Category Archives: laws and legislation

Justice & Faith

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Friends of Padre Steve’s World,

Alfred North Whitehead wrote, “Religion carries two sorts of people in two entirely opposite directions: the mild and gentle people it carries towards mercy and justice; the persecuting people it carries into fiendish sadistic cruelty…”

I find much truth in Whitehead’s words. Those who follow my writings know how much I struggle with faith and doubt on a daily basis. I believe, but as the man told Jesus when he asked Jesus to heal his child “I believe, help my unbelief.” I no longer believe in the “absolute truths” that I once believed. Of course to some this makes me a heretic or worse. That being said, I have faith in a God I cannot see. I have faith in a God who clothes himself in human weakness and allows himself to be killed based on the trumped up charges of corrupt and fearful religious leaders. Thus I have a problem with Christians or members of other religions try to use the police power of state to enforce their beliefs on others.

I believe, but my doubts are all too real. Frankly I cringe when I hear religious people speaking with absolute certitude about things that they ultimately cannot prove, and that includes the concept of justice, which cannot always be measured in absolutes. Captain Jean Luc Picard (Patrick Stewart) noted in the Star Trek the Next Generation episode Justice: 

“I don’t know how to communicate this, or even if it is possible. But the question of justice has concerned me greatly of late. And I say to any creature who may be listening, there can be no justice so long as laws are absolute. Even life itself is an exercise in exceptions.”

I have found and learned to accept that life as we know it “is an exercise in exceptions.”  We all make them, and the Bible and the history of the church is full of them. So I have a hard time with people who claim an absolute certitude in beliefs that wish to impose on others.

True believers frequently wrap themselves in the certitude of their faith. They espouse doctrines that are unprovable and then build complex doctrinal systems to prove them, systems that then which must be defended, sometimes to the death. Eric Hoffer wrote: “A doctrine insulates the devout not only against the realities around them but also against their own selves. The fanatical believer is not conscious of his envy, malice, pettiness and dishonesty. There is a wall of words between his consciousness and his real self.”

Henri Nouwen wrote, “Theological formation is the gradual and often painful discovery of God’s incomprehensibility. You can be competent in many things, but you cannot be competent in God.”

No one can be competent in God, and that those who claim to be are either hopelessly deluded, or worse, are evil men masquerading as good. Those that speak of absolutes and want to use the Bible or any other religious text as some sort of rule book that they alone can interpret need to ask themselves this question, “When has justice ever been as simple as a rulebook?” 

Sadly too many people, Christians, Moslems, Jews, Hindus, and others apply their own misconceptions and prejudices to their scriptures and use them as a weapon of temporal and divine judgement on all who they oppose. However, as history, life and even our scriptures testify, that none of us can absolutely claim to know the absolutes of God. As Captain Picard noted “life itself is an exercise in exceptions.” 

It takes true wisdom to know when and how to make these exceptions, wisdom based on reason, grace and mercy. Justice, is to apply the law in fairness and equity, knowing that even our best attempts can be misguided. If instead of reason we appeal to emotion, hatred, prejudice or vengeance and clothe them in the language of righteousness, what we call justice can be more evil than any evil it is supposed to correct, no matter what our motivation.

But we see it all too often, religious people and others misusing faith or ideology to condemn those they do not understand or with whom they disagree. When such people gain power they tend to expand that power into the realm of theocratic absolutism and despotism. As Captain Jean Luc Picard noted in the Start Trek Next Generation episode The Drumhead:

“We think we’ve come so far. Torture of heretics, burning of witches it’s all ancient history. Then – before you can blink an eye – suddenly it threatens to start all over again.”

Peace

Padre Steve+

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Your Fear Will Destroy You

Friends of Padre Steve’s World,

Last night the U.S. State Department issued a worldwide travel alert as Belgium’s government continued its lockdown of Brussels. As this went on the French continued their search for DAESH terrorists who took part in the Paris attacks. Over a week ago the U.S. Government issued an order for military and other government agents to not travel to Paris.

As all of this is going on I am thinking about an episode of Star Trek Deep Space Nine entitled, Paradise Lost that deals with suspected Dominion shape shifters infiltrating Earth that conducted a terror attack in Antwerp. The fact that the episode premiered in 1996 only underscores the fact that human nature is very consistent. We cannot forget the many times in history where peoples and nations have sacrificed essential liberty for the illusion of security.

In the episode Starfleet command declares martial law on Earth, and everyone is a potential terror suspect. Troops were deployed; citizens were subject to random blood tests to determine if they were really human, and false flag operations were conducted to instill even more fear, and for a time the plan worked, people submitted to the measures because of fear.

However, Captain Sisko, of Deep Space Nine who was called back to Earth to head security operations, discovers the plot. In a talk with the commander of Starfleet Captain Sisko asks why he has been brought back to Earth, the conversation is interesting in light of recent events:

SISKO: Then why did you bring me here?

LEYTON: Because I needed someone who knew how to fight shape-shifters, and that’s you. And I suppose on some level I hoped that when you saw what we were accomplishing, you’d join us. You’ve always had a strong sense of duty.

SISKO: My duty is to protect the Federation. 


LEYTON: That’s what we’re trying to do. 


SISKO: What you’re trying to do is to seize control of Earth and place it under military rule.

LEYTON: If that’s what it takes to stop the Dominion. 


SISKO: So you’re willing to destroy paradise in order to save it.

In light of the threat posed by DAESH, with real, suspected and imagined terrorist attacks in Europe, in the Middle East, and potentially in the United States, the conversation is quite relevant.

As the episode unfolds a shape shifter impersonating Chief O’Brien confronts Captain Sisko:

Changeling: Let me ask you a question. How many Changelings do you think are here on Earth right at this moment?

Captain Sisko: I’m not going to play any guessing games with you.

Changeling: Ah. What if I were to tell you that there are only four on this entire planet? Huh? Not counting Constable Odo, of course. Think of it – just four of us. And look at the havoc we’ve wrought.

Captain Sisko: How do I know you’re telling me the truth? 


Changeling: Four is more than enough. We’re smarter than solids. We’re better than you. And most importantly, we do not fear you the way you fear us. In the end, it’s your fear that will destroy you.

The fact is that the numbers of DAESH terrorists are extremely small, and yes they are capable of doing a lot of damage. But at the same time what are we willing to sacrifice to ensure our security? It seems that we are becoming ever more willing to sacrifice liberty in the name of security and to cast suspicion, and on an entire religion, including loyal citizens due to the actions of some. If that happens, DAESH wins, no matter how secure we think we are; but do not get me wrong, security is important, but sacrificing liberty in the name of security has seldom been effective, and once surrendered, liberty seldom returns.

I think the very last line of the spoken by the changeling is the most important. In the end, it is our fear that will destroy us.

Peace

Padre Steve+

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Paris & the Return of the Know Nothings

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Friends of Padre Steve’s World,

In the wake of the recent DAESH terror attacks there has been a resurgence in anti-immigrant sentiment in the United States and Western Europe targeting the Syrians fleeing the terror of DAESH, or as they call themselves the Islamic State. The parties that capitalize on this in both areas have long track records and usually mask their hatred of people who are not like them, in terms of security. The arguments are nothing new, they have been used against almost every immigrant group that has ever come to the shores of Europe or America.

If you have read my last few posts, you know that I do believe that we are in a war against an intractable foe that must be defeated. At the same time I believe that we cannot allow ourselves to forget the best of our heritage and our highest ideals in doing so. Unfortunately, it seems that we are about to make things worse by re-victimizing the victims, and emboldening the claim of DAESH to be the return of the Caliphate.

Many of the prominent candidates for the Republican nomination for President, numerous representatives, over half of the nation’s governors have announced their opposition to any immigration of Syrians to this country, their language often mirroring that of previous anti-immigrant groups. Donald Trump, Ted Cruz, Ben Carson, and others have tapped into the vast reservoir of nativism that has always been a part of the American body-politic. These politicians, as well as the pundits and preachers who fan the flames of fear are gaining traction. One cannot go to Facebook, or other social media sites and not see some of the vilest memes and comments be the people who stirred up by them make some most ill-informed comments imaginable, and a lot of these people are the descendants of immigrants who were subject to the very kind of discrimination, and even race hatred that they spew at current immigrants, especially Syrians and others from the Middle East, Africa, Asia, and Latin America.

As I said, such attitudes and movements are nothing new. Anti-immigrant movements in the United States go back to our earliest days, ever since the first Irish Catholics showed up in the northeast in the late 1790s and early 1800s. Met with scorn and treated as criminals the Irish Catholics had to work hard to gain any kind of acceptance in Protestant America. But immigrants continued to come, seeking the freedom promised in the Declaration of Independence.

Many White American Protestants viewed Irish, German and other European immigrants to the Unites States in the 1830s, 1840s, and 1850s as interlopers who were attempting to take over the country. The immigrants were regarded as poor, uneducated, uncouth, and immoral, and in the case of Catholic immigrants as representatives and foot soldiers of a hostile government, the Vatican, headed by the Pope and the bishops. Those who opposed immigration formed a movement that was aimed at forbidding immigrants from being granted full rights, especially the rights of citizenship and voting. The fear was pervasive. Many Northern Whites were afraid that immigrants would take their jobs, since like slaves in the South, the new immigrants were a source of cheap labor.

Northern Protestant church leaders and ministers were some of the most vocal anti-immigrant voices and their words were echoed by politicians and in the press. The movement grew and used government action, the courts and violence to oppress the Irish and Germans who were the most frequent targets of their hate. The movement eventually became known as the “Know Nothing” movement.

Know Nothing leaders were not content to simply discuss their agenda in the forum of ideas and political discourse, they often used mob-violence and intimidation to keep Catholics away from the ballot box. Mobs of nativist Know Nothings sometimes numbering in the hundreds or even the thousands attacked immigrants in what they called “Paddy hunts,” Paddy being a slur for the Irish. To combat immigrants who might want to exercise their right to vote, the Know Nothings deployed gangs like the New York’s Bowery Boys and Baltimore’s Plug Uglies. They also deployed their own paramilitary organization to intimidate immigrants on Election Day. This group, known as the Wide Awakes was especially prone to use violence and physical intimidation in pursuit of their goals. The Nativist paramilitaries also provided security for anti-immigrant preachers from angry immigrants who might try to disrupt their “prayer” meetings.

Know Nothing’s and other Nativist organizations, organized mass meetings throughout the country which were attended by thousands of men. The meetings were often led by prominent Protestant ministers who were rich in their use of preaching and prayer to rile up their audiences. The meetings often ended with physical attacks and other violence against German or Irish immigrants and sometimes with the burning of the local Catholic Church. They also provided security for preachers from angry immigrants who might try to disrupt nativist prayer meetings.

The violence was widespread and reached its peak in the mid-1850s.

Monday, August 6, 1855 was Election Day in Louisville, Kentucky. To prevent German and Irish Catholics from voting, Know Nothing mobs took to the street and launched a violent attack on immigrants as well as their churches and businesses. Known now as “Black Monday” the Nativists burned Armbruster’s Brewery, they rolled cannons to the doors of the St. Martin of Tours Church, the Cathedral of the Assumption and Saint Patrick’s Church, which they then were searched for arms. The private dwellings and the businesses of immigrants were looted. A neighborhood known as “Quinn’s Row” was burned with the inhabitants barricaded inside. At least 22 persons were killed in the violence and many more were injured. In Baltimore the 1856, 1857, and 1858 elections were all marred by violence perpetrated by Nativist mobs. In Maine, Know Nothing followers tarred and feathered a Catholic priest and burned down a Catholic church.

The Know Nothings did not merely seek to disenfranchise immigrants through violence alone, they were more sophisticated than that. They knew that to be successful they had to change the law. Then, as now, a new immigrant had to live in the United States for five years before becoming eligible to become a naturalized of the United States. The Know nothings felt that this was too short of time and their party platform in the 1856 election had this as one of the party planks:

A change in the laws of naturalization, making a continued residence of twenty-one years, of all not heretofore provided for, an indispensable requisite for citizenship hereafter, and excluding all paupers, and persons convicted of crime, from landing upon our shores; but no interference with the vested rights of foreigners.

The rational of the Know Nothings for the 21 year wait was that if a baby born in the United States had to wait until it was 21 years old he could vote, that immigrants were being permitted to “jump the line” and vote sooner than native-born Americans. But really what the Know Nothings wanted to was to destroy the ability of immigrant communities to use the ballot box. In many localities and some states Know Nothing majorities took power. The Massachusetts legislature, which was dominated by Know Nothings, passed a law barring immigrants from voting for two additional years after they became United States citizens.

