These columns represent the views of their authors and do not necessarily reflect the opinions of Nikitas3.com
From the Coalition for Marriage and Family
Michael Leavitt, the secretary of the U.S. Department of Health and Human Services, is proposing regulations to enforce current laws that protect the conscience rights of health care workers. Congress has passed three laws (Church Amendments, Coats Amendment, and the Hyde/Weldon Amendment) over the past 35 years protecting such rights; however, no regulations have ever been implemented.
If these regulations are issued, health care workers who work in programs that receive federal funding—including federal, state and local government programs—would have their right to not participate in such practices as abortion and sterilization protected and would ensure that they are not discriminated against for their choice.
HHS is accepting public comments on these new regulations and we need you to submit comments today. Planned Parenthood supporters have been supplying thousands of comments to HHS opposing any regulations that protect doctors, nurses, pharmacists or others’ conscience. The deadline for submitting a comment (which is viewable by the public) is this Thursday, September 25, 2008.
In submitting your public comments, please provide information to HHS as to your knowledge or lack of knowledge of the conscience protections contained in the law. For instance, did you know that health care providers have conscience protections, or are there examples where an organization you are affiliated with did not know of these rights? Provide examples where a lack of knowledge of conscience rights led to coercion to violate conscience.
Additional key points:
* Please implement regulations that enforce current conscience laws for health care workers, including students in health care schools, many of whom are unaware of their conscience rights.
* Health care workers should not be forced to participate in abortion or sterilization programs, whether directly by performing abortions or by referring for abortions.
* Current law protects health care workers from being discriminated against when they refuse to engage in abortion or other practices to which they have ethical, moral, or religious objections.
* The HHS regulations should define abortion to include the destruction of human life before or after implantation. Such a definition will protect those who reasonably believe that destroying embryos by drugs that may prevent implantation constitutes abortion. Health care workers should not be forced to dispense or prescribe drugs, or perform or refer for practices that they believe involve an abortion.
* Even if there is dispute about whether certain drugs cause an abortion, the conscience rights of those who think those drugs can cause abortion even before implantation should be protected.
Roe v. Wade in the Balance?
From The Committee for Justice
For someone who frets that the fate of Roe v. Wade is "hanging in the balance" in the 2008 election, liberal law professor and potential Obama Supreme Court pick Cass Sunstein was unusually candid in a recent Boston Globe op-ed:
"Roe v. Wade was far from a model of legal reasoning, and conservatives have been correct to criticize it. The court failed to root the abortion right in either the text of the Constitution or its own precedents. Moreover, it ruled far too broadly. ... It is no wonder that millions of Americans felt, and continue to feel, that the court refused to treat their moral convictions with respect."
But, predictably, Sunstein goes on to conclude that "Roe v. Wade has been established law for 35 years; the right to choose is now a part of our culture. A decision to overrule it would ... disrupt and polarize the nation."
As Radford University Professor Matthew Franck notes in response, Sunstein's argument is a classic example of the "ratchet racket," the seeming belief of liberal jurists and scholars that, while precedent can be ignored when moving constitutional law to the left, the resulting new precedent is inviolable. Franck also reminds us that the landmark, segregation-busting Brown v. Board decision overturned a 58 year old precedent.
In his September 13 National Journal column, Stuart Taylor reaches a very different conclusion than Sunstein regarding the precariousness of Roe v. Wade. Taylor, who "lean[s] to the abortion-rights side of the policy debate," believes that "McCain could get Roe overturned only if an improbable chain of events were to unfold."
We agree with Taylor that "it is unclear whether Roberts and Alito, although undoubtedly conservative, will ever join the campaign by Justices Antonin Scalia and Clarence Thomas to overrule Roe." A narrowing of the decision is far more likely. Professor Sunstein can rest assured that, unlike the justices that gave us Roe v. Wade, Roberts and Alito will continue to take a modest approach to tinkering with the current state of the law.
Given the common misconception that Roe is all that stands between American women and the Dark Ages of back-alley abortions, Taylor's most important point may well be that "Even if the Court were to overrule Roe, that would not make abortion illegal. It would merely give states the option of banning or severely restricting abortion. Most would not do so. And women in anti-abortion states would remain free to get abortions elsewhere."
