While eating my lunch, I was reading the headlines about Trump’s selection for Attorney General. This got me thinking. We should all write to our senators, and insist that any nominee what takes precedence when determining government action or policy: the written law and any legal precedents for that jurisdiction, or their belief system. If they answer that their belief system takes precedence, they should be denied confirmation. Why? To give a belief system precedent when determining government action is to impose that belief system on others — which is the government essentially establishing a religion and enforcing it on others. But, some will counter, that denies the nominee the freedom to practice their religion. It actually doesn’t. They are free to practice their religion in private times, and even when not performing government actions. But government decisions should not be enforcing one religion or belief on another.
If this makes it difficult for Trump to nominate certain individuals to positions such as Justice or the Supreme Court, that’s how it works. The same Bill of Rights that gives them the right to spew whatever hate speech they want and to practice their religion protects the people of this nation from imposing their religious beliefs or discriminatory practices on the populace. This is a nation ruled by law, and laws that are difficult to change. Sometimes it works to their advantage (such as the Electoral College); sometimes it doesn’t (they can’t discriminate, they can’t register — beyond what would be done for the census — based on religion, they can’t undo gay marriage, they can’t even easily undo Roe vs. Wade). We need to constantly remind them of this. We cannot discriminate in hiring based upon belief. We can, however, insist that they follow the law even when it conflicts with their belief.
[And, by the way, this applies to Steve Bannon as well. He may or may not hold white supremacist views. He cannot, however, act on those views when they are contrary to our laws — that is grounds for requesting his removal from office.]
The key point we must continually make: The President, Congress, and his advisors are not above the law. Their followers are not above the law.