Month: August 2011
Around the Web
Romney Hits a Home Run on Marriage
I believe that the issue of marriage should be decided at the federal level. You might wonder, why is that? Why wouldn’t you just let each state make their own decision? And the reason is because people move from state to state, of course, in a society like ours, they have children, as they go to different states, if one state recognizes a marriage and another does not, what’s the right of that child? What kind of divorce proceeding potential would there be in a state that didn’t recognize the marriage in the first place? There are – marriage is a status, it’s not an activity that goes on within the walls of a state, and as a result, marriage status relationships should be constant across the country.
The Official CFO 2012 Republican Presidential Roundup
Newt Gingrich: Newt is frustrating. He’s extremely intelligent, a superb speaker and debater, has lots of terrific ideas, and is second to none in his ability to convey the gravity of a situation. But he’s also got a scandal-ridden personal life, a laundry list of foolish flirtations with liberals, and a horribly managed campaign. I’d still vote for Gingrich in the general, since I think most of his values are basically in the right place (and let’s face it, who wouldn’t love to see Barack Obama forced to debate this guy for an hour on stage?).
Gary Johnson: He’s like Ron Paul, only worse. He’s going nowhere, and under no circumstances would I vote for him. Next.
A Less Perfect Union: How Will Conservatives Restore States’ Rights?
Thanks largely to the Tea Party movement, the United States is thinking harder about individual liberty and states’ rights than she has in years. But despite identifying the problem, conservatives aren’t any closer to enacting a viable long-term solution for taming our federal leviathan.
Several efforts show promise. Many states have challenged the constitutionality of ObamaCare’s individual mandate to purchase health insurance, guaranteeing an eventual ruling from the Supreme Court. Though worth doing, that’s far too risky a basket to put all our eggs in, since it relies on a majority of the justices to rule based on the text of the Constitution rather than their personal ideologies.
In his popular book Men in Black, constitutional scholar and talk radio host Dr. Mark Levin suggests that Congress should restrain such activist judges via its constitutional authority to place limits on the courts’ jurisdiction and to impeach especially odious judges, and advocates constitutional amendments to give judges term limits and give Congress a supermajority veto over Supreme Court decisions. All these proposals are worth exploring in further detail, but even if enacted, there would still be legislative statism to deal with.
In Minnesota’s 2010 gubernatorial race, unsuccessful Republican nominee Tom Emmer backed a state constitutional amendment forbidding federal laws from taking effect without approval by a two-thirds vote in the state legislature. This proposal’s practical failings are obvious—preemptively nullifying all federal laws until the high bar of supermajority support is met would drastically complicate the law’s execution, and there’s no reason to expect state lawmakers’ decisions will be significantly more pro-Constitution that Congress, instead of simply turning on whether a particular majority happens to agree with whoever controls Capitol Hill at any given time.
In his recent book Power Divided is Power Checked, talk radio host Jason Lewis floats a more radical solution—a 28th Amendment, which would expressly affirm each state’s right to secession: “any state whose inhabitants desire through legal means and in accordance with state law to leave this union of the several states shall not be forcibly refrained from doing so.”
Secession is one of the Right’s more heated inter-movement debates, often distinguishing Libertarian from Republican, Northerner from Southerner. This conservative believes secession-at-will is a dangerous doctrine which undermines the rule of law and forgets the nation’s founding principles. Washington, Hamilton, Jefferson, and Jay all considered the national Union an indispensible safeguard of liberty, and “Father of the Constitution” James Madison explicitly denied secession’s legitimacy, explaining that, as a mutually-binding legal compact, the Constitution cannot be broken by any single party.
Moreover, conservatives need to be honest about secession’s full implications—by breaking away from the country, a state wouldn’t merely be rejecting an unjust administration, but also rejecting our very Constitution as no longer worth defending within the system of government it establishes.
So what is the answer? Taking unconstitutional laws to court would certainly be worthwhile. So would Levin’s proposed remedies. But these aren’t magic bullets, and conservatives need to recognize that the problem is more complex than “good states versus evil feds.” Indeed, bad national politicians don’t just fall from the sky; they start out as bad state and local politicians.
Why do so many Americans accept statism? Because the rest of us have failed to be vigilant in our own backyards. For decades, we’ve let progressive presuppositions about government and society gradually infect our politics, education, and culture. To really change course, we must retake our institutions at the local level, particularly with renewed scrutiny of what our schools are—and aren’t—teaching. We can’t expect future generations to recognize betrayals of our founding principles if they don’t even recognize names like Locke or Publius.
We didn’t get here overnight, and we shouldn’t expect a constitutional rebirth overnight either. Every level of American government and society needs to be scrubbed clean. Meaningful, lasting reform is the work of generations, which will demand from each of us more patience, tenacity, and fortitude than ever before.