As CFJ executive director Curt Levey explained in a November 2006 op-ed, Taylor's point is strongly supported by the fate of several ballot initiatives that fall. Noting that "[a]bortion restrictions were defeated in South Dakota, Oregon, and California, and voters approved a stem-cell-research measure in Missouri," Levey concluded that "The election results in these four states give us a good indication of what abortion law may look like after Roe's demise. ... In blue states, the legal regime will be virtually unchanged from the heyday of Roe. In moderately red states, compromises between pro-life and pro-choice voters will develop. And, in a handful of very red states, substantial restrictions on abortion will be softened by a number of exceptions."
WHOOPI GOLDBERG
It's a bit of an intellectual leap from Sunstein, Taylor and Franck to Whoopi Goldberg, but that didn't stop her from weighing in on constitutional interpretation during John McCain's appearance on The View recently. A discussion of McCain's views on Roe v. Wade led to the following exchange:
Goldberg: Did you say you wanted strict constitutionalists because that ... (interrupted)
McCain: No, I want people who interpret the Constitution of the United States the way our founding fathers envisioned for them to do
Goldberg: Should I be worried about being a slave, about being returned to slavery because certain things happened in the Constitution that you had to change?
Whoopi's remarks might be humorous were it not for the fact that they are an instance - albeit an extreme one - of another common misconception, namely that progress under the law for the oppressed has come through the "living Constitution" - that is, judicial activism.
What rescued this nation from the ages of slavery and Jim Crow is not a judiciary that imposed its values and social theories on the law. Instead, democratically-enacted constitutional amendments and legislation - and the court decisions that have faithfully enforced them - are responsible for all of the landmark civil rights gains for minorities, women, and the disabled in American history. Judicial activism's most notable "contribution" to civil rights law was the notorious Dred Scott decision, which discovered a constitutional right to own slaves and should forever serve as an awful reminder of the dangers of allowing judges to creatively interpret the Constitution.
A Partnership with Hamas?
by J. Laurence Eisenberg
Secretary of State Condoleezza
Rice continues to travel to the Middle East in a last-ditch effort to
secure a peace arrangement between
Ever since Yasser Arafat’s
demise, Hamas has been in the ascendancy and Fatah, the world’s original
terrorist organization, has been in decline. The divide was formalized
with the elections that put Hamas into power as the majority party and
resulted in de facto partition of Palestinian lands with Hamas governing
The current framework agreement
between the two parties rules out recognizing the existence of
In spite of that “small”
obstacle, America persists in attempting to reach an accord.
A look at Hamas’ charter, full of verbatim recitations from the Koran, is helpful to understand how Hamas envisions a future peaceful Palestinian state:
“The Day of Judgment will not come about until Moslems fight the Jews
(killing the Jews), when the Jew will hide behind stones and trees. The
stones and trees will say O Moslems, O Abdulla, there is a Jew behind
me, come and kill him”.
The charter states that once a
land has been conquered by force it must forever be a Moslem land.
That’s an interesting view since they don’t give the same permanency to
the land when Christians conquered it during the Crusades, or by
“Initiatives and so-called peaceful solutions and international conferences, are in contradiction to the principles of the Islamic Resistance Movement”....
“There is no solution for the Palestinian question
except through Jihad. Initiatives, proposals and international
conferences are all a waste of time and vain endeavors”.
It goes on to tie religion into
the equation, “It is necessary to instill in the minds of the Moslem
generations that the Palestinian problem is a religious problem, and
should be dealt with on this basis.
Isn’t it interesting that the existence of Islamic shrines means so much
to them in terms of justifying the need for an Islamic nation? After
all, they did build the Al-Aqsa Mosque directly on top of the Jewish
Temple and found no similar need for Israel to be a Jewish state given
that its holy sites predate Islamic sites by centuries.
The charter is stuffed full of references to plots
and conspiracies, much of it taken direct from “The Protocols of the
Elders of Zion”. In fact, the charter refers to that anti-Semitic
diatribe as the source of its claims.
It’s a bit scary and more so when we remember that Hamas is supported by
Iran which sees Hamas not only as a thorn in America's side, but as the
vehicle for creating a Palestinian state free of Jews and modeled after
the Iranian theocracy.
So while we in the West are daydreaming about how wonderful things will be for us once America withdraws from Iraq and the Jews in Israel are forced to give land to a new Palestinian state, our enemies throughout the Islamic world, at least as espoused by Hamas, understand completely that it is all one great cultural and religious struggle and they know exactly how they want it to come out.
We should too.
