If you were hiring someone to manage a manufacturing business, would you hire someone who didn’t know anything about the product your factory produced? What about a nonprofit executive who disagreed with the organization’s mission?
The answers to those questions is pretty obvious, but for some reason, when it comes to government, we don’t require evidence that candidates for office understand what government is and– just as important– is not supposed to do.
As early voting gets underway in Indiana, Hoosier voters are going to the polls to choose between two statewide tickets. One of those is composed entirely of candidates who neither support nor understand America’s constitutional system. Beckwith, Banks and Rokita are out-and-proud Christian Nationalists waging war against the First Amendment’s Separation of Church and State. They simply reject the system put in place by the Founders. Braun–who seems motivated only by a desire to be important–rather clearly doesn’t understand the role of government or the structure of American federalism.
One of the TV ads being run by Jennifer McCormick–who does understand those things–shows an earlier interview with Braun in which he enthusiastically endorsed the Dobbs decision that allowed state-level governments to ban abortion. When asked if he would also support criminalizing the procedure, he said he would. Less well-known was his opinion, shared in another interview, that decisions about same-sex and inter-racial marriages should also be returned to the states.
Evidently, Braun has never encountered the Fourteenth Amendment, which–among other things– requires state and local governments to govern in a manner consistent with the Bill of Rights, and forbids them from denying to their citizens “the privileges and immunities” of American citizenship. For over fifty years, those privileges and immunities have been protected by a doctrine called substantive due process, often called the “right to privacy.” That doctrine confirmed the principle that “intimate” individual decisions—including one’s choice of sexual partners or the decision to use contraception (or more recently, the choice of one’s marriage partner) are none of government’s business.
Permit me to slip into “teacher mode.”
Constitutional scholars argue that the right to personal autonomy has always been inherent in the Bill of Rights, but it was explicitly recognized in 1965, in Griswold v. Connecticut. Connecticut’s legislature had passed a law prohibiting the use of birth control by married couples. The law prohibited doctors from prescribing contraceptives and pharmacists from filling those prescriptions.The Supreme Court struck down the law, holding that whether a couple used contraceptives was not a decision government is entitled to make.
The Court held that recognition of a right to personal autonomy—the right to self-government—is essential to the enforcement of other provisions of the Bill of Rights. Justices White and Harlan found explicit confirmation of it in the due process clause of the Fourteenth Amendment—which is where the terminology “substantive due process” comes from. Wherever it resided–in a “penumbra” or the 14th Amendment—the Justices agreed on both its presence and importance.
The doctrine of Substantive Due Process draws a line between decisions that government has the legitimate authority to make, and decisions which, in our system, must be left up to the individual. I used to tell my students that the Bill of Rights is essentially a list of things that government is forbidden to decide. What books you read, what opinions you form, what prayers you say (or don’t)—such matters are outside the legitimate role of government. The issue isn’t whether that book is dangerous or inappropriate, or that religion is false, or whether you should marry someone of the same sex, or whether you should procreate: the issue in America is who gets to make that decision.
Not the federal government. Not state governments. Individual citizens.
I will refrain from pointing out the impracticality of “states rights” on these intimate issues. (If you are in an inter-racial marriage and move to a state that forbids such unions, are you suddenly unmarried?) The more fundamental point is that allowing any unit of government to decide such matters violates the Bill of Rights and the libertarian philosophy that underlies our constitutional system.
Indiana’s MAGA GOP is offering voters an entire statewide slate of men who neither understand nor respect the Constitution–men who are applying for jobs without demonstrating any familiarity with the job descriptions.
Voters who feel comfortable allowing Indiana’s deplorable legislature to decide who they should be allowed to marry or whether they should be required to reproduce should vote for Braun and his merry band of theocrats. The rest of us will cast our votes for the Democrats.
Note: I voted early afternoon yesterday, on the first day of early voting. I stood in a fast-moving line for nearly an hour. If this year’s election will be decided–as I believe it will be–on turnout, it was a fantastic sign.
I do wish that every MAGA running for office (or otherwise) had to take Sheila’s class until they passed.
What Jane said! Sheila, you are a very astute “explainer”. Thank you for teaching these important subjects over and over again!
