Single Mothers and Conservatism


shutterstock_209614678I would like to pose two questions to my follow Ricochet members: What should be the conservative answer be to unwed single mothers? How should the GOP/Conservatives support existing single mothers (to include widows, separated, divorced, unwed)?

I think we have a tendency to focus on the origins of the issue of single mothers — such as the rise of the welfare state and the sexual revolution — without addressing how we would support those single mothers that need help today. Social Conservatives are pro-life, pro-motherhood, and pro-marriage. However, the Left perpetuates the stereotype that Conservatives are not supportive of single mothers, and it works for them politically. In the 2012 presidential election 75% of single mothers voted for the Democratic ticket.

So what say you, Ricochet? Should we cede that portion of the electorate to the Democrats and to likely dependence on the state? I believe we can do better than that.

Peter Robinson and the Constitutional Complexities of Gay Marriage


Peter Robinson’s post yesterday cites Robert George’s passionate attack on claims for the constitutionality of gay marriage, wherein George argues that this weighty issue should be decided analytically at the wholesale level. He looks at what he, and many others, think to be bad decisions by an activist Supreme Court and urges that Republicans, both in and out of government, should treat the decision “as an anti-constitutional and illegitimate ruling in which the judiciary has attempted to usurp the authority of the people and their elected representatives.”

This is a very radical claim and the effort to upset the doctrine of judicial supremacy, far from being confined to this decision, could easily be extended to any other ruling that is subject to extensive political disputation. Professor George seeks to make this argument by analogizing the situation with gay marriage to earlier cases. Here’s the relevant section that Peter quoted:

Answering Peter Robinson on SCOTUS and Gay Marriage


Peter posed a question earlier today: If the Supreme Court legalizes gay marriage, how should we respond? I defer to Richard Epstein’s views on the comparison between Dred Scott, Lochner, and gay marriage. I think that Robert P. George rightly warns of the dangers of the use of the due process clause by judges to advance their personal policy preferences. There are surely similarities between the Court’s use of substantive due process in all three periods. I think that a decision imposing gay marriage on the nation incorrectly reads our constitutional structure, just as Dred Scott mistakenly interpreted the Constitution’s original understanding of federal and state control over slavery and freedom.

But there is an important difference here, one that shouldn’t affect their legal decision but will control the political response. A majority of Americans support gay marriage now, as opposed to 2008. There will be no groundswell of opposition to the Court on gay marriage in the way there was against Dred Scott.

Calling Richard Epstein and John Yoo, or, if the Supreme Court Legalizes Gay Marriage, How Should We Respond?


shutterstock_103670531Constitutional scholar Robert P. George, writing in First Things:

Dred Scott v. Sandford was the infamous case in which the Supreme Court of the United States, usurping the constitutional authority of the people acting through their elected representatives in Congress, purported to deny the power of the United States to prohibit slavery in the federal territories. It is very much worth recalling that Dred Scott was not just a case about slavery. It was a case about the scope and limits of judicial power. It was a case in which judges, lacking any warrant in the text, structure, logic, or historical understanding of the Constitution, attempted to impose their own favored resolution of a morally charged debate about public policy on the entire nation.

The Supreme Court did it again in 1905 in the case of Lochner v. New York (invalidating a worker protection statute enacted by the state legislature), and then several more times in the Warren Court era, culminating in Roe v. Wade—the Dred Scott decision of our own time. Now we face the prospect of yet another Dred Scott-type decision—this time on the question of marriage. I say that, not because same-sex relationships are the moral equivalent of slavery—they are not—but because five justices seem to be signaling that they will once again legislate from the bench by imposing, without constitutional warrant, their own beliefs about the nature and proper definition of marriage on the entire country.