|Chapter 13: Repairing The Road||Chapter 14: The Problem of Power|
by Christopher Chantrill
March 29, 2005 at 1:27 pm
IN EASTER Week, conservatives took a blow to the solar plexus. We thought that all we had to do was pass a law asking the federal courts to take a look at the Terri Schiavo case, and hey presto, Terri would have another two years to live while the courts mumbled over endless procedural issues, just like in capital murder cases.
Instead we piled into a locked courthouse door. And when we looked at the sign on the door of the Judicial Club, it said Liberal Members Only. Conservative Deliveries in Rear. Some conservatives were outraged. They started whining.
But the Terri Schiavo case is a godsend. It tells conservatives exactly where we stand in the culture wars. We have won control of two branches of government, but the other remains closed to us. First we won the presidency, the monarchical branch of government. In Ronald Reagan and George W. Bush, we offered leaders to the American people that did what a monarch should: stand up for America. Then we won the Congress, the democratic branch of government. We won that because we have shown that we stand for the people against the vast Democratic apparatus of tax-eaters. Republicans stand for starving the beast; Democrats stand for feeding it. Conservatives stand for growing the country; liberals stand for growing the government.
But now the final challenge confronts us, winning in the courts, the aristocratic branch of government. With respect to the judicial branch, conservatives have a problem. The courts dont take our ideas seriously. The reason is fairly simple; judges dont think that conservatives have serious ideas. What conservative has not encountered the lumpen-liberal, softened by a lifetime in some tenured sinecure, who has said, I just dont understand how an educated man like you could think like that?
The terms developed by Michael Novak in The Spirit of Democratic Capitalism are helpful here. Conservatives must learn to lead the moral/cultural sector as well as the economic sector and the political sector. Right now the moral/cultural sector is big on the quality of life approach to medical ethics, or bioethics, that has been developing over the last decades in universities and think tanks.
Wesley J. Smith (http://www.consciencelaws.org/Examining-Conscience-Issues/ethical/Articles/Ethical11.html) reported on the bioethics community in the Weekly Standard back in 2000. He warned that it was developing a concept of personhood, a quality-of-life ethic that requires individual humans to earn their moral and legal rights by displaying certain cognitive capacities. You dont get to enjoy full human rights unless you pass the test as, presumably, Terri Schiavo does not. Its interesting, is it not, how our modern elite keeps returning to this theme. Once they merely wanted to cull the simple-minded, or the unfit. Then they moved on to the unwanted, and now the merely inconvenient.
The patriarch of bioethics, Joseph Fletcher, according to Smith, wanted a bioethics that was more than practical wisdom to guide physicians and hospitals. His followers agree. Some bioethicists see themselves as the creators of a new moral paradigm that will replace the archaic Judeo-Christian order as the philosophical underpinning of society. Maybe they are right. After they ruminate over a problem and reach consensus, it is surprising how quickly their agreement finds its way into law.
This utilitarian bioethics movement would not be a problem if it were engaged in a dialogue with advocates of the sanctity of life argument. But, as has become commonplace throughout the academy, it has built itself a walled community from which dissenting voices are excluded. Only utilitarians need apply.
In his article, Wesley J. Smith recommends a containment operation to keep the utilitarian bioethics community in check. But is that really enough? To win the culture war, to lead the moral/cultural sector, and to win over the judiciary, conservatives must occupy territory, including the walled camps of the bioethics establishment. Conservatives must do a better bioethics than the coterie of utilitarian secularists writing in the Hastings Center Journal and the Kennedy Institute of Ethics Report.
Only when conservatives have transformed the moral/cultural sector will judges find themselves listening to advocates of the sanctity of life as much as they listen to the advocates of quality of life, and only then will they remove the Liberal Members Only sign from the courthouse door. Only then will they nod when a future David Brooks evenhandedly reports the Schiavo debate as the clash of two serious but flawed arguments. The socially conservative argument has tremendous moral force, but doesnt accord with the reality we see when we walk through a hospice. The socially liberal argument is pragmatic, but lacks moral force.
Only then will they sagely nod when a future Mark Steyn insists that: it may be legal under Florida law for the state to order [Schiavo] to be starved to death. But it is still wrong.
Buy his Road to the Middle Class.
[W]hen I asked a liberal longtime editor I know with a mainstream [publishing] house for a candid, shorthand version of the assumptions she and her colleagues make about conservatives, she didn't hesitate. Racist, sexist, homophobic, anti-choice fascists, she offered, smiling but meaning it.
Harry Stein, I Can't Believe I'm Sitting Next to a Republican
[T]he way to achieve a system of determining admission to the public schools on a nonracial basis,
Brown II, 349 U. S., at 300–301, is to stop assigning students on a racial basis. The way to stop
discrimination on the basis of race is to stop discriminating on the basis of race.
Roberts, C.J., Parents Involved in Community Schools vs. Seattle School District
[T]he Liberal, and still more the subspecies Radical... more than any other in these latter days seems under the impression that so long as he has a good end in view he is warranted in exercising over men all the coercion he is able[.]
Herbert Spencer, The Man Versus the State
[To make] of each individual member of the army a soldier who, in character, capability, and knowledge, is self-reliant, self-confident, dedicated, and joyful in taking responsibility [verantwortungsfreudig] as a man and a soldier. — Gen. Hans von Seeckt
MacGregor Knox, Williamson Murray, ed., The dynamics of military revolution, 1300-2050
[The Axial Age] highlights the conception of a responsible self... [that] promise[s] man for the first time that he can understand the fundamental structure of reality and through salvation participate actively in it.
Robert N Bellah, "Religious Evolution", American Sociological Review, Vol. 29, No. 3.
[In the] higher Christian churches... they saunter through the liturgy like Mohawks along a string of scaffolding who have long since forgotten their danger. If God were to blast such a service to bits, the congregation would be, I believe, genuinely shocked. But in the low churches you expect it every minute.
Annie Dillard, Holy the Firm
[Every] sacrifice is an act of impurity that pays for a prior act of greater impurity... without its participants having to suffer the full consequences incurred by its predecessor. The punishment is commuted in a process that strangely combines and finesses the deep contradiction between justice and mercy.
Frederick Turner, Beauty: The Value of Values
Within Pentecostalism the injurious hierarchies of the wider world are abrogated and replaced by a single hierarchy of faith, grace, and the empowerments of the spirit... where groups gather on rafts to take them through the turbulence of the great journey from extensive rural networks to the mega-city and the nuclear family...
David Martin, On Secularization
What distinguishes true Conservatism from the rest, and from the Blair project, is the belief in more personal freedom and more market freedom, along with less state intervention... The true Third Way is the Holy Grail of Tory politics today - compassion and community without compulsion.
Minette Marrin, The Daily Telegraph
These emerge out of long-standing moral notions of freedom, benevolence, and the affirmation of ordinary life... I have been sketching a schematic map... [of] the moral sources [of these notions]... the original theistic grounding for these standards... a naturalism of disengaged reason, which in our day takes scientistic forms, and a third family of views which finds its sources in Romantic expressivism, or in one of the modernist successor visions.
Charles Taylor, Sources of the Self
There was nothing new about the Frankish drive to the east... [let] us recall that the continuance of their rule depended upon regular, successful, predatory warfare.
Richard Fletcher, The Barbarian Conversion
The Union publishes an exact return of the amount of its taxes; I can get copies of the budgets of the four and twenty component states; but who can tell me what the citizens spend in the administration of county and township?
Alexis de Tocqueville, Democracy in America