A Know Nothing supporter recorded the 1856 Know Nothing Party platform. The similarities between it and many of the new nativists ideas are quite striking:

(1) Repeal of all Naturalization Laws.

(2) None but Americans for office.

(3) A pure American Common School system.

(4) War to the hilt, on political Romanism.

(5) Opposition to the formation of Military Companies, composed of Foreigners.

(6) The advocacy of a sound, healthy and safe Nationality.

(7) Hostility to all Papal influences, when brought to bear against the Republic.

(8) American Constitutions & American sentiments.

(9) More stringent & effective Emigration Laws.

(10) The amplest protection to Protestant Interests.

(11) The doctrines of the revered Washington.

(12) The sending back of all foreign paupers.

(13) Formation of societies to protect American interests.

(14) Eternal enmity to all those who attempt to carry out the principles of a foreign Church or State.

(15) Our Country, our whole Country, and nothing but our Country.

(16) Finally,-American Laws, and American Legislation, and Death to all foreign influences, whether in high places or low

In addition to their violent acts, the use of the courts and political intimidation the Know Nothings waged a culture war against immigrants. Latin mottoes on courthouses were replaced by English translations. Actions were taken to remove immigrants who had become naturalized citizens from public offices and civil service jobs as well as to use the government to persecute Catholic churches. In Philadelphia, all naturalized citizens on the police force were fired, including non-Catholics who has supported Catholic politicians, and in Boston, a special board was set up to investigate the sex lives of nuns and other supposed crimes of the Catholic church.

In the political upheaval of the 1850s Nativists tried to find homes in the different political parties. Some Know Nothings who were abolitionists became part of the new Republican Party, and Abraham Lincoln condemned them in harsh terms. He wrote his friend Joshua Speed about the hypocrisy that they displayed by supposedly being against the oppression of blacks while willing to oppress immigrants:

“I am not a Know-Nothing. That is certain. How could I be? How can any one who abhors the oppression of negroes, be in favor or degrading classes of white people? Our progress in degeneracy appears to me to be pretty rapid. As a nation, we began by declaring that “all men are created equal.” We now practically read it “all men are created equal, except negroes” When the Know-Nothings get control, it will read “all men are created equal, except negroes, and foreigners, and Catholics.” When it comes to this I should prefer emigrating to some country where they make no pretence of loving liberty — to Russia, for instance, where despotism can be taken pure, and without the base alloy of hypocracy [sic].”

As an organized movement, the Know Nothings died out by the early 1860s, migrating to different parties and causes. In the North many became part of the pro-slavery Copperhead movement, which opposed Lincoln on emancipation and the Thirteenth Amendment. In the post-war South the anti-Catholic parts of the Nativist movement found a home in the Ku Klux Klan and other white terrorist organizations which also used racist and nativist propaganda to perpetuate violence, and disenfranchise emancipated blacks in the decades following the end of the Civil War and the end of Reconstruction. The Nativist and anti-immigrant sentiments have periodically found a home in different parts of the country and the electorate. Violence was used against Chinese, Japanese and Filipino immigrants on the West Coast, against Mexicans in the Southwest, Italians, Slavs, Eastern Europeans and Jews in the Northeast.

Sadly it seems that it is being turned against others today. I find it strange that there are a host of people, mostly on the political right that are doing their best in their local communities, state legislatures and even Congress to roll back civil liberties for various groups of people. There is a certain amount of xenophobia in regard to immigrants of all types, especially those with darker skin white Americans, but some of the worst is reserved for Arabs and other Middle-Easterners, even Arab Christians who are presumed as all Middle Easterners are to be Moslem terrorists, even those who have been here decades and hold respectable places in their communities.

But immigrants are not alone, there seems to be in some states a systematized attempt to disenfranchise the one group of people that has almost always borne the brunt of legal and illegal discrimination, African Americans.

Likewise there have been numerous attempts to roll back the rights of women, especially working women; the use of the legislature by religious conservatives to place limits on the reproductive rights of women, holding them to the standard of a religion that they do not practice. Despite the Supreme Court’s ruling for Marriage Equality in Obergfell v. Hodges there still are numerous attempts to curb any civil rights, including the right to marriage or civil unions of the LGBT community.

As I said, this is nothing new, that hatred and intolerance of some toward anyone who is different than them, who they deem to be a threat is easily exploited by politicians, pundits and preachers, none of whom care for anything but their prosperity, ideology, religion, or cause. While I would not call them a new incarnation of the Know Nothings, I have to notice the similarities in their message and the way that they push their agenda. As for those among them who claim the mantle of Christ and call themselves Christians I am troubled, because I know that when religion is entwined with political movements that are based in repressing or oppressing others that it does not end well. As Brian Cox who played Herman Goering in the television miniseries Nuremberg told the American Army psychologist Captain Gustave Gilbert played by Matt Craven “The segregation laws in your country and the anti-Semitic laws in mine, are they not just a difference of degree?

That difference of degree does matter, and there have been and still could be times when the frustration and anger of people, especially religious people can be whipped into a frenzy of violence and government sanctioned oppression by unscrupulous politicians, preachers and pundits. History is replete with examples of how it can happen. When I think of this I am reminded of the close of Spencer Tracy’s remarks in the movie Judgment at Nuremberg:

But this trial has shown that under a national crisis, ordinary – even able and extraordinary – men can delude themselves into the commission of crimes so vast and heinous that they beggar the imagination. No one who has sat through the trial can ever forget them: men sterilized because of political belief; a mockery made of friendship and faith; the murder of children. How easily it can happen. There are those in our own country too who today speak of the “protection of country” – of ‘survival’. A decision must be made in the life of every nation at the very moment when the grasp of the enemy is at its throat. Then, it seems that the only way to survive is to use the means of the enemy, to rest survival upon what is expedient – to look the other way. Well, the answer to that is ‘survival as what’? A country isn’t a rock. It’s not an extension of one’s self. It’s what it stands for. It’s what it stands for when standing for something is the most difficult! Before the people of the world, let it now be noted that here, in our decision, this is what we stand for: justice, truth, and the value of a single human being.”

Who and what are we?

Peace

Padre Steve+

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Freedom or Security? The Precarious Balance

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Friends of Padre Steve’s World,

The Roman philosopher and political theorist Cicero wrote words that are chilling, and over 2000 years after he wrote them, still troubling, “Inter Arma Enim Silent Leges,” in time of war the law stands silent…

Yesterday I wrote a piece that dealt with the moral and ethical costs of fighting a war against the self-proclaimed Islamic State using the lens of the Star Trek Deep Space Nine episode In the Pale Moonlight. I found it troubling and even had some nightmares involving this war, as a result I did not sleep well last night. So today I am going to continue the discussion, with a slightly different emphasis, again using a Deep Space Nine episode, this one called Inter Arma Enim Silent Leges which deals with a Federation security service trying to co-opt the Chief Medical Officer of Deep Space Nine to spy for them.

James Madison wrote that “A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy; or, perhaps both.”

After September 11th 2001 the National Security State went into overdrive with the passage of the so called Patriot Act. That act opened the floodgates for an ever expanding national security state. With the growing likelihood that a Russian airline was destroyed by a terrorist bomb over the Sinai Peninsula, the probability is that more and more civil liberties will disappear in the name of national security. The fact is that we as a society need to wrestle with the questions of maintaining an open and free society in the midst of a world that is growing ever more dangerous. If we are to maintain an open and free society we must have this discussion, and we cannot allow ourselves to be duped into surrendering the very rights and civil liberties that we hold dear, in the name of security against threats real, and imagined. The fact that the threat to civil liberties is growing, and has been for the last decade and a half under both Republican and Democratic administrations, and Congresses controlled at one time or another by the Republican and the Democratic Parties.

Patriot-Act-HR-3162

I have a lot of apprehension when I read the reports about the activities of the National Security Agency, other intelligence and police agencies at all levels of government and the pervasive erosion of civil rights.  The national security state and the seeming all pervasive security and surveillance apparatus which demolishes any sense of privacy, especially the protections enunciated in the Fourth Amendment and to some extent the First Amendment. Of course the use of similar methods by the private sector, often in conduction with government agencies is another concern, but that needs to wait for another day.

I also understand from history and empirical evidence that many others, many from unfriendly countries do not share those apprehensions. Many of these competitors are willing to use whatever openness that we have as a society against us, using similar technology and methods used by our intelligence, police, governmental and private sector. It makes for an ethical, legal and even constitutional conundrum. I know that I am not comfortable with this, and perhaps maybe none of us should be.

It is very easy on one hand in light of history, our Constitution and democratic process to condemn the NSA, the FISA courts and other lawfully constituted agencies and those that drafted the laws over the decades that allow the activities which they now conduct. The same can be said of foreign intelligence agencies which all engage in similar activities including the British GCHQ, the German Bundesnachrichtendienst and so many others including the Chinese and Russians.

Likewise it is equally easy in light of history, current events and national security concerns for people to jump to the other side of the fence and not only defend the activities of the NSA and agencies like it, and to demonize those that protest or expose such activities.

When I see the talking heads on cable news shows defending or condemning such activities and not agonizing over the complexity and issues involved I get worried. Because there are legitimate concerns voiced by critics as well as defenders. But since we live in an era of soundbites, gotcha and half-truths being portrayed as all truth I find it helpful to use either historical examples, literature or fiction, and even science fiction to wrestle with the fundamental truths. So I find looking at such issues through the prism of Star Trek sometimes more interesting and provocative than simply doing the whole moralizing pundit thing.

There was an episode of Star Trek Deep Space Nine that aired well before the events of 9-11-2001, and the subsequent Global War on Terror, that I find fascinating. The episode deals with a secretive agency in Starfleet operating in the gray areas between the laws and ideals of the Federation and the threats that the Federation faces. Even when the Federation is a peace, Section 31, as it is called is engaged in activities https://www.youtube.com/watch?v=DhkfuyBLDlYagainst historic or potential enemies. In a way it is somewhat like the NSA or the Defense Intelligence Agency.

At the beginning of the Deep Space Nine Episode Inter Arma Enim Silent Leges the head of Section 31, a man only known as Sloan comes back Doctor Julia Bashir to involve him in an clandestine operation. An operation to on the Romulans who at this point are a Federation ally against the Dominion.

Sloan makes his approach and Bashir, who expresses his reservations:

BASHIR: You want me to spy on an ally.

SLOAN: To evaluate an ally. And a temporary ally at that. I say that because when the war is over, the following will happen in short order. The Dominion will be forced back to the Gamma Quadrant, the Cardassian Empire will be occupied, the Klingon Empire will spend the next ten years recovering from the war and won’t pose a serious threat to anyone. That leaves two powers to vie for control of the quadrant, the Federation and the Romulans.

BASHIR: This war isn’t over and you’re already planning for the next.

SLOAN: Well put. I hope your report is equally succinct.

BASHIR: How many times do I have to tell you, Sloan? I don’t work for you.

SLOAN: You will. It’s in your nature. You are a man who loves secrets. Medical, personal, fictional. I am a man of secrets. You want to know what I know, and the only way to do that is to accept the assignment.

I find the exchange both illuminating and riveting. The fact is that in the situation we face today the arguments of both sides should make us very uncomfortable.

Whether we like it or not or not, the incredibly rapid technical and communication advances of the past couple of decades have primed us for our present conundrum of liberty and privacy or security. That technology, as wonderful as it is  has enabled a generation to grow up in a virtual world in many ways detached from the moral and ethical balances between individual rights and liberties as well responsibility to community.

All the wonderful gadgets that we employ in everyday life, make it easy for enemies and “friends” to do things that were unimaginable to people other than science fiction writers even twenty to thirty years ago. Likewise they were certainly beyond the wildest imaginations of any of the founders who drafted Constitution.

The reality is, the things that make are lives so easy are also the things that have the potential to remove the very liberties that we treasure, either by our enemies using them, or those that defend us.

The truth is, that throughout history, even our own there have been operatives within the government in charge of secrets, as well as spies. In the Inter Arma Enim Silent Leges episode we see an operation that is full of duplicity and moral ambiguity all committed in the name of security. I won’t go into the details because it is too full of twists, and turns, you can read the plot of the episode at Memory Alpha.org http://en.memory-alpha.org/wiki/Inter_Arma_Enim_Silent_Leges_%28episode%29

There is an exchange between Dr. Bashir and Admiral Ross of Starfleet command which is very enlightening because it practically mirrors how many on both the civil liberties and the national security side of the current controversy feel about the War on Terror.

