Whether he wrote DOWN WITH BIG BROTHER, or whether he refrained from writing it, made no difference … the essential crime that contained all others in itself. Thoughtcrime, they called it. Thoughtcrime was not a thing that could be concealed forever. You might dodge successfully for a while, even for years, but sooner or later they were bound to get you.
– George Orwell (“1984,” Chapter 1)
Are hate crime statutes constitutional? It seems like a reasonable question to ask. If you asked that question to a typical liberal Democrat you would no doubt get a string of euphemisms and incoherent rants like this: “Well, of course hate statues are constitutional because America is an imperious, racist, sexist, homophobic country that is killing the planet! We must have special laws to protect our most vulnerable citizens from hate crimes done against them with punishments above and beyond those for normal crimes.” However, that response begs the question: Are hate crime statues constitutional?
Legal writer Lawrence McDonald said in his book on constitutional law, “If a judge can interpret the Constitution or laws to mean something obviously not intended by the original makers, then the nation’s Constitution and laws are meaningless.” For over century now, unremarkable presidents, activist judges, unscrupulous pols, atheists, socialists, progressives, liberals and others hostile to the Judeo-Christian origins of America have been manipulating the law for Machiavellian ends, demoralizing American society, the Constitution and the rule of law.
During these post-rationalist times, the West generally, and American culture specifically, is rife with anti-Jewish and anti-Christian sentiment. Hate crime statutes were explicitly promulgated by secular leftists to once and for all neutralize a group that has long stood in its way of completely perverting the culture – the religious right.
The Family Research Council said of the hate crime statutes: “If ‘hate crime’ legislation were to become a law, it would be used against individuals and churches who speak out on issues such as defending marriage and religious liberty.” FRC was right. With hate crime statutes operable in all 50 states as well as at the federal level, liberals and socialists now have free reign to essentially criminalize being a Jew or a Christian in America, which is ironically the primary objective of Islamic hegemony against the West.
Public Law No. 103-322A, a 1994 federal law, defines a hate crime as:
A crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person.
Don’t be fooled. What this benign-sounding legalese means is exceedingly inimical to religious liberty and freedom of speech. For example, landlords can now be brought up on charges of discrimination for refusing to rent to couples “shacking up,” or living together unmarried. Military chaplains are being given dishonorable discharges for praying “in Jesus’ name.” Christian denominations that refuse to ordain women or homosexuals are having their tax-exempt status threatened.
Jewish, Christian and conservative student organizations are losing their privilege to meet on campus because their mere existence makes Muslim students “uncomfortable,” thus contravening the sacred liberal orthodoxy of the academy – “thou shalt not be offended.” Fire-and-brimstone preachers like Dr. John Hagee of San Antonio, Texas, who regularly preaches against leviathan government, same-sex marriage, sexual promiscuity, the mis-education of students by godless public schools, the societal nihilism caused by the ACLU, etc., is constantly being threatened with Stalinist tactics of censorship even during a so-called “compassionate” conservative Republican administration.
The Framers of the Constitution would never have allowed hate crimes statutes for several reasons: 1) It was considered settled jurisprudence for over 200 years that the law was incompetent to criminalize thoughts no matter how wicked these thoughts were; 2) Hate crime statutes diminish the legitimacy and severity of real crimes. (The sentiment is this: You may plead out for murder, rape, arson, malicious assault and mayhem, but boy if you did those crimes with hatred in your heart against blacks, gays, women, transsexuals, transvestites, Muslims or midgets, you’re gonna pay!); 3) Studies now show hate crimes statutes, paradoxically, actually increase crime because they denigrate the rule of law and malign the respect or what Harvard law professor Lon Fuller calls “fidelity to law.”
The irony of the hate crime statutes is that they were conceived, promoted and enacted into law by socialists, progressives, liberals, leftist pols and activist groups like the ACLU, People for the American Way, MoveOn.org, NAACP, NOW and the Human Rights Campaign, and codified into law by liberal activist judges who have nothing but utter contempt for the original intent of the constitutional Framers and the rule of law. However, in line with the zeitgeist of this post-rationalist age, they carve out a class of special punishments against the criminal defendant that has violated one of their protected groups – minorities, women, atheists, gays, Islamic terrorists, anarchists, illegal aliens. This, dear reader, is the height of cynicism and a shameless perversion of the rule of law and the Constitution.
Sixty years ago, George Orwell foretold of this diabolical zeitgeist that would propagate hate crimes statues, in his own inimitable manner:
… [A]lthough Goldstein was hated and despised by everybody, although every day and a thousand times a day, on platforms, on the telescreen, in newspapers, in books, his theories were refuted, smashed, ridiculed, held up to the general gaze for the pitiful rubbish that they were, in spite of all this, his influence never seemed to grow less. Always there were fresh dupes waiting to be seduced by him.
Who is “Goldstein” today? Goldstein is the embodiment of contemporary liberalism that has so utterly poisoned and perverted American law, politics, society and culture. Big Brother welcomes you, comrades. Welcome to Amerika!
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