Crucial Judicial Appointments Coming
From the Committee for Justice
With the political conventions over and Congress back for its last few weeks of pre-election business, the final push for the confirmation of President Bush's judicial nominees is on. We'll look at the fight ahead, but first, here's a few words about the elephant in the room, namely the two or more Supreme Court vacancies likely to occur under President McCain or Obama.
In an article about "a fascinating new documentary film" chronicling the Supreme Court confirmations battles of 2005-06," MSNBC reports that Advise and Dissent will be released "as soon as the next vacancy opens on the court." The film was screened in Minneapolis during the Republican Convention. MSNBC asked Committee for Justice's Curt Levey, one of the panelists in the discussion that followed the screening, whether a Republican minority in the Senate would fail to stop an objectionable Obama Supreme Court nominee "just as surely as Democrats did in trying to stop Alito and Roberts":
"It very much matters who Obama nominates," said Levey. If Obama sends up someone like liberal Justice Ruth Bader Ginsburg, then "I think she could be stopped fairly easily because she has such radical views. ... If you had the proper resources to expose her record I think red-state Democrats would go running... As long as we have more than 40 Republicans plus red-state Democrats, I think extreme nominees can be stopped," he added.
More immediately, the battle over the direction of the federal courts centers on the three dozen judicial nominees pending in the Senate, many of whom have been actively obstructed by Senate Democrats. The 28 pending district court nominees have languished in the Senate for up to 22 months, and half of the eight pending appeals court nominees have been waiting for more than a year.
To get a sense of what's possible and reasonable in the remaining months of the 110th Congress, consider this statistic: During the previous three presidents' final months in office - specifically Sept. 1 through Jan. 19 - an average of 2 appeals court and 7 district court nominees were confirmed. Most notably, if we go back even further to Jimmy Carter, we find that Supreme Court Justice Stephen Breyer was confirmed to the U.S. Court of Appeals just a month before Carter left office, despite being nominated less than a month earlier. If not for the Senate's swift action, it is very unlikely that Breyer would be on the High Court today
Of course, Senate Democrats will do their best to fall short of these historical averages, just as they have fallen far short of the historical average (17) for appeals court confirmations by an opposition Senate in a president's final two years. Therefore, the number of judicial confirmations in the final months of the 110th Congress will depend largely on the efforts of the GOP leadership and Judiciary Committee Republicans to press the Democratic majority for action on nominees
Senate Republicans should focus on the following three goals:
1) Take care of the low-hanging fruit. Most importantly, make sure that the two appeals court nominees supported by a home-state Democratic senator - Glen Conrad (4th Circuit) and Paul Diamond (3rd Circuit) - get confirmed.
2) Use all possible leverage to press for action on the three additional appeals court nominees without home-state opposition: Peter Keisler (DC Circuit), Bob Conrad (4th Circuit), and Steve Matthews (4th Circuit). Remind Judiciary Committee chairman Democrat Patrick Leahy of Vermont of his repeated statements that the support of home-state senators is the key to getting through his Committee. And remember that, with four vacancies and a 6-5 GOP-Democrat split, the soul of the all-important Fourth Circuit hangs in the balance
3) Aim to meet or exceed the historical average of seven district court confirmations in a president's final three months. Given the large number of pending district court nominees - most of whom are uncontroversial - this goal is well within reach
Senate Republicans have every reason to make these goals a high priority. Ever since Democratic obstruction of President Bush's judicial nominees became an issue in 2002, the 'judges issue' has been a central element of GOP victories in key Senate races, including John Thune's victory over Tom Daschle in South Dakota in 2004. "There's no doubt in my mind that we won races all throughout the country [on the judges issue]," says Karl Rove.
Conversely, Senate Democrats remember the Daschle defeat and don't want their unprecedented obstruction of judicial nominees - including their hostility to nominees with traditional values - to be a campaign issue. As a result, Republicans will have increased leverage on judges during the current Senate session.
Our 'Friends' in
There is a popular misconception that Europeans have
grown to dislike Americans since President Bush took office.
It’s true that the European press, always very far to
the left, dislikes the Bush administration. But keep in mind that it has
always scoffed at Americans.
There hasn’t been a time in
recent history when the European press has been kind to
In the main, western European
governments - with the exception of the Thatcher/Reagan “romance”, the
immediate past prime minister of
That has never translated into dislike of Americans
by Europeans, however; not yesterday and not today either.
I lived in
Certainly I’ve had complaints
about our foreign policy, but that’s always been true, except for the
time just after the Marshall Plan which helped rebuild
But on the whole Europeans just
haven’t done as well for themselves as
What’s been different in recent times is that our own
press has taken sides with the Europeans and the American left has made
its preference for French and German lifestyles quite vocally.
