decade, total wealth held in Australia has risen by 85 percent compared to 30 percent in the U.S. and 28 percent in the U.K… As a result, the average Australian is now significantly wealthier than the average American or Briton. …Given its relatively small population, Australia also makes an appearance on a list of average wealth per person. This one is, however, dominated by small tax havens.

Here’s one of the charts from the story.

As you can see, Australia is doing very well, though the small tax havens like Monaco are world leaders.

I’m mystified, however, that the Cayman Islands isn’t listed.

But I’m digressing.

Let’s get back to our main topic. It’s worth noting that even Greece is seeking to attract rich foreigners.

The new tax law is aimed at attracting fresh revenues into the country’s state coffers – mainly from foreigners as well as Greeks who are taxed abroad – by relocating their tax domicile to Greece, as it tries to woo “high-net-worth individuals” to the Greek tax register.The non-dom model provides for revenues obtained abroad to be taxed at a flat amount… Having these foreigners stay in Greece for at least 183 days a year, as the law requires, will also entail expenditure on accommodation and everyday costs that will be added to the Greek economy. …most eligible foreigners will be able to considerably lighten their tax burden if they relocate to Greece…nevertheless, the amount of 500,000 euros’ worth of investment in Greece required of foreigners and the annual flat tax of 100,000 euros demanded (plus 20,000 euros per family member) may keep many of them away.

The system is too restrictive, but it will make the beleaguered nation an attractive destination for some rich people. After all, they don’t even have to pay a flat tax, just a flat fee.

Italy has enjoyed some success with a similar regime to entice millionaires.

Last but not least, an article published last year has some fascinating details on the where rich people move and why they move.

The world’s wealthiest people are also the most mobile. High net worth individuals (HNWIs) – persons with wealth over US$1 million – may decide to pick up and move for a number of reasons. In some cases they are attracted by jurisdictions with more favorable tax laws… Unlike the middle class, wealthy citizens have the means to pick up and leave when things start to sideways in their home country. An uptick in HNWI migration from a country can often be a signal of negative economic or societal factors influencing a country. …Time-honored locations – such as Switzerland and the Cayman Islands – continue to attract the world’s wealthy, but no country is experiencing HNWI inflows quite like Australia. …The country has a robust economy, and is perceived as being a safe place to raise a family. Even better, Australia has no inheritance tax

Here’s a map from the article.

The good news is that the United States is attracting more millionaires than it’s losing (perhaps because of the EB-5 program).

The bad news is that this ratio could flip after the election. Indeed, it may already be happening even though recent data on expatriation paints a rosy picture.

The bottom line is that the United States should be competing to attract millionaires, not repel them. Assuming, of course, politicians care about jobs and prosperity for the rest of the population.

P.S. American politicians, copying laws normally imposed by the world’s most loathsome regimes, have imposed an “exit tax” so they can grab extra cash from rich people who choose to become citizens elsewhere.

P.P.S. I’ve argued that Australia is a good place to emigrate even for those of us who aren’t rich.

—-

Question of the Week: Which Department of the Federal Government Should Be the First to Be Abolished?

I was asked last week which entitlement program is most deserving of reform.

While acknowledging that Social Security and Medicare also are in desperate need of modernization, I wrote that Medicaid reformshould be the first priority.

But I’d be happy if we made progress on any type of entitlement reform, so I don’t think there are right or wrong answers to this kind of question.

We have the same type of question this week. A reader sent an email to ask “Which federal department should be abolished first?”

I guess this is what is meant when people talk about a target-rich environment. We have an abundance of candidates:

• Department of Education
• Department of Agriculture
• Department of Energy
• Department of Veterans Affairs
• Department of Transportation

But if I have to choose, I think the Department of Housing and Urban Development should be first on the chopping block.

Raze the building and put a layer of salt over the earth to make sure it can never spring back to life

I’ve already argued that there should be no federal government involvement in the housing sector and made the same argument on TV. And I’ve also shared some horror stories about HUD waste and incompetence.

