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Michael Cianchette is a Navy reservist who served in Afghanistan. He is in-house counsel to a number of businesses in southern Maine and was a chief counsel to former Gov. Paul LePage.
One of the best parts of the United States Constitution doesn’t get enough attention. Article III, Section 3 abolishes “corruption of blood” as a penalty, particularly for treason.
Back in merry old England, families could be punished for the crimes of their kin. The child of a landowning father could be prohibited by law from receiving anything after their parent’s demise.
The Founders ensured that America was going to be different. That is why they wrote it into the Constitution.
The reasons are plain. People are individuals, responsible for their own choices and decisions. They should not be held to account for the actions of others.
It dovetails with the American ethos of “rugged individualism.” And It’s worthwhile to keep front of mind, given the state of the world today.
Last Saturday, three young men were shot in Burlington, Vermont. They happened to have been of Palestinian heritage, but two were American citizens and the third was a legal resident.
The motive of the accused shooter is not yet clear. There has been speculation that they were attacked because of their ethnic heritage, the gunman inflamed by the ongoing conflict in the Gaza Strip.
Any unnecessary violence is abhorrent. Any unnecessary violence based upon someone’s affiliation with another group is un-American.
It is the same wrong that lurks in dark corners of the internet, yet sometimes finds itself in the light of day. Some antisemites build their belief on the idea of “Jewish deicide,” or the claim that all Jewish people bear collective guilt for the crucifixion of Christ.
Sounds a lot like “corruption of blood.” Which is un-American.
Antisemitism is having a moment where it is remarkably visible and, in some places, accepted. There has been a lot of attention on neo-Nazi groups recently. Their views are vile and, in Maine, have been soundly rejected by Republican and Democratic officials alike. As any high school history student should be able to tell you, a major component of Nazi ideology is antisemitic bigotry.
Meanwhile, Hamas’ surprise attack on Israel and the latter’s response into Gaza has exposed a fracture on the political left. Data journalist Nate Silver noted that the rift first appeared during COVID, grew through the “wokeness” debates, and now has spilled into the open.
Time after time after time, progressive American Jews have lamented the reactions of their supposed political allies to the Israeli-Palestinian situation. Some progressive activists have argued that labeling Hamas a terrorist organization is “racist.”
They are wrong.
“Hamas” isn’t a race. It is an organization to which people belong. That organization makes choices and people undertake actions. Culpability and judgment can be levied against the men and women who join.
That is the distinction. Americans do not believe in “corruption of blood.” A state of being – Jewish, Palestinian, female, white – does not have a moral component. Children do not get to choose the circumstances of their birth.
The decision to join a neo-Nazi group, Hamas, or any other organization, belongs to an individual. That organization may be rightfully accused of various things. They might be affiliated with the bad guys. That decision can have a moral aspect.
Individuals make choices. They are responsible for them. And that is where it stops; it does not expand into their family or more distant relations. Jewish heritage does not make someone responsible for Israeli policy. Palestinian heritage does not make someone responsible for Hamas’ surprise butchering of children.
That principle is enshrined in the U.S. Constitution. It is one of the things that makes this country great. And if you see someone attacking people for circumstances beyond their control, tell them they are un-American.