Unfortunately, not enough
members of the media have taken the trouble to get themselves relocated
to
If you recall, just after the
2000 election, many prominent
Meanwhile that other
super-intellect Madonna moved to
The Bush administration even has
adopted what the press and Democrat opposition wanted - a multilateral
approach to solving the grave problems in
Did that get us any credit at
all? Of course not. Our Democrat loyal opposition did a complete
reversal of position and began to berate the president for not having
bilateral talks with
Nicholas Burns, undersecretary of state for political
affairs - the highest career officer in the State Department - said, “I
think we can say with great confidence, and I think most European
diplomats would say the same, that the (Euro-American) alliance is back
together again.”
Really? I for one don’t think so.
Europeans, both privately and
publicly, seem to agree that they’ve won all their arguments against the
tired Bush administration and that the majority of Americans now share
their view of the war in
It’s also true that many of the administration’s
controversial figures such as former Defense Secretary Donald Rumsfeld
and former UN Ambassador John Bolton, are now gone from the scene.
So are we moving together with Europe to work out the
world’s problems? Probably not. The things that matter most
to us seem to matter little if anything to our European brethren.
Recently the German government hosted celebrations of
the 50th anniversary of the founding of the European Union. German
Chancellor Angela Merkel and the other 26 heads of government used the
occasion to launch the Berlin Declaration which will serve as the
guideline for the road the EU is to take as it evolves.
That document congratulated the EU for its role in
preserving peace and prosperity during the last 50 years and addressed
what they perceive to be the challenges of the future.
So what are those challenges? Do
they share our view that the paramount issues are terrorism, nuclear
proliferation, the dissemination of Islamic ideology through emigration
to
No, none of these seem to be of any concern to our
European brethren.
Instead they see the big issues as being the fight
against global warming and the economic dislocations caused by
globalization, Most importantly they see the institutional shortcomings
of the EU itself as an issue of concern, with the failure of the French,
Dutch and English to endorse the latest EU constitution in the last
plebiscite weighing heavily on their minds.
It’s not just the EU. Last year
there was a NATO meeting in
Our European colleagues,
however, through their defense ministers, just couldn’t come up with any
additional resources. The British and the Dutch truly are already
committed as much as they can be. The rest aren’t. The Germans,
French and Belgians were sympathetic, but not optimistic. They
just don’t seem to share our view of the importance of
So what do we end up with? The important fights the
Europeans seem willing to commit to are over carbon emissions and
subsidies for well-paid workers facing cheap labor competition from
Of course, the number one problem they are addressing
is whether or not the EU should move from a rotating presidency to a
fixed one.
It doesn’t really matter how much we are willing to
accommodate European sensibilities. They are not willing to make any
accommodation to ours, nor are they willing to face the realities of
today’s true threats. They seem to prefer putting their heads in
the sand as long as they can eat well before those heads are cut off.
Keep in mind, however, that even
though
No European nation that has given in to Islamic
pressure has benefited in any way from those surrenders. They still have
to be vigilant and hope they can stay ahead of the terrorists, while
they do absolutely nothing to attack terrorism at its source.
What can we do if diplomacy
yields nothing other than making diplomats feel good that they’ve
secured yet another worthless agreement? We need to apply
diplomatic pressure rather than give in to keep feelings assuaged.
Maybe we need to follow the Rumsfeld plan of continued reduction of
troop levels in “old
Of course, that would make the Europeans face up to the fact that they’ve been spending tons of money on socialist programs while the US defends them.
I for one would like to put our
money and our troops elsewhere and let “old
Of course, the book is still out on just how
pro-American French president Nicolas Sarkozy will turn out to be.
It’s possible that things will work out well for us there after all.
California Extreme: Your Faith of Your Job
By Maggie Gallagher
From the website The Coalition for Marriage and
Family Action
www.coalitionformarriage.org
The California Supreme Court made one thing perfectly clear this week as a matter of constitutional law: When it's a case of religious liberty vs. sexual liberty, sexual liberty wins.
In the case of Benitez v. North Coast Women's Care Medical Group, the California Supreme Court asked: "Do the rights of religious freedom and free speech, as guaranteed in both the federal and the California constitutions, exempt a medical clinic's physicians from complying with the California Unruh Civil Rights Act's prohibition against discrimination based on a person's sexual orientation?"