Worth noting: While we see a huge need for FEMA, both Jim Banks and Mike Braun vote AGAINST FEMA funding
Sheila, a timely piece and oh, how I wish voters in Indiana would pay close attention. I, too, voted yesterday and while waiting in line was able to cheer for more than one first time voter. I see this as a good sign and am quietly hopeful. It’s hilarious (but, terrifying) that you called them “Braun’s Merry Band of Theocrats (I’m stealing that) – I predict Beckwith (and likely the others) will make Indiana the laughingstock of the country within 6 months if they are elected. So sad for Indiana – I guess I never wanted to believe that our state could be that backward.
This is part of a more significant issue: the expertise required in every aspect of life to keep up with the ever-expanding scope of human knowledge. We are overwhelmed with the growth of complexity and refuse to invest our minds in the challenge; we’d rather be entertained than sufficient for the task of everyday life.
Solutions are easy to state but will not be implemented by the majority of people.
Turn off the screens and read books.
Sorry people but this took me back to those old Goldsmith days; working in the Department of Metropolitan Development included the job as Records Secretary for the Metropolitan Development Commission which was ruled by state laws. The Mayor and City Department Directors approved a one-year $3 MILLION contract with Oscar Robertson/Smoot consultant firm based in Ohio. When the City was billed for payment no legal contract could be found; I was questioned a number of times but it took months for me to realize that there was no legal contract. That possibility had seemed too stupid to consider. I went from my office on the 18th floor of the City County Building to the Mayor’s Office on the twenty-fifth floor to speak directly with Deputy Mayor Nancy Silvers. She and her Administrative Assistant made a few phone calls and found that was the problem. I walked through the main door of my office on the 18th floor and was stopped by the Department of Metropolitan Development Chief Financial Officer who asked me how to create a legal copy of the contract. The CFO Ali Khan held a Master’s Degree in Personnel Management from the University of India.
There was a second one-year, $3 MILLION contract approved and all copies of the contacts, signed by Mayor and Department Directors were returned to me. I simply put them in the Commission file cabinet and waited. The consultant in DMD came to my desk a few weeks later with a Vice President from the main Oscar Robertson/Smoot office in Ohio and asked if I knew where the contracts were. My answer was, “After the contract problem last year, when all contracts were returned to me and I put them in the Commission file cabinet.” The VP asked, “What problem last year?”; when our consulted started to answer he was told to shut up and I was allowed to answer the question. I gave the VP all copies and that ended my contact with anyone about the contracts. This was nothing unusual in the day-to-day business at that time.
“Indiana’s MAGA GOP is offering voters an entire statewide slate of men who neither understand nor respect the Constitution–men who are applying for jobs without demonstrating any familiarity with the job descriptions.”
The November 5, 2024 election of these unqualified and/or already proven unable to perform required responsibilities will determine things at the national level; our state level votes have never been more vital. They aided in the result of the appointment of Trump as President in 2016.
Oops, again poor editing. That should read “consultant”, not “When our consulted started to answer…” Thinking back to that time still upsets me and raises my blood pressure, please excuse the error.
It’s a bit interesting that the head of the R slate has spent the last few years in Congress. He should have some idea of how government is supposed to function. I guess it’s the fact that he was a member of the Republican caucus, the dysfunctional one, says it all.
Hey, Pete, I would add, “Read non-fiction books.” Maybe, even, Bob woodward’s new one.
So, should potential political candidates be required to take a civics test before being put on ANY ballot?
I’ll second Pete’s recommendation, “Turn off the TV and read books.” However, nobody in Indiana would know who is running for office if we did that. As someone who doesn’t watch TV, I haven’t received one flyer from either political party in Indiana. I’ve also not seen a single ad on social media or Google, which I use often. The only political ads are Kamala raising money. Google knows I’m not a Republican, so I never see their ads.
The Christian Nationalists and their MAGAT followers clamor all the time about the government interfering with their rights and the rights of corporations to do as they please, but want to control the personal lives of everyone besides them. They want to control everyone who doesn’t support their views.
Is it me, or do these Republican Christian Nationalists act like hypocrites just like Christians? 😉
Love this Sheila! Hoosiers For Democracy posted yesterday about voting country over party. If you haven’t subscribed please do and help us spread the word. https://hoosiersfordemocracy.substack.com/
Even if Indiana’s maga gop candidates actually understand the Constitution and Bill of Rights, that doesn’t really matter and they have no problem making that clear.
