Too Many Witnesses

Have you noticed that the only presidential candidate really talking about making the nation better is the incumbent?

While there is an awful lot of nonstop campaigning for the Republican nomination going on, the men seeking the nod all like to blather on and on about "taking our country back," or "returning the nation to what the founding fathers intended," or in some way or another "restoring the freedoms we have lost."

But, really, there are too many witnesses who know firsthand about the shortcomings of the past to want that as a future for their children and grandchildren. I am not talking about slavery, sweat shops or child labor.

Those are all documented historic facts reflecting conditions in the United States that were sanctioned as official policy for decades or centuries. Yet, most of the victims of those systems are gone.

I'm talking about protective covenants in housing; glass ceilings and discrimination in hiring, promotions and other personnel matters, funding inequities in education and health care; discretionary law enforcement in cases of rape, sexual abuse, domestic violence and other crimes; racial profiling, lending and finance and the provision of basic services for socially, physically, or economically disadvantaged populations.
 
There are still millions of people alive who can speak first-hand of such injustices.

The founding fathers had the wisdom to ensure that an independent judiciary would have the final say on all constitutional matters.  Federal judges, and by extension, the Supreme Court have the right and the obligation to periodically reexamine laws and issues to determine whether, based upon reason and the times, certain aspects of American life warrant institutional review, revocation or change.

The problem is that freedom and equality have not always meant the same thing in this country. I've written before about property rights, voting rights, and human rights. People are entitled to all of these things whether they agree with you politically, morally, socially or not.

Religious freedom is not just for Christians, Jews and Muslims, it's also for Buddhists, Wiccans and Satanists.  Local standards and majority customs cannot define who can participate nor can any group force any individual to keep their own beliefs silent in the interests of not offending the majority.

Public education is not just for the gifted, the average and the able-bodied. It is something that is supposed to be universally offered and provided. Yet, more times than not, the courts or advocates have to fight tooth and nail to make sure that some children have access to the programs and services they need.

Women are still fighting for the right to maintain control over when and if they become pregnant, even as some would deny them the choice of whether to become parents.  We are taught that women have the right to say no and expect it to mean no. Now, some politicians are saying "I don't think so." 

Equal access in the job market remains a real challenge for many.  Growing numbers of men and women have learned during the Great Recession that the playing field is not level, and age, race, body type, sexual orientation and other factors can mean the difference between getting or keeping a job, and waiting for calls that never come.

Those who would seek to reign in courts, deregulate business, and limit the rights of the small to challenge the mighty do not offer a free and equal world. Instead they offer an America stripped of many of the protections that have gradually shifted us toward being a nation of greater universal freedoms.

They also promise their would be supporters a future they envision that those who have ever lived with the indignity of exclusion simply cannot allow. If justice is not blind, it is good to have laws and courts to offer her guidance.