BASHIR: You don’t see anything wrong with what happened, do you.

ROSS: I don’t like it. But I’ve spent the last year and a half of my life ordering young men and young women to die. I like that even less.

BASHIR: That’s a glib answer and a cheap way to avoid the fact that you’ve trampled on the very thing that those men and women are out there dying to protect! Does that not mean anything to you?

ROSS: Inter arma enim silent leges.

BASHIR: In time of war, the law falls silent. Cicero. So is that what we have become? A twenty fourth century Rome driven by nothing more than the certainty that Caesar can do no wrong!

ROSS: This conversation never happened.

In light of the controversy of today regarding the NSA, FISA Courts, government secrecy and intelligence gathering information on its own citizens, as well as allies, friends and and enemies we face a growing tide of reporters and others seeking to reveal those secrets. Back in 1989 ethicist Sissela Bok wrote something very important in her book Secrets: Moral Choice in Public and Private Life:

“…as government secrecy expands, more public officials become privy to classified information and are faced with the choice of whether or not to leak … growing secrecy likewise causes reporters to press harder from the outside to uncover what is hidden. And then in a vicious circle, the increased revelations give government leaders further reasons to press for still more secrecy.”

As we wade through the continuing controversy surrounding these issues we will see people do exactly what Bok said. These are the exact arguments are being made by the people and officials directly involved in such activities, as well as former elected and appointed officials, and members of the press.

The interesting thing to me is that very few of the people or agencies, past and present, Republican and Democrat involved have clean hands. It is amazing to see former champions of civil liberties defend the NSA actions and those that empowered the NSA in the Patriot Act now condemn it. I find it both fascinating and frightening.

At the end of the Inter Arma Enim Silent Leges episode the mysterious Sloan pops back in on Doctor Bashir who is in his quarters, asleep and depressed by what he experienced during the operation on Romulus and with Admiral Ross.

SLOAN: Good evening.

BASHIR: Are you expecting applause? Have you come to take a bow?

SLOAN: I just wanted to say thank you.

BASHIR: For what? Allowing you to manipulate me so completely?

SLOAN: For being a decent human being. That’s why we selected you in the first place, Doctor. We needed somebody who wanted to play the game, but who would only go so far. When the time came, you stood your ground. You did the right thing. You reached out to an enemy, you told her the truth, you tried to stop a murder. The Federation needs men like you, Doctor. Men of conscience, men of principle, men who can sleep at night. You’re also the reason Section Thirty one exists. Someone has to protect men like you from a universe that doesn’t share your sense of right and wrong.

BASHIR: Should I feel sorry for you? Should I be weeping over the burden you’re forced to carry in order to protect the rest of us?

SLOAN: It is an honor to know you, Doctor. Goodnight.

We live in this kind of world and maybe it is good to sometimes step back and look at issues using a different prism. I really don’t have the answers. I am a civil libertarian who places a high value on the openness of a government to its people. I also know that there are those that have no regard for such openness or, to quote Sloan don’t “share your sense of right and wrong.”

Maybe that is not a good answer. I really don’t know. All I know is that as uncomfortable as this all is that those on both sides of the issue have valid points and concerns. It is a debate that needs to happen if we are able to balance that a society needs to balance individual rights and responsibility to the community; openness and secrecy; civil liberties and national security.

But that being said. it is a debate that needs to happen, even if it makes us uncomfortable. I for one think that it is better that we be uncomfortable when looking at such an important debate than to be prisoners of our certitude.

Peace

Padre Steve+

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The Unspeakable Taboo: Evil, Genocide & Human Nature

Friends of Padre Steve’s World,

This is the final section of the article that I have been posting over the last six days.

The material in this article that I have spread over the past six days is often troubling. At least it is to me because while I earnestly want to believe that humanity is essentially good, I cannot get around the fact that people in every clime and place throughout history often choose to either participate in, or to ignore evil committed against when it is in their own self-interest.  I can see into the darkness and I can understand it.

Joyce Carol Oates wrote, “And this is the forbidden truth, the unspeakable taboo – that evil is not always repellent but frequently attractive; that it has the power to make of us not simply victims, as nature and accident do, but active accomplices.” That is one of the things that makes the Holocaust, but even more so, the actions of those murdered millions of people up close and personal as members of the Einsatzgruppen, the Police battalions, the Romanian Army, or the locally recruited Eastern European militias.

While this of itself is troubling, the fact that many high ranking military and civilian officials in Germany, and some of their allied countries knew about it, and even if they disapproved did nothing to try to stop it. But even more damning is the fact that many other nations, including the United States knew what was happening and before the war would not accept Jewish immigrants who were being forced to leave Germany and Austria, and then during the war did little or nothing to attempt to stop the mass killings in the extermination camps. The fact is that people are people and most of the actors in this ghastly drama were much like us. That is what makes the period so troubling.

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einsatzgruppen trial

Otto Ohlendorf at the Einsatzgruppen Trial

The German war against Poland and the Soviet Union was heavily dependent on the racist ideology of Adolf Hitler. He was the true spirit behind the atrocities committed by his nation as one Nazi leader noted in Russia, “Here too the Führer is the moving spirit of a radical solution in both word and deed.” 187Hitler saw the war in the East as “the chance to stamp out everything that stands against us.” 188Belief in Germany’s right to Lebensraum, was predicated on increasing the standard of living for Germans even if it meant destroying others to do it. The need for food security was one of Hitler’s biggest concerns, and he believed that need would be provided by the conquest of the Soviet Union and the exploitation of the breadbasket of the Ukraine. Hitler’s quest for unlimited natural resources to sustain his Thousand Year Reich and his belief in the racial superiority of the German Volk were combined with his belief in the necessity to settle the Jewish problem. These ideological and economic beliefs provided a fertile ground for Hitler’s followers.

But it was German military doctrine, especially its anti-partisan doctrine and plans for total warfare which allowed Hitler to realize so many of his goals. Without the Army’s support and compliance Hitler could never have succeeded. The post-war and early Cold War myth that the German military had no knowledge of and were not involved in the Holocaust committed against the Jews and others has been shattered as more and more records, correspondence, and testimony emerge.

It is now quite clear that many officers in the Wehrmacht were in agreement with Hitler’s ideology of racial war, including men who have been idolized by military historians and history buffs who marvel at their planning skills and operational precision, but ignore the uncomfortable truth that many either participated in or meekly acquiesced to Hitler’s agenda.

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Alfred Jodl

These men, like so many in Germany were products of their culture. They were immersed in cultural prejudices against Jews and Slavs. When we examine the long traditions of racist ideology, coupled with military doctrine, the “Prussian and in later German military must be regarded as a significant part of the ideological background of the Second World War.189 General Walther Von Reichenau’s orders to his troops at the beginning of Operation Barbarossa are revealing in this regard, “The most important goal of the campaign against Jewish-Bolshevism is the complete destruction of its grip on power and the elimination of the Asian influence from our European cultural sphere.” 190 Reichenau’s superior, Field Marshal Gerd Von Rundstedt appeared to agree with von Reichenau’s orders, but wanted to keep the hands of the Army clean of the actual dirty work of the mass killings. Rundstedt had no problem with the “use the partisan threat as excuse for persecuting Jews, so long as the dirty work was largely left to SS Einsatzgruppen.” 191

On the whole the Army command…on the whole acquiesced in the extermination of the Jews, or at least closed its eyes to what was happening.” 192 This is absolutely true, but that being said, and as guilty as many of the Generals were, there are factors involved that if are honest might have influenced us to make the same choices as them if we stood in their shoes. This is not an excuse, it is reality and it is borne out by history. The sad truth is that most people act in accordance with their self-interest, especially their economic well-being and social status. We accommodate evil when it serves our needs, especially if we do not actually have to do the dirty work. Their actions show the truth of Primo Levi’s comment “Monsters exist, but they are too few in number to be truly dangerous. More dangerous are the common men, the functionaries ready to believe and to act without asking questions.”

Die feierliche Vereidigung der Reichswehr auf den neuen Reichspräsidenten Adolf Hitler auf dem Kasernenhof der Wachtruppe in Berlin 1934 Offiziere und Mannschaften leisten den feierlichen Eid durcherheben der rechten Hand. Die Reichswehr trägt Trauerflor für den verstorbenen Reichspräsidenten.

Officers and men of the Reichswehr take the Oath to Hitler in 1934 following the death of President Hindenburg

Had the Generals had been more forceful in their opposition, they would have most likely been opposed by the highly Nazified youth that made up the bulk of their Army, especially many of the junior officers, NCOs and enlisted men. Likewise there was the matter of their oath and this is something that many Americans do not understand. During the Kaiser Reich German officers swore an oath to the Kaiser, during Weimar that was changed to the Constitution, when Hitler took power and assumed both the Presidency and Chancellorship following the death of President von Hindenburg, the officer corps swore a new oath, that to Hitler as President and Chancellor. While many saw the danger, almost all officers took the oath, in a sense it was a throwback to the old way of doing things in the Kaiser Reich, and most officers hated the Republic. To them the oath embodied their honor, to break it was to dishonor themselves and their family. When war came it became more than that, to break the oath was considered treason. General Alfred Jodl told American Army psychologist Gustave Gilbert at Nuremberg that “In war the moral pressure of obedience and the stigma of high treason are pretty hard to get around.” 193

Jodl’s superior Keitel stated his helplessness before Hitler saying to Gilbert “What could I do? There were only 3 possibilities: (a) refusal to follow orders, which naturally meant death; (b) resign my post, or (c) commit suicide. I was on the point of resigning my post 3 times, but Hitler made it clear that he considered my resignation in time of war the same as desertion. What could I do?” 194 This was obviously an after the fact excuse by Keitel who had been present in Hitler’s headquarters since the beginning and had witnessed the explosive General Heinz Guderian explode in rage against Hitler in 1945. Following that violent outburst in which Guderian and Hitler engaged in a lengthy heated argument in which those present thought would come to blows and the enraged dictator and general shouted at each other and were held back from contact by others in the conference room. Instead of arrest or imprisonment Hitler ordered Guderian to take extended sick leave and never accosted him afterwards.

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Reinhard Heydrich

Himmler, Heydrich, Eichmann and other SS leaders fanatically executed Hitler’s policies and were aided by the civil administration, including the leaders of the Reichsbank, and the proponents of long term economic plans. Genocide was to bring the Reich “long term economic gains and trading advantages” and was seen as a way of “financing the war debt without burdening the German taxpayer.” 195

The willing participation of Army commanders is hard to get around. Otto Ohlendorf, commander of Einsatzgruppe D testified at the Einsatzgruppe Trial that Einsatzgruppen reported all of their tasks to the army commanders, and that together, they and the army agreed on the time, place, and possible support of the troops for any particular “liquidation action[s].” 196

Some individuals did attempt to resist the most brutal aspects of the Nazi campaign against the Jews, but few had the fortitude to make more than half-hearted attempts. Wilhelm Kube, the Reichskommissar for White Russia, himself a fanatical Nazi and a virulent anti-Semite was shocked at the mass murders of the Jews taking place in his region. He called them “unworthy of the German cause and damaging to the German reputation.” During his administration Kube would later attempt to spare Jews by employing skilled Jews in war industries, however, Kube’s efforts were “defeated by Himmler’s zealots.” 197

Army officers who objected to the killing of Jews, like Blaskowitz and Külcher in Poland were relieved of command or were reassigned. Others like Field Marshal Ritter von Leeb took their protests to Hitler. Such protests were readily dismissed and those who made them usually took no further action. Leeb was told by Hitler to “in so many words told to mind his own business.” Leeb later stated, “the only thing to do is to hold oneself at a distance.” 198 Field Marshall Erwin Rommel, who had burned the notorious Commando Order in front of his staff in North Africa could not bring himself to believe that Hitler was to blame. While commanding Army Group B in France Rommel heard of the crimes being committed against the Jews and others through information provided by Blaskowitz, and members of his own staff who had served in Russia. But Rommel, who became part of the plot of overthrow Hitler, was then still in the thrall of the Fuhrer and blamed the crimes “on Hitler’s subordinates, not Hitler himself.” 199

Of the men mentioned in this article who survived the war, only four, Wilhelm Keitel, Alfred Jodl, Otto Ohlendorf and Adolf Eichmann paid for their crimes with their lives Keitel and Jodl were found guilty in the major War Crimes Trials at Nuremberg. Ohlendorf at the Einsatzgruppen trial, while Eichmann was caught by the Israelis, tried, convicted and put to death in 1962. Blaskowitz committed suicide while being tried with thirteen other generals during the final Nuremberg trial, that of the generals. Of those eleven were convicted and none served out their full sentence.