New on Media Trackers – Wisconsin’s Unique, Union-Backed Recalls
Around the Web
Your daily does of Remedial History, Religion Edition: “Four Myths about the Crusades.”
It seems Canada’s got its own counterpart to the great Lila Rose, seen here debating the role of graphic abortion images in public use. I’ve got mixed feelings on the subject – on the one hand, the local pro-life activism I’ve been involved with hasn’t used such images because we figure that level of shock isn’t the best way to introduce ourselves to strangers who didn’t ask to be made sick just for, say, crossing the street or visiting a county fair. On the other hand, I absolutely think they serve an important role: pro-aborts shouldn’t be able to hold or defend their position without being made to confront its true horror.
I first lost respect for noted character assassin Rob Taylor when he smeared Robert Stacy McCain as a rape apologist by taking Stacy’s admittedly ill-considered quote “you buy the ticket, you take the ride” out of context and put a wildly-hostile spin on Stacy’s intentions. So imagine my amusement when I read this debate on the Casey Anthony case, in which Taylor – based on the standards of fair interpretation he himself has established – suggests the Duke Lacrosse players deserved to be falsely accused of rape and smeared as racist predators, simply because they engaged in other sleazy behavior. Put a fork in this guy, his credibility’s done.
San FranSicko’s war on crisis pregnancy centers heats up, with a new law against false advertising (which will be very fairly interpreted, I’m sure) and an asinine lawsuit against a crisis pregnancy center for false advertising because….their name pops up when you Google “abortion.” All in favor of either kicking California out of the country or revoking their statehood…..
Brian Stewart talks defense spending at the Corner. Funny how the only area liberals are willing to cut is the one that actually is the federal government’s constitutional business, isn’t it?
Allahpundit Doesn’t Get It
It’s part of the fabric of America to support traditional marriage and that being between one man and one woman. I led the charge back in the mid 2000′s in Texas when we passed a constitutional amendment that defines marriage as being between one man and one woman, passed by 75%, that’s rather overwhelming. But I do respect a state’s right to have a different opinion and take a different tact if you will, California did that. I respect that right, but our founding fathers also said, ‘listen, if you all in the future think things are so important that you need to change the constitution here’s the way you do it’. It takes three quarters of the states deciding that this is important, it goes forward and it becomes an amendment to the United States Constitution. I support that for issues that are so important, I think, to the soul of this country and to the traditional values which our founding fathers, on the issue of traditional marriage I support the federal marriage amendment.
Why would you want an amendment in a case where you respect a state’s right to have a different opinion? The touchstone for an amendment, I would think, is when you don’t respect that right because a particular state’s legislative preference would lead to grievous harm. Slavery is the paradigm example; abortion, arguably, is another. If you can look at your opponent’s position and say, “I see your point but I think you’re wrong,” that should take the amendment option off the table and put you back in Tenth Amendment territory. Federalism is “part of the fabric of America” too, after all; as a wise man once said, “It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” Perry’s arguing, I guess, that this experiment is simply too dangerous to conduct — except, actually, he never does say that it’s dangerous. He just says it’s contrary to “traditional values,” a standard that would prohibit “novel social experiments” altogether. And the kicker is that he’s couching his argument in terms of Article V, which is the most “non-traditional” part of the Constitution insofar as it lets future generations change the law as opinions change. Well, opinions are changing. Why use Article V to stop it if you can’t articulate some sort of overweening harm?
- “Gay Marriage vs. American Marriage” by Kay Hymowitz in City Journal
- “Amendments Radical?” by William F. Buckley in National Review
- “National Nuptials” by Stanley Kurtz in National Review
- “A Shotgun Amendment” by Edwin Meese & Matthew Spalding in the Wall Street Journal
Chris Christie and His Islamist Pals
Mohammed is mainly known for the fact that he was the defense attorney for Muslims who were arrested in the wake of 9/11 because of their ties to terror organizations. In one case, Mohammed fought the government’s effort to deport Mohammed Qatanani, the imam of the Islamic Center of Passaic County and an influential member of the extremist — though well-connected — American Muslim Union. Though the New York Times praised him in 2008 during his deportation trial as a “revered imam” and portrayed the case as an overreaction to 9/11, Qatanani, a Palestinian, is a supporter of the Muslim Brotherhood and admitted to being a member of Hamas when he was arrested by Israeli authorities in 1993 before coming to the United States. Though he claimed to be an advocate of interfaith dialogue (and was accepted as such by some liberal Jews), Qatanani was no moderate on the Middle East. His ties to Hamas were well known, and just the year before his deportation trial, Qatanani endorsed Israel’s absorption into an Islamic “Greater Syria.” Qatanani clearly lied about his record as an Islamist on documents that he used to enter the country. But he was nevertheless able to evade justice in the immigration courts because the judge accepted his undocumented claim that the Israelis tortured him.Qatanani also benefited from having some highly placed friends in the justice system as a result of the political pull of the American Muslim Union, which boasts Sohail Mohammed as one of its board members. The AMU was able to get former New Jersey governor Jon Corzine, Democratic Congressman Bill Pascrell, and then U.S. attorney Chris Christie to intervene on Qatanani’s behalf during the trial. As far as Christie was concerned, this was not a matter of merely signing a letter or making a phone call. The day before the Immigration Court announced its decision, Christie actually spoke at Qatanani’s mosque (Qatanani’s predecessor had boasted of raising at the mosque $2 million for Hamas via the now banned Holy Land Foundation) at a Ramadan breakfast dinner, where he embraced the imam while praising him as “a man of great good will.”Terror researcher Steve Emerson was quoted at the time as calling Christie’s involvement in the case “a disgrace and an act of pure political corruption,” especially since “I know for certain that Christie and the FBI had access to information about Qatanani’s background, involvement with and support of Hamas.”
