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Tuesday, October 27, 2015

Letter writer doesn’t understand Constitution - By Judith Heilman

Reproduced here for fair use and discussion purposes. My comments in bold.

Richard Holper wrote a letter, and Judith Heilman wrote a response. 

First, Mr. Holper's letter:
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On Tuesday, Oct. 13 I watched and listened carefully to the democratic party presidential primary debate. At one point the moderator asked four of the participants whether the proper question is “do black lives matter” or “do all lives matter.” Interestingly, he did not ask the same question of the leading candidate.

Three of the four candidates who were asked all answered that the proper question is “black lives matter.” The fifth candidate, who was not asked, did not weigh in as she had on most questions, or disagree with the answer of her three colleagues.

One essential fact was ignored by the candidates. That fact is that our Declaration of Independence and Constitution, documents which form the basis for our system of government, provide the proper answer.

The Preamble to the Declaration of Independence and the 19th Amendment to the Constitution state that there are self evident truths that all men and women are created equal, that they are endowed by their creator with certain inalienable rights, and that among these rights are life, liberty and the pursuit of happiness.

It could be argued that, no candidate for the office of president of the United States is qualified to be considered for that office if that candidate does not understand and publically support our basic governing principles. That office requires that the president take an oath to support and defend the Constitution of the United States.

We have grown used to politicians in both major parties saying anything they believe will secure the most votes. It may well be time to disqualify candidates who do so.

In the United States of America, the proper answer is, all lives matter, without regard to race or gender.
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Now Ms. Heilman's response:

Richard Holper’s recent letter to the editor, about the Oct. 13 Democratic debate – “Candidates should know all lives matter” – bemoaned candidates supporting the phrase “black lives matter.”

“Black lives matter” does not mean that black lives matter more than others. What “black lives matter” does mean is that “black lives matter, too.” To reject the phrase in favor of “all lives matter” is to say that one is content with the status quo wherein black lives are expendable or that they, at the very least, matter less than white lives in America. (Ms. Heilman leaps to a conclusion based on the exact opposite of what Mr. Holper wrote. In fact, Mr. Holper's specific point was that all lives matter, not that black lives matter less. 

Mr. Holper did not write defending the "status quo," and he said nothing about certain lives being expendable. Ms. Heilman dishonestly inserts her talking points into Mr. Holper's pen despite his clear and contrary statements for no other reason than to impugn him and further her own narrative.)

Mr. Holper went on to write that “one essential fact was ignored by the candidates. That fact is that our Declaration of Independence and Constitution, documents which form the basis for our system of government, provide the proper answer” (in support of “all lives matter”) and then erroneously explained why.

Holper misquoted the Preamble to the Declaration of Independence and the 19th Amendment to the Constitution – “there are self evident truths that all men and women are created equal…” – however our Constitution actually states, “all men are created equal…” (Mr. Holper did not quote the Declaration and the 19th Amendment, he paraphrased them, and combined them into a single thought.

Also, I would guess that Ms. Heilman should know that the use of the word "men" in literature is inclusive of women.

Last, there is no preamble to the Declaration of Independence. The Constitution has a preamble.)

The Declaration was also written when black people were chattel and considered only 3/5 of a man (as written in our Constitution 11 years later.) (Apparently the superior constitutional knowledge possessed by Ms. Heilman does not include facts about the "3/5 Compromise." She clearly doesn't understand the reason for it, preferring to attribute it to racism. 

For her edification we will explain. Slaves couldn't vote, yet the South wanted them counted for the purposes of representation. Had this occurred, the South would have disproportionate representation in the House of Representatives, and thus more power to fight against freeing the slaves. Thus, the Founders cleverly resisted the spread of slavery by limiting the power of the southern states.)

The 19th Amendment merely gives women the right to vote. (No, it didn't. Let's quote it:
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex.
Do you see anywhere in the amendment that women are being granted the right to vote? No? That's because it doesn't. This amendment did what all amendments do: It further restricted the power of government. 

Read it again. Do you see it now? Previously, government was violating rights by forbidding the vote to women, and the amendment informs government that it shall not do that.

Again we are confronted by the superior constitutional wisdom of Ms. Heilman as she deigns to instruct us on things she doesn't understand herself.)

Mr. Holper ended by stating that no candidate for president is qualified if that candidate doesn’t “understand and publically (sic) support our basic governing principles… In the (USA), the proper answer is, all lives matter, without regard to race or gender.”

Holper, himself, doesn’t understand our basic governing principles, our actual Constitution, nor why black lives matter. (As we have discovered, it is Ms. Heilman who doesn't understand.)

The phrase, “black lives matter” is not a zero-sum statement. All lives should matter, but in practice, black lives don’t matter as much as white lives. ("In practice" is not a topic Mr. Holper was addressing.)

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