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Hitler with Jodl

Hitler’s ideology permeated German military campaigns and administration of the areas conquered by his armies. No branch of the German military, police or civil administration in occupied Poland or Russia was exempt guiltless in the crimes committed by the Nazi regime. It is a chilling warning of the consequences awaiting any nation that allows it to become caught up in hate-filled political, racial or even religious ideologies which dehumanizes opponents and of the tragedy that awaits them and the world. In Germany the internal and external checks that govern the moral behavior of the nation and individuals failed. Caught up in the Nazi system, the Germans, especially the police and military abandoned the norms of international law, morality and decency, banally committing crimes which still reverberate today and which were seen in the ethnic cleansing actions in the former Yugoslavia, and now throughout much of the Middle East.

In light of the fact that there is a growing food shortage in the world which will only get worse due to a factors including the global rise in population, the shrinking of the amount land which can be farmed due to climate change.  There are many other factors as well which could such a situation could bring about another Holocaust.  In such a case leaders will decide that the lands and resources of less developed people are theirs for the taking in order to maintain the standards of living of their people, and that the indigenous people who they will victimize are less than human and thus have no rights. The terminology used by them will be very neutral and full of euphemisms which will allow many people to maintain the illusion that any evil carried out is for the good. Politicians, pundits and preachers will talk of problems, and of solutions, and in trying to find a resolution yearn for a conclusive solution, a final solution.

arbiet macht frei

I return to the quote from the movie Judgment at Nuremberg which I included in the first section of this article because it is worth repeating and all too true:

“Janning, to be sure, is a tragic figure. We believe he loathed the evil he did. But compassion for the present torture of his soul must not beget forgetfulness of the torture and the death of millions by the Government of which he was a part. Janning’s record and his fate illuminate the most shattering truth that has emerged from this trial: If he and all of the other defendants had been degraded perverts, if all of the leaders of the Third Reich had been sadistic monsters and maniacs, then these events would have no more moral significance than an earthquake, or any other natural catastrophe. But this trial has shown that under a national crisis, ordinary – even able and extraordinary – men can delude themselves into the commission of crimes so vast and heinous that they beggar the imagination….”

That quote might be applied to many of the people who participated in this genocide. Sadly, the fact is that in truth we are not really all that much different than the victims, the perpetrators and the bystanders who lived and died in the Holocaust, and similarly every other act of genocide.

History serves as a guide and a warning. We must always be alert and we must always when the truly difficult times come, in the midst of crisis, not to take the easy path and denude ourselves into the commission of such crimes.

Notes

187 Ibid. Bracher. The German Dictatorship p.430

188 Ibid. Megargee War of Annihilation p.65

189 Ibid. Wette. The Wehrmacht p.293

190 Ibid. Wette. The Wehrmacht p.97

191 Messenger, Charles. The Last Prussian A Biography of Field Marshal Gerd Von Rundstedt 1875-1953 Brassey’s London, 1991 p148

192 Ibid. Bracher The German Dictatorship pp.430-431

193 Gilbert, Gustave Nuremberg Diary DaCapo Press 1995 copyright G.M. Gilbert 1947 p.290

194 Ibid. Gilbert p.26

195 Ibid. Aly and Heim Architects of Annihilation p.242

196 Ibid. Hebert p.92

197 Ibid. Padfield Himmler pp.341-342

198 Ibid. Megargee War of Annihilation p.97

199 Fraser, David. Knight’s Cross: A Life of Field Marshal Erwin Rommel Harper Perennial, New York 1995, first published by Harper Collins in Britain, 1993. p.536

Bibliography for the series

Aly, Gotz and Heim, Susanne. Architects of Annihilation: Auschwitz and the Logic of Destruction Phoenix Paperbacks, London, 2003, originally published as Vordenker der Vernichtung, Hoffman und Campe, Germany 1991, English translation by Allan Blunden. First published in Great Britain Weidenfeld & Nicholson, London, 2002

Arendt, Hannah, Eichmann in Jerusalem: A Report on the Banality of Evil. Revised and Enlarged Edition. Penguin Books, Harmondsworth, England and New York, NY 1965. Originally published by Viking Press, New York, NY 1963

Blood, Philip. Hitler’s Bandit Hunters: The SS and the Occupation of Europe. Potomoac Books Inc. Washington, DC 2008

Bracher, Karl Dietrich. The German Dictatorship: The Origins, Structure, and Effects of National Socialism. Translated by Jean Steinberg, Holt Rinehart and Winston, New York, NY 1979. Originally Published under the title Die Deutsche Diktatur: Entstehung, Struktur,Folgen des Nationalsocialismus. Verlag Kiepenheuer & Witsch. Koln and Berlin, 1969

Browning, Christopher R. Ordinary Men: Reserve Police Battalion 101 and the Final Solution in Poland. Harper Perennial Books, New York, New York 1993 reissued 1996.

Burleigh, Michael and Wippermann, Wolfgang. The Racial State: Germany 1933-1945 Cambridge University Press, New York NY and Cambridge UK 1991

Condell, Bruce and Zabecki, David T. Editors. On the German Art of War: Truppenführung , Lynn Rienner Publishers, Boulder CO and London 2001

Craig, Gordon A. The Politics of the Prussian Army 1640-1945. Oxford University Press, London and New York, 1955

Davidowicz, Lucy S. The War Against the Jews 1933-1945 Bantam Books, New York, NY 1986.

Di Nardo, Richard L. Germany and the Axis Powers: From Coalition to Collapse. University Press of Kansas, Lawrence, KS. 2005

Erickson, John. The Road to Berlin. Cassel Military Paperbacks, London, 2003. First Published by Weidenfeld and Nicholson, 1983

Evans, Richard J. The Coming of the Third Reich Penguin Books, New York 2004. First published by Allen Lane 2003

Evans, Richard J. The Third Reich in Power 1933-1939. Penguin Press, New York, NY 2005

Ferguson, Niall. The War of the Worlds: Twentieth Century Conflict and the Descent of the West.

The Penguin Press, New York, 2006

Fest, Joachim, Hitler. Translated by Richard and Clara Winston. Harcourt Brace Jovanovich Publishers, San Diego, New York, London, 1974. German Edition by Verlag Ullstein 1973

Fraser, David. Knight’s Cross: A Life of Field Marshal Erwin Rommel Harper Perennial, New York 1995, first published by Harper Collins in Britain, 1993

Friedlander, Saul Nazi Germany and the Jews 1939-1945: The Years of Extermination. Harper Perennial, New York, NY 2007

Fritz, Stephen G. Frontsoldaten: The German Soldier in World War II. The University Press of Kentucky, Lexington, KY 1995

Geyer, Michael. German Strategy 1914-1945 in Makers of Modern Strategy from Machiavelli to the Nuclear Age. Peter Paret, editor. Princeton University Press, Princeton NJ. 198

Gilbert, Gustave Nuremberg Diary DaCapo Press 1995 copyright G.M. Gilbert 1947

Giziowski, Richard. The Enigma of General Blaskowitz. Hppocrene Books, New York 1997

Glantz, David M. and House, Jonathan. When Titans Clashed: How the Red Army Stopped Hitler. University Press of Kansas, Lawrence, KS. 1995

Goerlitz, Walter. History of the German General Staff.” Translated by Brian Battershaw, Westview Press, Boulder and London, 1985. Originally published as Die Deutsche Generalstab Verlag der Frankfurter Hefte, Frankfurt am Main, 1953

Goerlitz, Walter. The Memiors of Field Marshal Wilhelm Keitel: Chief of the German High Command 1938-1945. Translated by David Irving. Cooper Square Press 2000, First English Edition 1966 William Kimber and Company Ltd. German edition published by Musterschmnidt- Verlad, Gottigen 1961.

Hebert, Valerie Genevieve, Hitler’s Generals on Trial: The Last War Crimes Tribunal at Nuremberg University of Kansas Press, Lawrence Kansas 2010

Hitler, Adolf Mein Kampf translated by Ralph Manheim. Mariner Books, Houghton Mifflin Company, New York, NY 1999. Houghton Mifflin Company 1943, copyright renewed 1971. Originally published in Germany by Verlag Frz. Eher Nachf. GmbH 1925

Höhne, Heinze. Canaris: Hitler’s Master Spy. Traslated by J. Maxwell Brownjohn. Cooper Square Press, New York 1999. Originally published by C. Bertelsmann Verlag Gmbh, Munich 1976, first English edition by Doubleday and Company 1979

Höhne, Heinze. The Order of the Death’s Head: The Story of Hitler’s SS. Translated by Richard Barry. Penguin Books, New York and London, 2000. First English edition published by Martin Secker and Warburg Ltd. London 1969. Originally published as Der Orden unter dem Totenkopf, Verlag Der Spiegel, Hamburg 1966.

Hughes, Daniel J. editor. Moltke on the Art of War: Selected Writings, translated by Harry Bell and Daniel J Hughes. Presidio Press, Novato CA 1993

Liddell-Hart, B.H. The German Generals Talk. Quill Publishing, New York, NY. 1979. Copyright 1948 by B.H. Liddell-Hart

Lieber, Franz Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, LL.D., Originally Issued as General Orders No. 100, Adjutant General’s Office, 1863, Washington 1898: Government Printing Office. Retrieved from http://avalon.law.yale.edu/19th_century/lieber.asp 6 May 2014

Lindqvist, Sven Exterminate All the Brutes: One Man’s Oddessy into the Heart of Darkness and the Origins of European Genocide Translated from the Swedish by Joan Tate, The New Press , New York and London 1992

Macksey, Kenneth. Why the Germans Lose at War: The Myth of German Military Superiority. Barnes and Noble Books, New York 2006, originally published by Greenhill Books, 1996

Manstein, Erich von. Forward by B.H. Liddle Hart, Introduction by Martin Blumenson. Lost victories: The War Memoirs of Hitler’s Most Brilliant General. Zenith Press, St Paul MN 2004. First Published 1955 as Verlorene Siege, English Translation 1958 by Methuen Company

Shirer, William L. The Rise and Fall of the Third Reich. A Touchstone Book published by Simon and Schuster, 1981, Copyright 1959 and 1960

Megargee, Geoffrey P. War of Annihilation: Combat and Genocide on the Eastern Front 1941.Bowman and Littlefield Publishers Inc. Lanham, Boulder, New York. 2007

Messinger, Charles, The Last Prussian: A Biography of Field Marshal Gerd Von Rundstedt 1875-1953 Brassey’s (UK) London England 1991

Newton, Steven H. Hitler’s Commander: Field Marshal Walter Model-Hitler’s Favorite General

DaCapo Press a division of Perseus Books Group, Cambridge MA 2005 Novatny, Alfred. The Good Soldier. The Aberjona Press, Bedford, PA 2003 Padfield, Peter. Himmler. MJF Books, New York. 1990

Reitlinger, Gerald. The SS: Alibi of a Nation. The Viking Press, New York, 1957. Republished by Da Capo Press, New York, NY.

Rhodes, Richard. Masters of Death: The SS Einsatzgruppen and the Invention of the Holocaust.

Vintage Books a division of Random House, New York, NY 2002

Shepherd, Ben. War in the Wild East: The German Army and Soviet Partisans. Harvard University Press, Cambridge, MA 2004

Sofsky, Wolfgang. The Order of Terror: The Concentration Camp. Translated by William Templer. Princeton University Press. Princeton, NJ 1997. Originally published as Die Ordnung des Terrors: Das Konzentrationslager. S. Fischer Verlag, GmbH, Frankfurt am Main, 1993

Speer, Albert. Inside the Third Reich. Collier Books, a Division of MacMillan Publishers, Inc. New York, NY 1970.

Strachan, Hew. European Armies and the Conduct of War. George, Allen and Unwin, London, UK 1983

Stein, George H. The Waffen SS 1939-1945: Hitler’s Elite Guard at War. Cornell University Press, Ithaca and London, 1966

Stern, Fritz. Gold and Iron: Bismarck, Bleichroder and Building of the German Empire. Vintage Books a division of Random House, New York 1979 First published by Alfred a Knopf 1977

Sydnor, Charles W. Soldiers of Destruction: The SS Death’s Head Division, 1933-1945. Princeton University Press, Princeton, NY 1977

Taylor, Fred, Editor and Translator. The Goebbels Diaries 1939-1941, Penguin Books Ltd, Harmondsworth UK and New York NY 1984.