• HUD engages in racism and social engineering.
• Urban renewal projects destroy neighborhoods and foment corruption.
• HUD subsidies are grotesquely wasteful.
• There are epidemic levels of waste, fraud, and abuse at HUD.

Heck, I even made HUD the background image for my video on the bloated and overpaid bureaucracy in Washington.

It’s also worth noting that there’s nothing about housing in Article I, Section VIII, of the Constitution. For those of us who have old-fashioned values about playing by the rules, that means much of what takes place in Washington – including housing handouts – is unconstitutional.

Simply stated, there is no legitimate argument for HUD. And I think there would be the least political resistance.

As with the answer to the question about entitlements, this is a judgment call. I’d be happy to be proven wrong if it meant that politicians were aggressively going after another department. Anything that reduces the burden of government spending is a step in the right direction

Milton Friedman on Spending

October 3, 2020 by Dan Mitchell

I identified four heroes from the “Battle of Ideas” video I shared in late August – Friedrich Hayek, Milton Friedman, Ronald Reagan, and Margaret Thatcher. Here’s one of those heroes, Milton Friedman, explaining what’s needed to control big government.

—

Why Milton Friedman Saw School Choice as a First Step, Not a Final One

On his birthday, let’s celebrate Milton Friedman’s vision of enabling parents, not government, to be in control of a child’s education.

Wednesday, July 31, 2019

Kerry McDonald

EducationMilton FriedmanSchool ChoiceSchooling

Libertarians and others are often torn about school choice. They may wish to see the government schooling monopoly weakened, but they may resist supporting choice mechanisms, like vouchers and education savings accounts, because they don’t go far enough. Indeed, most current choice programs continue to rely on taxpayer funding of education and don’t address the underlying compulsory nature of elementary and secondary schooling.

Skeptics may also have legitimate fears that taxpayer-funded education choice programs will lead to over-regulation of previously independent and parochial schooling options, making all schooling mirror compulsory mass schooling, with no substantive variation.

Friedman Challenged Compulsory Schooling Laws

Milton Friedman had these same concerns. The Nobel prize-winning economist is widely considered to be the one to popularize the idea of vouchers and school choice beginning with his 1955 paper, “The Role of Government in Education.” His vision continues to be realized through the important work of EdChoice, formerly the Friedman Foundation for Education Choice, that Friedman and his economist wife, Rose, founded in 1996.

July 31 is Milton Friedman’s birthday. He died in 2006 at the age of 94, but his ideas continue to have an impact, particularly in education policy.

Friedman saw vouchers and other choice programs as half-measures. He recognized the larger problems of taxpayer funding and compulsion, but saw vouchers as an important starting point in allowing parents to regain control of their children’s education. In their popular book, Free To Choose, first published in 1980, the Friedmans wrote:

We regard the voucher plan as a partial solution because it affects neither the financing of schooling nor the compulsory attendance laws. We favor going much farther. (p.161)

They continued:

The compulsory attendance laws are the justification for government control over the standards of private schools. But it is far from clear that there is any justification for the compulsory attendance laws themselves. (p. 162)

The Friedmans admitted that their “own views on this have changed over time,” as they realized that “compulsory attendance at schools is not necessary to achieve that minimum standard of literacy and knowledge,” and that “schooling was well-nigh universal in the United States before either compulsory attendance or government financing of schooling existed. Like most laws, compulsory attendance laws have costs as well as benefits. We no longer believe the benefits justify the costs.” (pp. 162-3)

Still, they felt that vouchers would be the essential starting point toward chipping away at monopoly mass schooling by putting parents back in charge. School choice, in other words, would be a necessary but not sufficient policy approach toward addressing the underlying issue of government control of education.

