Last week, the Supreme Court offered two rulings along 6-3 ideological lines that upset many liberals, which I would like to discuss here. In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the court ruled against the affirmative action programs of Harvard and North Carolina, arguing that they discriminated against Asian students. In 303 Creative LLC v. Elenis, the court ruled that a Christian website designer could refuse to design same-sex wedding websites. I empathize with liberals and recognize that liberals deserve to live in states and have institutions that reflect their values. I would like to propose a solution that would give liberals the opportunity to rule parts of America according to their desires without interference from conservatives; we should eliminate the 1964 Civil Rights Act and limit the power of the Fourteenth Amendment so that it does not mean that constitutional rights apply to states.
At first glance, liberals may be horrified by the thought of eliminating the legal foundations of modern civil rights law and suspect that I am trying to bring back segregation. This is not my intention. I honestly want to help liberals on the principle that people should be able to come together to form social and political institutions based on their particular values. By definition, such institutions must discriminate against someone. In the name of intellectual consistency, I am willing to defend the right to freedom of association even for my political opponents and even for those people who intend to use that right to discriminate against me.
Eliminate laws that prohibit the federal government from funding institutions that practice discrimination and Harvard will be able to practice "affirmative action" to its heart's content. There will be no need to find clever workarounds. Harvard will be able to openly put a cap on the number of Asian students they will accept. If Harvard also decides that there are too many Jews, well that was why Brandeis University was created in the first place. To be clear, I do not support any government funding for universities or any kind of education. In fact, it is my hope that allowing universities to engage in discrimination will serve as a valuable step toward abolishing federal funding for education. If my proposal leads to federal funds going to whites-only colleges then hopefully liberals will join me in working to establish a wall between government and education. If they do not then they will be the ones propping up discrimination.
Similarly, the First Amendment should not apply to states. Were it not for an expansionist reading of the Fourteenth Amendment, only Congress would be forbidden from establishing a religion. Liberal states like Colorado should be allowed to establish a tax-payer-funded LGBTQ+ Church, with inquisitors to hunt down and arrest anyone who fails to actively affirm the Sparkle Creed.
It should be understood that while it is possible for there to be a wall separating education and state, there can be no consistent wall between church and state. Religions do not require any beliefs regarding gods or the supernatural. Any group that comes together will be motivated by a set of values and those values will be a religion of some kind. Anyone who says otherwise can be assumed to be attempting to force their values on the rest of society by pretending that their values are not really a religion. I prefer to deal with honest theocrats.
Part of bringing back actual federalism is to recognize that different states are going to operate as different social and political experiments. Different states are going to establish different kinds of religions. It may be that they will also make different judgments about which groups have been oppressed and which groups have been privileged. They will then attempt to make their state more "equitable" by creating affirmative action programs to help those groups deemed to be historically oppressed. Some states might decide to focus on helping Jamaican immigrants while other states might focus on people who fled Red China. Finally, other states might want to help rural Appalachian whites. Those who belong to the wrong religion or to a group deemed to have unfairly benefited from privilege can either continue to live under a dhimmi status or they can emigrate to a state where their god is not a symbol of hate and where their skin color does not mark them as systemic oppressors.
No comments:
Post a Comment