Tooze, Adam. The Wages of Destruction Penguin Books, New York, NY, 2008. First Published by Allen Lane Books, Penguin Group, London UK, 2006

Trevor-Roper, H.R. Hitler’s Table Talk 1941-1944 with an introduction by Gerhard L Weinberg, Translated by Norman Cameron and R.H. Stevens, Enigma Books, New York, NY 2000. Originally published in Great Britain by Weidenfeld & Nicholoson, London 1953.

Warlimont, Walter. Inside Hitler’s Headquarters 1939-45. Translated by R.H. Berry, Presido Press, Novato CA, 1964.

Weinberg, Gerhard L. Germany Hitler and World War II . Cambridge University Press, New York, NY 1995

Weinberg, Gerhard L. Ed. Hitler’s Second Book: The Unpublished Sequel to Mein Kampf by Adolph Hitler. Translated by Krista Smith, Enigma Books, New York, NY 2006. Originally published as Hitlers zweites Buch, Gerhard Weinberg editor, 1961.

Weinberg, Gerhard L. Visions of Victory: The Hopes of Eight World War II Leasers. Cambridge University Press, New York, NY 2005

Westermann, Edward B. Hitler’s Police Battalions: Enforcing Racial War in the East.

University Press of Kansas, Lawrence, KS. 2005

Wette, Wolfram. The Wehrmacht: History, Myth, Reality. Translated by Deborah Lucas Schneider. Harvard University Press, Cambridge, MA 2006. Originally published as Die Wehrmacht: Feindbilder, Vernichtungskreig, Legenden. S. Fischer Verlag, GmbH, Frankfurt am Main, 2002

Wheeler-Bennett, John. The Nemesis of Power: The German Army in Politics 1918-1945. St. Martin’s Press Inc. New York, NY 1954

 

 

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Military & Legal Foundations of Genocide

Friends of Padre Steve’s World

The next installment of my article on war crimes, genocide and the role of ordinary people in them. This focuses on the legal, ideological, and military doctrine foundations of the German race war in Poland and Russia. Without these foundations it would have been difficult, maybe even impossible for the Germans to implement genocide on such a vast scale.

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Wilhelm Keitel: “war was a fight for survival….dispense with outdated and traditional ideas about chivalry and the generally accepted rules of warfare…” Bundesarchiv Bild

This study will focus on the German policy of ideological-racial war in Poland and Russia. The German war against the Soviet Union and to a certain extent Poland was waged with an unforgiving ferocity against Hitler’s enemy, the Jewish-Bolshevik state and the Slavic Untermenschen.

The campaigns in Poland and the Soviet Union were characterized by the rise of a “political- ideological strategy.” 25 Operation “Barbarossa showed the fusion of technocracy and ideology in the context of competitive military planning.” 26 Hitler’s “ideological and grandiose objectives, expressed in racial and semi-mystical terms, made the war absolute.” 27

Field Marshal Keitel noted a speech in March 1941 where Hitler talked about the inevitability of conflict between “diametrically opposed ideologies” and that the “war was a fight for survival and that they dispense with their outdated and traditional ideas about chivalry and the generally accepted rules of warfare.” 28 General Halder, Chief of the OKH in his War Dairy for that meeting noted “Annihilating verdict on Bolshevism…the leaders must demand of themselves the sacrifice of understanding their scruples.” 29

Based on Lebensraum and race, the German approach to war would combine “racism and political ideology” for the purpose of the “conquest of new living space in the east and its ruthless Germanization.” 30 Hitler explained that the “struggle for the hegemony of the world will be decided in favor of Europe by the possession of the Russian space.” 31 Conquered territories would be “Reich protectorates…and that these areas were to be deprived of anything in the nature of a Slav intelligentsia.” 32

This goal was manifest in the “Criminal Order” issued by OKW which stated that the war was “more than mere armed conflict; it is a collision between two different ideologies…The Bolshevist-Jewish intelligentsia must be eliminated….” 33 Other displaced inhabitants of the conquered eastern lands would be killed or allowed to starve. 34 Part of this was due to economic considerations in the Reich, which gave Germans priority in distribution of food, even that from the conquered lands. Starvation was a population control measure that supplemented other forms of annihilation. 35 As Fest notes in Russia Hitler was “seeking nothing but “final solutions.”” 36Despite numerous post-war justifications by various Wehrmacht generals, the “Wehrmacht and army fell into line with Hitler because there was “a substantial measure of agreement of “ideological questions.”” 37

Hitler’s racial ideology was central to his worldview and fundamental to understanding his actions in the war. 38 However twisted Hitler’s ideological formulations were his ideas found acceptance beyond the Nazi faithful to the Army and Police, who would execute the campaigns in Poland and Russia in conjunction with the Einsatzgrüppen and Nazi party organizations. In these organizations he found allies with pre-existing cultural, political and doctrinal understandings which allowed them to be willing participants in Hitler’s grand scheme of eastern conquest.

ss recruiting poster

Military Doctrine and Ideology

While Hitler’s racial ideology was more extreme than many in the German military and police, these organizations had cultural beliefs and prejudices as well as doctrinal and ideological foundations which helped them become willing accomplices to Hitler. These factors were often, consciously or unconsciously, excluded from early histories of World War II. The Allies relied on German officers to write these histories at the beginning of the Cold War, developing the “dual myth of German military brilliance and moral correctness.” 39 British historian and military theorist B.H. Liddell-Hart makes the astounding statement that “one of the surprising features of the Second World War was that German Army in the field on the whole observed the rules of war than it did in 1914-1918-at any rate in fighting its western opponents….” 40

While Liddell-Hart might be excused by lack of knowledge of some German army atrocities he could not have been ignorant. It was not just the SS who he blamed the atrocities but many of the men who he interviewed. In doing this Liddell-Hart and others presented a myth as truth. 41 The myths were helped by the trials of Manstein and Kesselring where “historical truth had to be sacrificed…to the demands of the Cold War.” 42 British military historian Kenneth Macksey confronted the myth that only the “Waffen SS committed barbaric and criminal acts” noting: “Not even the Knights of the Teutonic Order and their followers in the Middle Ages sank to the depths of the anti-Bolshevik Wehrmacht of 1941.” 43

Germany had a long running history of anti-Semitism before Hitler. German anti-Semitism often exhibited a “paranoid fear of the power of the Jews,” 44 and included a “fashionable or acceptable anti-Semitism” 45 which became more pronounced as the conditions of the Jews became better and Jews who had fled to Eastern Europe returned to Germany. 46 Sometimes this was tied to religious attitudes, but more often focused on the belief that the Jews “controlled certain aspects of life” and presented in “pseudo-scientific garb” the “myth of a secret Jewish plot for world domination which was simultaneously part of the internationalism of Freemasonry.” 47

Admiral Wilhelm Canaris provides an example as he “had grown up in the atmosphere of “moderate” anti-Semitism prevailing in the Ruhr middle class and in the Navy believed in the existence of a “Jewish problem”” and would “suggest during 1935-1936 that German Jews should be identified by a Star of David as special category citizens….” 48 Wehrmacht soldiers were “subject to daily doses of propaganda since the 1930s” and that with the “start of the Russian campaign propaganda concerning Jews became more and more aggressive.” 49 Some officers objected to Nazi actions against Jews. Von Manstein protested the “Aryan paragraph” in the Reichswehr on general principal.” 50 Yet some of the men who planned and executed the most heinous crimes like, Adolf Eichmann had “no fanatical anti-Semitism or indoctrination of any kind.” 51

The military “looked to the regime to reshape society in every respect: political, ideological, economic and military…Propaganda would hammer home absolute nature of the struggle…” 52 Ideological training began in the Hitler Youth and Reichsarbeitsdienst and produced a soldier in which “Anti-Semitism, anti-communism, Lebensraum – these central tenants of Nazism were all inextricably linked with the Landser’s conception of duty, with his place and role in the vast machinery of war.” 53

Following the dismissal of General Fritsch in 1938, General Brauchitsch promised Hitler that “he would make every effort to bring the Army closer to the State and the State’s ideology.” 54

Alfred Novotny, a Austrian soldier in the Gross Deutschland division noted how training depicted the Russians as Untermenschen and how they were “subjected to official rantings about how the supposedly insidious, endless influence of the Jews in practically every aspect of the enemy’s endeavors…Jews were portrayed as rats, which were overrunning the world….” 55

anti-jewish poster

This ideological component added to the already “harsh military discipline” which had a long tradition in Germany conditioning soldiers to violence and brutalization of their enemy. Similar programs existed in the Order Police which would play a large part in the eastern campaign, the “image of “treasonous” leftists and Jews helped shape the personal and political beliefs of many policemen throughout the interwar period.” 56 Even ordinary police training before the war in German speaking Europe “was brutalizing.” 57 These troops were recipients of an ideological formation which “aimed at shaping the worldview of the police leading to the internalization of belief along National Socialist lines.” 58 Waffen SS soldiers, especially those of the Totenkopf division were subjected to even more systematic political indoctrination on the enemies of National Socialism, the Jews, freemasonry, Bolshevism and the churches. 59

Along with cultural anti-Semitism and the Nazification of German thought in the 1930s, there were aspects of military doctrine which helped prepare the way for the eastern campaign. The most important were the Army’s anti-partisan and rear area security doctrine. The history of security anti-partisan operations dated back to the Prussian Army’s Ettapen, which began in 1813 with the Landwehr’s role in security against looters and others. 60 These units supported and supplied offensive operations from the rear to the combat zone with a secondary mission of countering partisans and preventing disruptions in the rear area. The Ettapen would be reformed and regulated in 1872 following the Franco-Prussian War. 61

The German experience fighting guerrillas and partisans, the francs-tireurs in the Franco- Prussian War, “scarred the Army’s institutional mentality.” 62 Field Marshal Von Moltke the elder was “shattered,” and wrote his brother that “war was now taking on an ever more hate-inspired character.” 63 He was “appalled by improvised armies, irregular elements, and appeals to popular passion, which he described as a “return to barbarism.” 64 He wrote:  “Their gruesome work had to be answered by bloody coercion. Because of this our conduct of the war finally achieved a harshness that we deplored, but which we could not avoid.” 65

The brutal German response to the franc-tireurs found its legal justification in Franz Lieber’s principles for classification of belligerents and non-belligerents, which determined that guerrillas were outlaws or bandits. 66 Leiber’s principles were written for the Federal Army of the United States during the U.S. Civil War. Propagated as General Order 100 and signed by Abraham Lincoln the sections dealing with irregular forces and partisans dealt with this in section IV of that code:

Article 82 stated: “Men, or squads of men, who commit hostilities, whether by fighting, or inroads for destruction or plunder, or by raids of any kind, without commission, without being part and portion of the organized hostile army, and without sharing continuously in the war, but who do so with intermitting returns to their homes and avocations, or with the occasional assumption of the semblance of peaceful pursuits, divesting themselves of the character or appearance of soldiers – such men, or squads of men, are not public enemies, and, therefore, if captured, are not entitled to the privileges of prisoners of war, but shall be treated summarily as highway robbers or pirates.”

Article 84 stated: “Armed prowlers, by whatever names they may be called, or persons of the enemy’s territory, who steal within the lines of the hostile army for the purpose of robbing, killing, or of destroying bridges, roads or canals, or of robbing or destroying the mail, or of cutting the telegraph wires, are not entitled to the privileges of the prisoner of war.”

