For a glimpse into how founding mothers might have written the Constitution, I offer this from a piece by Cathy Young, the author of two books, and a frequent contributor to Reason, Newsday, and RealClearPolitics.com.
She cited the case of Nate Parker, director, writer and star of The Birth of a Nation, a movie about the 1831 attempted slave rebellion. Parker was accused of rape years ago, which is now causing him and his film studio problems as they try to release the movie and win Oscars.
For many, it seems, an accusation of rape now equals guilt not only before there is a conviction but even after a not-guilty verdict. This may look just to those for whom “believe the survivors” is an article of faith. But such “justice” will inevitably shatter lives — and may hurt victim advocacy by lending credence to fears that rape accusations are a danger to the innocent.
In Parker’s case, the circumstances are especially murky, and the charges especially difficult to prove or disprove. The alleged victim, who had previously had consensual sex with Parker, had been drinking with him and his friend Jean Celestin at another friend’s apartment before going to Parker’s place. The young woman testified that she had only disjointed memories of being raped by both men while drifting in and out of consciousness. Parker and Celestin claimed that she willingly had sex with them both. Witnesses who had seen the woman that evening or talked to her on the phone gave conflicting accounts about her intoxication level. Parker’s roommate testified that he walked into the room to see Parker having intercourse with the woman, and she did not appear to be moving; however, there was some evidence that his testimony had been coerced under threat of prosecution.
Parker was acquitted on all counts. Celestin — Parker’s co-writer on The Birth of a Nation — was convicted of sexual assault and served time in jail, but his conviction was later overturned on the grounds of inadequate legal representation, and prosecutors chose not to retry him.Acquitted.
And yet still guilty?
On a college campus he would not have received a trial at all. He would not have had a chance to face his accuser. He would not the right to offer his side at all. Officials simply would expel him.
Women can make false charges of rape against men without consequence and so they do. All the time. We learned nothing of Crystal Magnum's perjury 10 years ago that ruined the lives of 46 white players on the Duke lacrosse team (the lone black player was spared). To be sure, the prosecutor lost his law license, but Magnum faced no reprimand at all.
Rape is a heinous crime, but so is bearing false testimony.
Under a feminist constitution, we would repeal the Fourth and Fifth Amendments as they apply to rape. Better to jail 100 innocent men than to let one guilty man walk free. Other crimes would be added to the list of exempted from the Fourth and Fifth as the government sees fit.
The Second Amendment, too, would be gone.
And given how many feminists are evangelical atheists who consider dissent hate speech, do you really think the First Amendment would pass?
The Third Amendment is safe as most feminists hate soldiers and do not want them quartering in their parlors.
Now for the punchline: Men are not better at setting up governments than women are. Men merely have more experience. For millenniums, women ran the house, men ran the world. It was a nice arrangement. After thousands of years of this, men realized you have to give the accused the presumption of innocence. And allow dissent. And certainly allow people to defend themselves from thugs and the government. Because he who rules today may be the loyal opposition tomorrow.
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