Most of us know that Indiana’s maga voters don’t pay any attention to the candidates running for state and local offices. Most of them aren’t even aware of who their current state Reps and Senators are or who represents them in DC. For years they’ve been told to vote a straight R ticket and that is what they do. This was proven to me last Saturday at one of my grandchildren’s birthday party. I was sitting next to my ex mother-in-law at the table and I saw a Newsmax notice flash on her phone screen. Later my ex brought up our state’s property tax bills. Long story short – I explained that our residential property taxes have been skyrocketing because our R dominated state legislature members give their major corporate donors whatever they want – in this case continuously reducing their property taxes. I mentioned our state district senator’s name and my ex mother in law asked me who I was talking about. She had never heard that name before, even though he has been our state senator for six years. I explained who he is and then mentioned that as long as republican voters keep voting straight R tickets without taking the time to learn about the candidates we will continue to get a state government that cares only about corporations. There was more to the conversation, but it became increasingly difficult for me to stop biting my tongue.
“If you are in an inter-racial marriage and move to a state that forbids such unions, are you suddenly unmarried?”
This sentence from Sheila’s post reminded me of the great Janis Ian song, “Married in London”. While the song is about gay marriage, the idea is the same. If you’ve never heard the song, it’s definitely worth the 2 minute listen:
http://www.youtube.com/watch?v=So-WTSMrrq0
Amen, Pete, amen.
I am very surprised while driving around the Indy’s northside, in formerly very decidedly Republican for most of the 50 years I have lived here, that I did not see one sign for tfg and only one for Braun. I have seen several for the Dems. I am hoping that the heavily blue parts of the state will drive at least the federal and state candidates to election. I have concerns about the knee-jerk reaction to the judicial retention question by many progressive organization members. I share Prof. Kennedy’s blog on the subject whenever I can.
Yesterday, during Heather Cox Richardson’s weekly chat, she encouraged us to actively support two candidates in state contests by name. One of them was Jennifer McCormick.
Thanks to all of you who have contributed to the comments and may be donating and volunteering for Democrats in Indiana.
The ignorance demonstrated by the Repugnican Slate from top to bottom is breathtaking. I do wish voters would just pay attention.
They understand alright; they simply want total control and power. That’s what it’s all about for the “GOP”. They also know that the people who vote for them don’t realize all their freedoms are at risk.
The Founders assumed that the electorate would be made up mostly of white men, educated and rational, informed, and dedicated to a constitutional republic (in other words, people like them). They could never have imagined a nation of our size with so much ignorance and selfishness in the electorate and the government. The Federalists must have all worn away their coffins from spinning in their graves.
I remember when Braun was running for Senate in 2018 and said that he was running to help carry out trump’s agenda. Braun needs to be voted out on the coattails of his demented leader. Unobstructed authoritarianism which MAGA is trying to assert is soul crushing and is in no way American.
My husband and I early voted yesterday too, hoping our votes count and that it’s not the last time we’ll be able to vote.
After reading Shelia’s Judge retention blog recently, we were better able to make informed decision regarding that vote.
This column is not only an accurate assessment of candidates who are running for major office in Indiana while being ignorant of the constitutional requirements for the job. It’s also a great refresher course for the rest of us. Thank you so much. By the way, I also voted on the first day, and turnout was good in the morning, too.
Thanks, Sheila. In addition to the Constitutional reasons why same-sex and inter-racial marriage shouldn’t be left up to the states, it seems I recall from law school that if a marriage is legal where it was entered into, the principle of comity required sister states to honor that marriage, even if it was illegal in a sister state. This principle, as I recall, came into play when girls as young as 13 could get married in places like Tennessee, and when certain states allowed first-cousins to marry. Those couples could not be arrested in states that outlawed their marriages. Then, along comes same-sex marriage and states like Hawaii that allowed it, and the turmoil began. Ultimately, the SCOTUS said that the same Constitutional rights of liberty and privacy that allowed abortion up to the age of fetal viability also protected same-sex marriage–the Obergefell decision. Justice Thomas’s concurrence in the Dobbs case that overturned Roe v. Wade indicated that same-sex marriage might be a matter to be revisited. Of course, since he’s married to a white woman, he didn’t bring up the Loving v. Virginia case that outlawed miscegenation–inter-racial marriage.