Article 85 stated: “War-rebels are persons within an occupied territory who rise in arms against the occupying or conquering army, or against the authorities established by the same. If captured, they may suffer death, whether they rise singly, in small or large bands, and whether called upon to do so by their own, but expelled, government or not. They are not prisoners of war; nor are they if discovered and secured before their conspiracy has matured to an actual rising or armed violence.” 67

The German Army adapted that code and incorporated it in its doctrine for dealing with partisans. In response to their experience in France during the Franco-Prussian War the Germans systematically reorganized the Ettapen to include railroad and security troops, special military courts, military police, intelligence and non-military police, including the Landespolizei and the Grenzschutzpolizei. 68

The doctrinal response to partisans, or as they would become known in German writings as “bandits,” was that bandits should be encircled and destroyed. This was employed in the Southwest Africa German colonies. The Germans, influenced by the experience in France, “displayed a ferocity surpassing even that of the racially brutalized campaigns of its imperialist peers.” 69

von trotha

Lothar Von Trotha

The campaign against the Herero tribes which resisted the occupation of Namibia from 1904- 1912 utilized encirclement operations, racial cleansing and what would become known as Bandenkämpfung operations. 70 In 1904 the Herero were banished from their lands which were handed over to German settlers. When the Herero resisted Von Trotha ordered that they be exterminated. “Every Herero found within German borders with or without weapons, was to be shot. But most of them died without violence. The Germans simply drove them out into the desert and sealed off the border.” 71

20030228_Herero

Of about 80,000 Herero some 60,000 died in the desert, a few thousand survived to be “sentenced to hard labor in German concentration camps.” 72 Despite praise from some in the General Staff the brutality shocked many Germans and General Alfred Von Schielffen who had to defend himself from the “accusations that he had harmed the good name of the army” ensured that “Trotha never served in the field again.” 73 Despite this the application of such Bandenkämpfung operations found their way into German military doctrine.

This was further developed in the First World War, especially in the east where General Fritz Gempp described the security problem as a “ruthless struggle” in which German pacification policy “was in reality the application of terror to galvanize the population into accepting German rule.” 74Anti-partisan doctrine was codified in the Truppenführung of 1933 which stated that “area defense against partisan warfare is the mission of all units” and that the preferred method of combating partisan bands was that they be surrounded and destroyed. 75 General Erhard Rauss later described active and passive measures used to deal with partisans, focusing on the tactic of encirclement to destroy the enemy. 76

The accounts of the German General Staff praised Von Trotha’s operation. “The month long sealing of desert areas, carried out with iron severity, completed the work of annihilation…the sentence had been carried out” and “the Hereros had ceased to exist as an independent people.” 77

Anti-partisan doctrine focused on the destruction of the partisans, was coupled a total war philosophy and provided fit well with Hitler’s radical ideology. The “propensity for brutality in anti-guerrilla warfare was complimented by officers’ growing preoccupation, both during and after World War I, with the mastery and application of violence.” 78 Michael Geyer notes: “ideological mobilization for the creation of a new national and international order increasingly defined the parameters of technocratic planning.” 79 The acceptance of long used brutal tactics to destroy the enemy combined with Hitler’s radical racial animus against the Jews could only be expected to create a maelstrom in which all international legal and moral standards would be breached.

To be continued…

Notes

25 Geyer, Michael. German Strategy 1914-1945 in Makers of Modern Strategy from Machiavelli to the Nuclear Age.

Peter Paret, editor. Princeton University Press, Princeton NJ. 1986. p.582

26 Ibid. Geyer. German Strategy p.587

27 Strachan, Hew. European Armies and the Conduct of War. George, Allen and Unwin, London, UK 1983 p.174

28 Goerlitz, Walter. The Memoirs of Field Marshal Wilhelm Keitel: Chief of the German High Command 1938- 1945. Translated by David Irving. Cooper Square Press 2000, First English Edition 1966 William Kimber and Company Ltd. German edition published by Musterschmnidt-Verlad, Gottigen 1961 p. 135

29 Ibid. Fest, Hitler. p. 649

30 Ibid. Megargee, War of Annihilation p.7

31 Trevor-Roper, H.R. Hitler’s Table Talk 1941-1944 with an introduction by Gerhard L Weinberg, Translated by Norman Cameron and R.H. Stevens, Enigma Books, New York, NY 2000. Originally published in Great Britain by

Weidenfeld & Nicholoson, London 1953 p. 27 Goebbels notes a similar theme in his recollection of Hitler’s reasons for destroying Russia a power . See Taylor, Fred, Editor and Translator. The Goebbels Diaries 1939-1941, Penguin Books Ltd, Harmondsworth UK and New York NY 1984 pp. 413-415.

32 Goerlitz, Walter. History of the German General Staff.” Translated by Brian Battershaw, Westview Press, Boulder

and London, 1985. Originally published as Die Deutsche Generalstab Verlag der Frankfurter Hefte, Frankfur am Main, 1953 p.390

33 Warlimont, Walter. Inside Hitler’s Headquarters 1939-45. Translated by R.H. Berry, Presido Press, Novato CA,

1964 p. 150

34 Weinberg, Gerhard L. Visions of Victory: The Hopes of Eight World War II Leasers. Cambridge University Press, New York, NY 2005. p. 24

35 Aly, Gotz and Heim, Susanne. Architects of Annihilation :Auschwitz and the Logic of Destruction Phoenix

Paperbacks, London, 2003, Originally published as Vordenker der Vernichtung, Hoffman und Campe, Germany 1991, English translation by Allan Blunden. First published in Great Britain Weidenfeld & Nicholson, London, 2002 pp. 245-246

36 Ibid. Fest. Hitler p.649

37 Wette, Wolfram. The Wehrmacht: History, Myth, Reality. Translated by Deborah Lucas Schneider. Harvard University Press, Cambridge, MA 2006. Originally published as Die Wehrmacht: Feindbilder, Vernichtungskreig, Legenden. S. Fischer Verlag, GmbH, Frankfurt am Main, 2002 p.93

38 This understanding is different than many historians who as Friedlander notes advocate something like this: “The persecution and extermination of the Jews of Europe was but a secondary consequence of major German policies pursued toward entirely different goals.” See Friedlander p.xvi

39 Ibid. Megargee. War of Annihilation p.xii

40 Liddell-Hart, B.H. The German Generals Talk. Quill Publishing, New York, NY. 1979. Copyright 1948 by B.H. Liddell-Hart p.22

41 It has to be noted that Liddell-Hart published this work in 1948 and was limited in the materials available, his

primary sources being German officers who he viewed with sympathy because he saw them as exponents of his theory of the indirect approach. The time was also around the beginning of the Cold War and the Berlin Blockade when many American and British leaders were trying to end the war crimes trials and bring the West Germans into the new anti-Communist alliance.

42 Ibid. Wette. The Wehrmacht p.224

43 Macksey, Kenneth. Why the Germans Lose at War: The Myth of German Military Superiority. Barnes and Noble Books, New York 2006, originally published by Greenhill Books, 1996. p.139

44 Stern, Fritz. Gold and Iron: Bismarck, Bleichroder and Building of the German Empire. Vintage Books a division of Random House, New York 1979 First published by Alfred a Knopf 1977. p.495

45 Ibid. Stern. Gold and Iron p.494

46 Ibid. Bracher. The German Dictatorship p.34

47 Ibid. Bracher The German Dictatorship pp.34-35

48 Höhne, Heinze. Canaris: Hitler’s Master Spy. Translated by J. Maxwell, Brownjohn. Cooper Square Press,New York 1999. Originally published by C. Bertelsmann Verlag Gmbh, Munich 1976, first English edition by Doubledayand Company 1979 p. 216. Canaris would later protest the Kristalnacht to Keitel (p.334) and become convinced of the crime of the Nazis against the Jews.

49 Ibid. Witte. The Wehrmacht p.98

50 Ibid Witte The Wehrmacht, p.73

51 Arendt, Hannah, Eichmann in Jerusalem: A Report on the Banality of Evil. Revised and Enlarged Edition. Penguin Books, Harmondsworth, England and New York, NY 1965. Originally published by Viking Press, New York, NY 1963 p.26

52 Ibid. Megargee. War of Annihilation p.6

53 Fritz, Stephen G. Frontsoldaten: The German Soldier in World War II. The University Press of Kentucky, Lexington, KY 1995 p.195

54 Craig, Gordon A. The Politics of the Prussian Army 1640-1945. Oxford University Press, London and New York, 1955 p.495

55 Novatny, Alfred. The Good Soldier. The Aberjona Press, Bedford, PA 2003 p.40

56 Westermann, Edward B. Hitler’s Police Battalions: Enforcing Racial War in the East. University Press of Kansas, Lawrence, KS. 2005 p.64 Westermann also notes the preponderance of SA men who entered the Order Police in the 1930s, a factor which helped further the politicization of that organization.

57 Ibid. Rhodes Masters of Death p.23

58 Ibid. Westermann Hitler’s Police Battalions p.103

59 Sydnor, Charles W. Soldiers of Destruction: The SS Death’s Head Division, 1933-1945. Princeton University Press, Princeton, NY 1977 p. 28

60 Shepherd, Ben. War in the Wild East: The German Army and Soviet Partisans. Harvard University Press, Cambridge, MA 2004 p.41

61 Blood, Philip. Hitler’s Bandit Hunters: The SS and the Occupation of Europe. Potomac Books Inc. Washington, DC 2008 p.11

62 Ibid. Shepherd. War in the Wild East p.42

63 Ibid. Goerlitz. History of the German General Staff p.93

64 Rothenburg, Gunther. Moltke, Schieffen, and the Doctrine of Strategic Envelopment in Makers of ModernStrategy from Machiavelli to the Nuclear Age. Peter Paret, editor. Princeton University Press, Princeton NJ. 1986 p.305

65 Hughes, Daniel J. editor. Moltke on the Art of War: Selected Writings, translated by Harry Bell and Daniel J Hughes. Presidio Press, Novato CA 1993. p.32

66 Ibid. Blood Hitler’s Bandit Hunters p.6 Lieber was a Prussian emigrant to the US who taught law at Columbia University.

67 Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, LL.D., Originally Issued as General Orders No. 100, Adjutant General’s Office, 1863, Washington 1898: Government Printing Office. Retrieved from http://avalon.law.yale.edu/19th_century/lieber.asp 6 May 2014

68 Ibid. Blood Hitler’s Bandit Hunters pp.12-13

69 Ibid. Shepherd Wild War in the East p.42

70 Ibid. Blood. Hitler’s Bandit Hunters pp.16-19 71 Ibid. Lindqvist Exterminate the Brutes p.149 72 Ibid. Lindqvist Exterminate the Brutes p.149 73 Ibid. Blood. Hitler’s Bandit Hunters p.19

74 Ibid. Blood. Hitler’s Bandit Hunters p.22

75 Condell, Bruce and Zabecki, David T. Editors. On the German Art of War: Truppenführung, Lynn Rienner Publishers, Boulder CO and London 2001. p.172

76 Tsouras, Peter G. Editor, Fighting in Hell: The German Ordeal on the Eastern Front The Ballantine Publishing

Group, New York, 1998. First published 1995 by Greenhill Books pp. 142-146. It is interesting to note that Rauss does not describe any actual anti-partisan operation

77 Ibid. Lindqvist. P.149

78 Ibid. Shepherd. War in the Wild East p.45

79 Ibid. Geyer. German Strategy p.584

 

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Filed under History, laws and legislation, Military, Political Commentary, world war two in europe

When Political Parties Implode: The Battle over the Lecompton Constitution and its Relevance Today

Friends of Padre Steve’s World

I have been watching the implosion of the Republican Party with some concern, not because I am a Republican or support that party, but because I am a historian and understand that the effects of these kinds of crack ups are not just bad for the party concerned, but often for the country, because they reveal deeper social and political issues. As I watch this I am reminded of the crisis and battle regarding the Lecompton Constitution in 1858. Since the article deals with this in some detail I will cut to the bottom line. In 1858 the Democratic Party held majorities in both houses of Congress and the Presidency. It had been aided by the collapse of the Whig Party and the new republican Party was still in its infancy. But extremists Democrats sought to push through a measure to bring Kansas into the Union as a Slave State, though the measure was rife with fraud. It split the Democratic Party and for a time destroyed it as a national party and helped bring about the Civil War. The battle over the Lecompton constitution is an epic event in our history. 

The issues today are not the same by any means, but the rhetoric and the intransigence of the most zealous ideologues is destroying the Republican Party in much the same way other ideologues destroyed the Democratic Party in 1858.  I admit that I could be wrong, but everything that I see happening is pointing to the implosion and possible breakup of the Republican Party. This may be good for Democrats in the short term, but seldom is it good for the country. But whatever your political views are, I do hope that you read this article and think about the implications of it, and of what is happening in our country today.

Peace

Padre Steve+

Stephen-Douglas-in-1858

Senator Stephen Douglas in 1858

Kansas was politically divided between two competing legislatures, each which claimed to be the voice of the people. The population of Kansas was heavily anti-slavery and many citizens felt disenfranchised by the official legislature, which was “a pro-slavery body elected by fraud in 1855.” [1] This body met in the city of Lecompton. In 1857 the Lecompton legislature sensed the opportunity to have Kansas admitted to the Union as a Slave State. It elected slavery supporters as members of a constitutional convention to draft a constitution which would be submitted to Congress for admission to the Union as a Slave State.