Vouchers as a First Step

In their book, the Friedmans presented the potential outcomes of their proposed voucher plan, which would give parents access to some or all of the average per-pupil expenditures of a child enrolled in public school. They believed that vouchers would help create a more competitive education market, encouraging education entrepreneurship. They felt that parents would be more empowered with greater control over their children’s education and have a stronger desire to contribute some of their own money toward education. They asserted that in many places “the public school has fostered residential stratification, by tying the kind and cost of schooling to residential location” and suggested that voucher programs would lead to increased integration and heterogeneity. (pp. 166-7)

To the critics who said, and still say, that school choice programs would destroy the public schools, the Friedmans replied that these critics fail to

explain why, if the public school system is doing such a splendid job, it needs to fear competition from nongovernmental, competitive schools or, if it isn’t, why anyone should object to its “destruction.” (p. 170)

What I appreciate most about the Friedmans discussion of vouchers and the promise of school choice is their unrelenting support of parents. They believed that parents, not government bureaucrats and intellectuals, know what is best for their children’s education and well-being and are fully capable of choosing wisely for their children—when they have the opportunity to do so.

They wrote:

Parents generally have both greater interest in their children’s schooling and more intimate knowledge of their capacities and needs than anyone else. Social reformers, and educational reformers in particular, often self-righteously take for granted that parents, especially those who are poor and have little education themselves, have little interest in their children’s education and no competence to choose for them. That is a gratuitous insult. Such parents have frequently had limited opportunity to choose. However, U.S. history has demonstrated that, given the opportunity, they have often been willing to sacrifice a great deal, and have done so wisely, for their children’s welfare. (p. 160).

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Voucher Programs Today

Today, school voucher programs exist in 15 states plus the District of Columbia. These programs have consistently shown that when parents are given the choice to opt-out of an assigned district school, many will take advantage of the opportunity. In Washington, D.C., low-income parents who win a voucher lottery send their children to private schools.

The most recent three-year federal evaluationof voucher program participants found that while student academic achievement was comparable to achievement for non-voucher students remaining in public schools, there were statistically significant improvements in other important areas. For instance, voucher participants had lower rates of chronic absenteeism than the control groups, as well as higher student satisfaction scores. There were also tremendous cost-savings.

In Wisconsin, the Milwaukee Parental Choice Program has served over 28,000 low-income students attending 129 participating private schools.

According to Corey DeAngelis, Director of School Choice at the Reason Foundation and a prolific researcher on the topic, the recent analysis of the D.C. voucher program “reveals that private schools produce the same academic outcomes for only a third of the cost of the public schools. In other words, school choice is a great investment.”

In Wisconsin, the Milwaukee Parental Choice Program was created in 1990 and is the nation’s oldest voucher program. It currently serves over 28,000 low-income students attending 129 participating private schools. Like the D.C. voucher program, data on test scores of Milwaukee voucher students show similar results to public school students, but non-academic results are promising.

Increased Access and Decreased Crime

Recent research found voucher recipients had lower crime rates and lower incidences of unplanned pregnancies in young adulthood. On his birthday, let’s celebrate Milton Friedman’s vision of enabling parents, not government, to be in control of a child’s education.

According to Howard Fuller, an education professor at Marquette University, founder of the Black Alliance for Educational Options, and one of the developers of the Milwaukee voucher program, the key is parent empowerment—particularly for low-income minority families.

In an interview with NPR, Fuller said: “What I’m saying to you is that there are thousands of black children whose lives are much better today because of the Milwaukee parental choice program,” he says. 
“They were able to access better schools than they would have without a voucher.”

Putting parents back in charge of their child’s education through school choice measures was Milton Friedman’s goal. It was not his ultimate goal, as it would not fully address the funding and compulsion components of government schooling; but it was, and remains, an important first step. As the Friedmans wrote in Free To Choose:

The strong American tradition of voluntary action has provided many excellent examples that demonstrate what can be done when parents have greater choice. (p. 159).

On his birthday, let’s celebrate Milton Friedman’s vision of enabling parents, not government, to be in control of a child’s education.

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What were the main proposals of Milton Friedman?

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Defending Milton Friedman

July 31, 2012 – 6:45 am

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