McCarthy on the Secret History of Medicare
Medicare was a scam from the start. It had to be a scam because its ostensible purpose — providing health insurance for the elderly — was never the objective of its proponents. Instead, Medicare was a stepping stone to a utopia its champions dared not acknowledge: A compulsory universal-health-care system administered by government experts. FDR’s Committee on Economic Security initially intended to issue a health-care plan in conjunction with its universal, compulsory Social Security proposal in 1934. As Cato’s Charlotte Twight recounts, the former was dropped due to fear that pervasive opposition among the public and the medical profession would jeopardize passage of the latter. But Roosevelt got right back to it the day after he signed the 1935 Social Security Act, empowering the new Social Security Board to study the “related” area of health insurance.There followed three decades of progressive proposals, each shot down by lawmakers animated by fierce public dissent. The Left realized the dream of socializing the health-care sector was not attainable in one fell swoop, so an incremental strategy was adopted: Get a foot in the door with less ambitious proposals; establish the precedent of government control while avoiding debate over the principle of government control. “Incremental change,” said Medicare scholar Martha Derthick, “has less potential for generating conflict than change that involves innovation in principle.” […]More shrewdly, proponents misrepresented Medicare as an “insurance” program, with a “trust fund” into which working people paid “contributions” and beneficiaries paid “premiums” that would “entitle” them to claim “benefits.” In reality, there is no “trust fund.” Workers pay taxes — at levels that can no longer satisfy the pay-outs for current beneficiaries. This state of affairs was entirely predictable when Medicare was enacted in 1965 with the Baby Boom well underway. Back in the early days, when the program was flush, the surplus of taxes passed from the “trust fund” into the federal treasury, which redistributed the money to whatever chicanery Washington happened to be heaping money on. In return, the “trust fund” got an IOU, which would ultimately have to be satisfied by future taxes (or by borrowing from creditors who’d have to be repaid by taxpayers with interest). And the “premiums” largely turned out to be nonsense, too: The pols endeared themselves to elderly voters by arranging for Uncle Sam pick up more and more of the tab, or by using the government’s newfound market power to demand that providers accept lower payments.When Medicare was enacted in 1965, the inevitability of its many adverse consequences was crystal clear. The system was grossly underfunded. The fee-for-service structure (expertly described by Capretta) was certain to increase costs exorbitantly with no commensurate increase in quality of care (indeed, care is mediocre, or worse). But most palpably, the fact that government was at the wheel made Medicare instantly ripe for political gaming and demagoguery. The ensuing 46 years have not only made the obvious explicit; Medicare and its tens of trillions in unfunded liabilities are actually worse than even its most fearful early critics predicted it would be.
Former House Speaker Newt Gingrich steered the break-out of his presidential campaign into a ditch a couple of weeks ago by suggesting that the Ryan Medicare reform was “right-wing social engineering.” He was wrong, but not for the reason cited by his critics. To be more precise, Representative Ryan’s plan is a surrender to left-wing social engineering on terms the right wing naïvely believes it can accept. Ryan is the darling of a Washington breed of conservative wonk convinced that we can make the welfare state work if we just incorporate a few free-market, family-friendly tweaks […]Reformers such as Representative Ryan always ignore this inevitable trajectory of entitlement politics. They rationalize that they can make a government-sanctioned bribery system run better, or at least preempt Democrats from making it run worse. Hoping to stave off Medicare, congressional moderates in 1960 passed a bill to provide means-tested medical assistance to the elderly. It only greased the wheels for not only Medicare but Medicaid. In Massachusetts, Romneycare was another well-meaning attempt to install a compulsory statewide health-insurance system that would be less autocratic and costly than the one the Left would have imposed. It is, predictably, a disaster that tends toward ever-more-suffocating government control.