Free State partisans feared that that if they participated in the election that they would be “gerrymandered, and simply counted out by stuffed ballots,” and sat out the election. As a result it was “a quiet election, with many proslavery candidates unopposed and only 2,200 out of 9,000 registered voters going to the polls, a large majority of extreme proslavery men won election as delegates to the constitutional convention in September.” [2] But the result of the election was untenable, for “Two thousand voters in a territory with 24,000 eligible for the franchise had elected a body of delegates whom no one seriously regarded as representative of the majority opinion in Kansas.” [3]

The Lecompton legislature passed the proslavery constitution, but it was vetoed by the outgoing governor, John W. Geary. Geary accused “the pro-slavery legislature of attempting to stampede a rush to statehood on pro-slavery terms,” but his veto was overridden. The constitution had several provisions that most of the population found unacceptable. It protected owners of “the 200 slaves in Kansas, banned free blacks from the state, and prohibited any amendments to the constitution for seven years.” [4] The newly appointed governor of the territory, Robert J. Walker opposed the measure and denounced it “as a vile fraud, a bare counterfeit.” [5] Walker demanded a new, fair, referendum, which the newly elected president James Buchanan, also backed. In response many Southerners in Congress “threatened to secede unless the administration fired Walker and backed down on the referendum issue.” [6] The threat of secession by Southerners in support of the radical minority in Lecompton led to chaos in the Democratic Party which controlled the House, the Senate and held the Presidency.

james-buchanan

President James Buchanan

James Buchanan, who had rode into office on the votes of the South was now pressured by Southern legislators to change his position on the Lecompton Constitution. Buchannan’s cabinet, which was heavily Southern, and pro-slavery expansion also used its influence to pressure the president. In response to the pressure, Buchanan reversed his previous stance in regard to Kansas and endorsed the bill. This provoked a new outcry, this time from members of the Democratic Party. Many Northern Democrats were outraged by the reversal and the threats of secession. Most of the Northern Democrats were willing to accept and even defend slavery where it existed, but they were opposed to the expansion of slavery. They felt betrayed by their president’s actions and rose in opposition to the bill that would admit Kansas as a Slave State.

The formidable Stephen A. Douglas, the Little Giant who had so skillfully crafted the Compromise of 1850 using the principle of popular sovereignty, led these Democrats in their fight against Buchanan’s acceptance and endorsement of Lecompton. Douglas’s previous actions to support the rights of Slave States had made him a hero in much of the South and his stature in both the North and the South made him the front runner to win the Democratic nomination for the presidency in 1860.

But Douglas, who had worked so hard to build compromises that would hold the Union together could not countenance the actions and tactics of the Southern members of his party. Douglas was a political realist and not an ideologue. He was very sympathetic to slave holders and no supporter of emancipation, in fact Douglas was a racist, and was convinced “of the inferiority of the Negro, and he had a habit of stating it with brutal bluntness, “I do not believe that the Negro is any kin of mine at all…. I believe that this government of ours was founded, and wisely founded upon white basis. It was made by white men, for the benefit of white men and their posterity, to be executed and managed by white men.” [7] But despite his own beliefs Douglas understood the danger that the pro-slavery extremists supporting Lecompton were to the party, and he knew that if the bill was passed that it would destroy the unity of the Democratic Party and possibly the Union itself.

Douglas was outraged and when he saw the news that in the Washington Union that Buchanan had decided to support Lecompton he wrote:

“This left no doubt were the old bastard stood. “Can you believe his Goddamned arrogance?” I told a friend. “I run the Committee on Territories. He should have consulted me before approving the Lecompton fraud. He’ll pay for that. By God, sir, I made Mr. James Buchanan, and by God, sir, I’ll unmake him.” [8]

As such, the Little Giant threw caution to the wind and stormed to the White House “to confront Buchanan on the “trickery and juggling of the Lecompton constitution.” He warned the president of that his actions in support of the Lecompton party would “destroy the Democratic party in the North,” and we warned that “if Buchanan insisted on going through with it, Douglas swore to oppose him in Congress.” [9]

It was an epic confrontation. Douglas recalled, “The Lecompton constitution, I told Buchanan bluntly, was a blatant fraud on the people of Kansas and the process of democracy, I warned him not to recommend acceptance of it. With his head titled forward in that bizarre habit of his, he said that he intended to endorse the constitution and send it to Congress. “If you do,” I thundered, “I’ll denounce it the moment that it is read.” His face turned red with anger. “I’ll make Lecompton a party test,” he said. “I expect every democratic Senator to support it.” I will not, sir![10] Buchanan then cut Douglas off.

Angry and offended by Douglas Buchanan issued his own threat to Douglas saying, “I desire you to remember that no Democrat ever yet differed from an administration of his own choice without being crushed….Beware of the fate of Tallmadge and Rives,” two senators who had gone into political oblivion after crossing Andrew Jackson.” Douglas was undeterred and fought back, Douglas riposted: “Mr. President, I wish to remind you that General Jackson is dead, sir.” [11] It was an unprecedented action by a sitting Senator, to confront a President of one’s own party and threaten to oppose him in Congress was not done.

Following the confrontation with Buchanan Douglas was even more determined to defeat the Lecompton party. In righteous anger Douglas “took his political life into his own hands and assailed the Lecompton Constitution on the floor of the Senate as a mockery of the popular sovereignty principle.” [12] Buchanan’s allies in Congress fought back, and the two sides sometimes came into physical confrontation with each other in the chambers of Congress. When Buchanan’s supporters pushed for Lecompton’s approval and the admission of Kansas as a Slave State, Douglas fired back, warning “You do,” I said, “and it will lead directly to civil war!” I warned the anti-Lecompton Democrats of the North that the President intended to put the knife to the throat of every man who dared to think for himself on this question and carry out principles in good faith. “God forbid,” I said “that I ever surrender my right to differ from a President of the United States for my own choice. I am not a tool of any President!” [13]

Under Douglas the Northern Democrats joined with Republicans for the first time to defeat the admission of Kansas as a Slave State. Douglas recalled the battle:

“After the Christmas recess, the Administration unleashed its heavy horsemen: Davis, Slidell, Hunter, Toombs, and Hammond, all southerners. They damned me as a traitor and demanded that I be stripped of my chairmanship of the Committee on Territories and read out of the Democratic party. Let the fucking bastards threaten, proscribe, and do their worst, I told my followers; it would not cause any honest man to falter. If my course divided the Democratic party, it would not be my fault. We were engaged in a great struggle for principle, I said, and we would defy the Administration to the bitter end.” [14]

Southern members of Congress fought back and as the battle continued their acrimony towards Douglas grew and their rhetoric against the Little Giant became more heated. He was “at the head of the Black column…stained with the dishonor of treachery without parallel…patent double dealing…detestable heresies…filth of his defiant recreancy…a Dead Cock in the Pit…away with him to the tomb which he is digging for his political corpse.” [15]

But Douglas was undeterred by the threats to his career, he saw that he was in the right, and though he was in agreement with the philosophy of his opponents regarding slavery as an institution he realized that appeasing the South was not an option in regard to Lecompton. He wrote:

“My forces in the House fought a brilliant delaying action while I worked to win over wavering Democrats. When we introduced a substitute bill, Buchanan called a dozen congressmen to the White House and exhorted them not to forsake the administration. He was cursing and in tears. He had reason to be: on April first, a coalition of ninety-two Republicans, twenty-two anti-Lecompton Democrats, and six Know-Nothings sent Lecompton down to defeat by passing the substitute bill. This bill provided for a popular vote on the Lecompton constitution and for a new convention if the people rejected that document, as they surely would.” [16]

The substitute bill was passed by the Senate as well and sent back to Kansas for a popular vote. When the Lecompton Constitution was resubmitted to the people of Kansas, “to the hideous embarrassment of Buchanan, the voters of Kansas turned on August 30th and rejected Lecompton by a vote of 11,812 to 1,926.” [17] Douglas wroteThe agony is over,” cried one of my aides, “and thank God that the right has triumphed. Poor old Buck! Poor old Buck had just had his face rubbed in shit. By our “indomitable courage, “ as another aide put it, we’d whipped this “powerful and proscriptive” Administration and forced the Black Republicans to support a substitute measure which fully embodied the great principles of the Kansas-Nebraska Act.” [18]

Pro-slavery Southerners were outraged and Buchanan used every measure that he could to crush the anti-Lecompton Democrats, but he had lost “one of the most vicious struggles in the history of Congress, Southern Democrats had seriously damaged the patience of their Northern counterparts, and Buchannan loyalists in the North were unseated wholesale by upstart Republicans in the 1858 congressional elections.” [19] Buchanan’s Presidency was discredited, his party divided, its majority in congress lost, and the South moving closer to secession. Southerners considered Douglas a traitor and accused him of betraying them. “A South Carolinian lamented that “this defection of Douglas has done more than all else to shake my confidence in Northern men on the slavery issue, for I have long regarded him as one of our safest and most reliable friends.” [20]

The fight over Lecompton was a watershed. It served to illuminate how “minuscule minorities’ initial concerns ballooned into unmanageable majoritarian crises. The tiny fraction of Missouri slaveholders who lived near the Kansas border, comprising a tinier fraction of the South and a still tinier fraction of the Union, had demanded their chance to protect the southern hinterlands.” [21] The crisis that they provoked drew in the majority of Southern Democrats who came to their aid in Congress and provoked Northerners to condemn the Southern minority, which they believed was disenfranchising the majority in order to expand slavery to new territories.

The issue of Lecompton galvanized the political parties of the North and split the Democratic Party into Northern and Southern factions, dooming it as a national party for the foreseeable future. It was also the first time that a coalition Northern Democrats sided with anti-slavery forces. Through the efforts of “Republicans and anti-Lecompton Douglas Democrats, Congress had barely turned back a gigantic Slave Power Conspiracy to bend white men’s majoritarianism to slavemaster’s dictatorial needs, first in Kansas, then in Congress.” [22]

The political impact of the Lecompton crisis on the Democratic Party was an unmitigated disaster. The party suffered a major election defeat in the 1858 mid-term elections and lost its majorities, and in a sense fulfilling Lincoln’s words “became increasingly a house divided against itself.” [23] Douglas’s courageous opposition to Lecompton would be chief among the 1860 split in the Democratic Party, Southern Democrats turned with a vengeance on the man who had been their favorite in the 1856 democratic primary. This doomed his candidacy for President and ensured the election of Abraham Lincoln and the Republicans, a man that he had defeated for Senate in that critical summer of 1858.

Notes

[1] Ibid. Guelzo Fateful Lightening p.81

[2] Ibid. Potter The Impending Crisis p.300

[3] Ibid. Potter The Impending Crisis p.314

[4] Ibid. Guelzo Fateful Lightening p.115

[5] Ibid. McPherson The Battle Cry of Freedom p.165

[6] Ibid. McPherson The Battle Cry of Freedom p.164

[7] Ibid. Potter The Impending Crisis p.340

[8] Ibid, Oates The Approaching Fury p.208

[9] Ibid. McPherson The Battle Cry of Freedom p.166

[10] Ibid, Oates The Approaching Fury p.208

[11] Ibid. McPherson The Battle Cry of Freedom p.166

[12] Ibid. Guelzo Fateful Lightening p.115

[13] Ibid, Oates The Approaching Fury p.210

[14] Ibid, Oates The Approaching Fury pp.212-213

[15] Ibid. McPherson The Battle Cry of Freedom p.168

[16] Ibid, Oates The Approaching Fury pp.215-216

[17] Ibid. Guelzo Fateful Lightening p.116

[18] Ibid, Oates The Approaching Fury p.216

[19] Ibid. Guelzo Fateful Lightening p.116

[20] Ibid. McPherson The Battle Cry of Freedom p.167

[21] Ibid. Freehling, The Road to Disunion Volume II: Secessionists Triumphant 1854-1861 p.140

[22] Ibid. Freehling, The Road to Disunion Volume II: Secessionists Triumphant 1854-1861 p.142

[23] Fehrenbacher, Don E. Kansas, Republicanism, and the Crisis of the Union in The Civil War and Reconstruction Documents and Essays Third Edition edited by Michael Perman and Amy Murrell Taylor Wadsworth Cengage Learning Boston MA 2011 p.94

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Separate Ideology & Religion from Sworn Duty: The Legacy of Dr. C. Everett Koop

c-everett-koop-1db591308d7eb474

“At the beginning of the AIDS epidemic many Americans had little sympathy for people with AIDS…. The feeling was that somehow people from certain groups ‘deserved’ their illness. Let us put those feelings behind us. We are fighting a disease, not a people.” C. Everett Koop, Surgeon General 1986

Friends of Padre Steve’s World,

I have mentioned that I have been reflecting on many things over the past few weeks and months. Of course if you follow my writings you know what I think about public officials who refuse to do their duty to follow the law and protect the rights of other citizens, even of those that they happen to disapprove. This came to a head recently with the case of the anti-marriage equity county clerk, Kim Davis. I am not going to revisit her case as I have been worn out by it and have no need to waste any more time on her.

That being said I can point out the case of a public official, a conservative, pro-life, Evangelical Christian who served as Surgeon General under President Reagan, Dr. C. Everett Koop. In an era of extreme intolerance and hatred for those infected with HIV, Dr. Koop became one of the leading proponents of compassionate and responsible care for victims of HIV/AIDS, most of whom were homosexual men. He met opposition within the administration, where despite his impressive credentials he was marginalized and was vilified by conservative Christians.

Dr. James Dobson and Dr. D. James Kennedy, early leaders of the political religious right were particularly vindictive. These unscrupulous leaders helped spread much disinformation about HIV from the a book published by a charlatan named Gene Antonio who wrote what was then a popular book called “The AIDS Cover Up,” They claimed that AIDS could be spread by kissing, mosquito bites or even by touching surfaces that had been touched by those infected. These men were bolstered by their allies in the Reagan White House, Secretary of education Bill Bennett and his assistant Gary Bauer who were the official administration spokesmen regarding AIDS.

They marginalized the Surgeon General; Dr. C. Everett Koop who noted in the early days of the epidemic was “completely cut off from AIDS” by Bennett and others in the Reagan Administration. They were so wrong that Koop, who was by no means a liberal took them to task on their hateful, dishonest and un-Christian proclamations. Koop told a journalist:

“the Christian activity in reference to AIDS of both D. James Kennedy and Jim Dobson is reprehensible. The first time that Kennedy ever made a statement about AIDS, I saw it on television. It was so terrible, so homophobic, so pure Antonio that I wrote him a letter.”

Koop said of Dobson, who he had worked with earlier on HIV/AIDS: “I don’t know what happened to him. He changed his mind, and last August in his paper he attacked me for two pages as leading people down the garden path. But again his arguments were full of holes. I just cannot believe the poor scholarship of so many Christians.”

Despite the opposition and attacks on his character by leaders of the Christian Right, Dr. Koop was undeterred and had no problem taking on these men and women. Some of these supposedly Christian leaders still are with us and spout the same hatred for homosexuals that they did in the 1980s. Dr. Koop realized that many of his fellow Christians really didn’t care about people, and believed that HIV was God’s judgment against people that they already despised and had in their theology condemned to Hell. He also realized that many of these leaders would resort to poor scholarship and even inflammatory statements to influence public opinion.

For doing so Dr. Koop was condemned by fanatical extremists like Phyllis Schlafly who said that Koop’s recommendations in his report about preventing AIDS looked “like it was edited by the Gay Task Force” and Schlafly, ever the loving, honest and ethical Christian that she is accused Koop of advocating that third-graders learn the rules of “safe sodomy.”

Koop replied in a very courageous manner to Schlafly, who in my view is one of the most loathsome people to ever unite religion and politics: “I’m not surgeon general to make Phyllis Schlafly happy. I’m surgeon general to save lives.”

Dr. Koop understood the oath that he took as a physician and the oath that he took when he became Surgeon General; sadly Mrs. Davis and many in the Christian Right will never understand that. In 1988 Dr. Koop said something that most people in positions of any public responsibility, be they public health officials, medical professionals, politicians or even the most partisan political preachers should abide: “I separate ideology, religion and other things from my sworn duty as a health officer in this country.”

Dr. Koop’s words should be heeded by any Christian in public office, but sadly, those who do will be treated with the same scorn and hatred as Dobson, Kennedy, Bauer, and Schlafly heaped on him.

I can understand Dr. Koop’s plight. I have been set upon by some of the disciples of Bauer, Dobson, Schlafly, Kennedy and others for simply defending people’s rights under the Constitution and obeying the oath of office that I took in 1981 and have continued to affirm since. Sadly, the truth is that many so-called Christians will attempt to destroy the lives, reputation and careers of other Christians who do not tow their ideological line, and sadly this has become much worse than it was in the 1980s.

I will write more about this but for now I will wish you a good day.

Peace

Padre Steve+

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For Us or Against Us: The Politics of the Christian Right & the Shutdown

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Friends of Padre Steve’s World,

Once again the United States stands on the verge of another potentially dangerous, and costly government shutdown led by the fanatical religious leaders of a political party. While it appears that a short –term stopgap bill will pass both houses, it will leave the country hanging for the next couple of months with another showdown in December.

Senator Mitch McConnell who the day President Obama took office in 2009 colluded with other GOP leaders to set a policies  to ensure Obama failed as president blamed Democrats for not passing various spending bills offered to by the GOP.  But he failed to note that the authors of the GOP bills, mainly from the Christian Right planted poisoned pills in each of them that ensured Democrat opposition. Truthfully those bills were not offered in good faith and gave Democrats no reason to vote for them. 

When I see this behavior I am reminded of the words of Supreme Court Justice Robert Jackson, who prosecuted the major Nazi War Criminals at Nuremberg; “[I]n our country are evangelists and zealots of many different political, economic and religious persuasions whose fanatical conviction is that all thought is divinely classified into two kinds — that which is their own and that which is false and dangerous.”

The leaders of this unabashedly shameless movement have no problem lying to, or deceiving their followers in order to accomplish their political goals. Sadly, almost all of them come from the supposedly Christian Right, and are determined to destroy the country in order to save it. They use the same kind of tactics used by extremists in other countries throughout history to destroy the political center and turn the government itself into an enemy, until they can take it over and use it for their purposes. Sadly, much of this is coming from a relatively small, but incredibly vocal and politically influential coalition of politically charged conservative Christians. The leaders of this movement have openly stated that their desire is to impose a Christian theocracy on the country, a theocracy where non-Christians, or non-believers of any kind would not have rights as citizens. The have taken up the mantle of the Emperor Constantine, who united the Roman Empire with the Church. George Truett, a great Southern Baptist champion of religious liberty noted:

“Constantine, the Emperor, saw something in the religion of Christ’s people which awakened his interest, and now we see him uniting religion to the state and marching up the marble steps of the Emperor’s palace, with the church robed in purple. Thus and there was begun the most baneful misalliance that ever fettered and cursed a suffering world…. When … Constantine crowned the union of church and state, the church was stamped with the spirit of the Caesars…. The long blighting record of the medieval ages is simply the working out of that idea.”

The late Senator Mark Hatfield, a strong evangelical Christian wrote “As a Christian, there is no other part of the New Right ideology that concerns me more than its self-serving misuse of religious faith. What is at stake here is the very integrity of biblical truth. The New Right, in many cases, is doing nothing less than placing a heretical claim on Christian faith that distorts, confuses, and destroys the opportunity for a biblical understanding of Jesus Christ and of his gospel for millions of people.” 

Since I have written about these supposedly Christian leaders numerous times and quoted them at length I am not going to go back into that; however, I will note the warning of colonial Baptist leader Roger Williams, who founded the Rhode Island Colony after fleeing the Massachusetts Bay Colony over the religious oppression of the Massachusetts Bay Colony, which included killing heretics, conducting witch hunts and trials, and exterminating local Native Americans, especially those who had become Christians.

Williams wanted nothing of this and fled, swimming the Narraganset to reach Rhode Island. He wrote, “An enforced uniformity of religion throughout a nation or civil state, confounds the civil and religious, denies the principles of Christianity and civility, and that Jesus Christ has come in the flesh.”

Another early colonial New England Baptist leader, Isaac Backus wrote, “God has appointed two kinds of government in the world, which are distinct in their nature, and ought never to be confounded together; one of which is called civil, the other ecclesiastical government.”

Both of these men, and those who followed them in the tradition of religious liberty realized the importance of the absolute separation of church and state. Well, the Christian Right now has control of the Republican Party. In their zeal to destroy their political and religious enemies they will also destroy that party. Likewise they will cause great harm to the church and the Christian faith in this country. From Williams and Backus, to John Leland, James Madison and Thomas Jefferson, to George Truett, Robert Jackson, Mark Hatfield and Barry Goldwater; true champions of religious liberty have recognized the danger of what is happening today and fought against it.

But will American Christians be willing to stand against this before liberty is lost, and the Christian faith in this country, destroyed by the fanatics who are leading the charge to shut down the government once again? Sadly, I doubt it. We may yet avoid the shutdown, but until Christians police themselves and the political leaders that they have elected, this will continue until freedom is lost, the country damaged, and the church discredited and destroyed.

The leaders of this movement undermined and destroyed Speaker of the House John Boehner, a conservative pro-life Catholic because he was not extreme enough for them. They are currently working to destroy other conservative Christian leaders in the Republican Party, including Senator McConnell and other conservative Christians who do not completely submit to them. These supposedly Christian leaders who are bringing this about are not conservatives, they are revolutionaries who believe that they are on a mission from God which trumps all else. Barry Goldwater was right about them when he said, the late Senator Barry Goldwater said in 1994, “Mark my word, if and when these preachers get control of the [Republican] party, and they’re sure trying to do so, it’s going to be a terrible damn problem. Frankly, these people frighten me. Politics and governing demand compromise. But these Christians believe they are acting in the name of God, so they can’t and won’t compromise. I know, I’ve tried to deal with them.”

But the leaders of this movement don’t care. In their apocalyptic worldview, it does not matter because they speak for God.  If they cannot win it all then they will leave scorched earth behind. The shutdown of 2013 and their actions this year show us that they would if need be, destroy the country in order to save it. That my friends is a scary thought.

Peace

Padre Steve+

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Do You wish to Resign? Oaths, Star Trek & Kim Davis

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Friends of Padre Steve’s World

We are returning home from Germany and the Oktoberfest today, Lord willing and the creek don’t rise, as they say in Appalachia we should be home tonight. This post too was written and scheduled for publication before the trip. I do promise to write some articles about the trip to Munich, as well as our trips to Salzburg and Nuremberg over the next week or so.

But that being said, I was watching an episode of Star Trek the Next Generation before I we left for our trip to Germany on Thursday night, and there was a remarkable scene that occurred between Captain Jean Luc Picard (Sir Patrick Stewart) and Lieutenant Worf (Michael Dorn).

I think that the scene is especially pertinent in light of the controversy regarding the recalcitrant county clerk of Rowan County, Kentucky, Mrs. Kim Davis and her defiance of her oath of office in regard to issuing marriage licensees to Gay couples. In the episode, Worf avenges the murder of his mate by killing the man who killed her, a man who had also used his position to falsely accuse Worf’s father as and by Klingon law, Worf as traitors.

After Worf kills the man and returns to the Enterprise he claims that he has simply acted according to Klingon tradition. The response does not satisfy Picard who dresses Worf down. Picard notes that while Worf’s actions may be in accord with Klingon tradition that they are not in compliance with the oath that Worf, like all Starfleet officers swore to uphold:

“The High Council would seem to agree; they consider the matter closed. I don’t. Mr. Worf, the Enterprise crew currently includes representatives from thirteen planets. They each have their individual beliefs and values and I respect them all. But they have all chosen to serve Starfleet. If anyone cannot perform his or her duty, because of the demands of their society, they should resign. – Do you wish to resign?”

That is something that I think matters. In a country like the United States, composed of so many people of different races, cultures, ethnic groups, and religions there are bound to be times that the beliefs of certain people come in conflict with the oaths that they swear to the Constitution. In fact I would dare say that at any given time almost any American can find themselves disagreeing with the Constitution, the law and the government. That is something that our founders in their wisdom understood. Sadly, many Americans cannot understand that simple truth and assume that their personal beliefs, religious or otherwise trump the Constitution and any oaths that they have solemnly sworn, often in the name of God.

The fact is that without a respect for one another, and without understanding that we can all have our own beliefs, yet still agree to take oaths to uphold the law and defend the rights of people that we may not agree, that there is no freedom, only anarchy.

Peace

Padre Steve+

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