And the majority flatly ruled: "Our answer is no."
This is unfortunate, since religious liberty is actually guaranteed in the U.S. Constitution. Moreover, the sexual liberty at stake in this case was not the right of an individual to live as one chooses -- to be free from bullying, fear and harassment. It was the right to be protected by the government from the knowledge that one of your fellow citizens disagrees with some of the choices you have made.
The court ruled that even if it had applied the strictest scrutiny, and accorded the doctor's religious liberty the highest level of constitutional protection, the doctor would still lose because the state of California has a "compelling interest in ensuring full and equal access to medical treatment irrespective of sexual orientation, and there are no less restrictive means for the state to achieve that goal."
Equality trumps liberty in the eyes of our courts.
Guadalupe Benitez, a partnered lesbian, chose to be artificially inseminated. She has the freedom to make that choice under California law. The California Supreme Court just transformed that liberty of private action into a powerful new right: the right to use the power of government to force a doctor to inseminate her, regardless of the doctor's own views.
We are not talking here about necessary medical care but an elective procedure -- artificial insemination -- that is obviously fraught with moral issues which are necessarily different from, say, the decision to have your appendix removed or a knee replaced.
I understand even that there are real conflicts in this case. If you are happily planning to have a child, it would be a rude shock, an affront to your feelings, to be told that the doctor is not willing to help you do so.
In this case, the doctor said she was perfectly willing to help treat Guadalupe's infertility -- restoring a natural function of the body -- but she had moral qualms about impregnating (which is basically what the doctor does in these situations) a woman without a husband.
When a man at a bar has such qualms, he's a mensch.
When a doctor at a fertility clinic has the same moral qualms, the California Supreme Court says she is now an outlaw, an evil discriminator.
I understand that irrational prejudices must be contained and stigmatized if we are to have a decent society. I do not understand how any decent society can deem a moral reluctance to create a fatherless child is a hateful and irrational prejudice that must be stamped out.
Furthermore, while at the level of human feelings and dignity both Guadalupe Benitez and the doctor have interests that deserve our consideration and respect, it is very hard for me to view the interests of Guadalupe and the doctor as comparable.
If the California Supreme Court had upheld the right
of conscience, and protected the doctor's religious liberty in this
case, Guadalupe would have had to face the emotional indignity of
learning that this particular doctor disapproves of her choice to make a
fatherless child.
But we live in a marketplace of abundance; she could (and indeed did)
find other doctors who do not have the same qualms.
The doctor in this case has been given an extremely bleak choice: your faith or your livelihood.
Is this really the way a decent society behaves?
Social Security Myths Debunked
From the Internet
Franklin Roosevelt, a Democrat,
introduced the Social Security (FICA) Program. He promised:
1) That participation in the Program would be completely
voluntary (yet now it is mandatory).
2) That the participants would only have to pay 1%
of the first $1,400 of their annual
incomes into the program (yet today SS takes 12.4% of you entire paycheck).
3) That the money the participants elected to put into
the program would be deductible from
their income for tax purposes each year.
4) That the money would be put into an independent
trust fund rather than into the general
operating fund, and therefore, would only
be used to fund the Social Security retirement
program.
5) That the annuity payments to the retirees would
never be taxed as income.
Yet now that many have paid into FICA for years and are now
receiving a Social
Security check every
month they are finding that
they are getting taxed on 85% of the
money they paid to the federal government to 'put away'.
So you may be interested in the following:
Q: Which political party
took Social
Security from the independent
trust fund and put it into the general
fund so that Congress could spend it?
A: It was Lyndon
Johnson and the
Democrat-controlled House and Senate.
Q: Which political party eliminated the income tax deduction
for Social Security (FICA) withholding?
A: The Democrat Party.
Q: Which political party started taxing Social Security annuities?
A: The Democrat Party, with Al
Gore casting the tie-breaking
deciding vote as president of the
Senate, while he was Vice President of the
Q: Which president and political party decided to start giving annuity
payments to immigrants?
Jimmy Carter and
the Democrat Party. Immigrants
who moved into this country began to receive Social Security payments at age
65! The Democrats arranged to
give these payments even though these immigrants never paid a dime into it!
Then, after violating the original contract Democrats turn around and tell
you that the Republicans want to take your Social
Security away!
And the worst thing is that uninformed citizens believe it!
Social Security is not a retirement program! It is a wealth redistribution program! That is why liberals do not want it challenged. It gives them even more power over people! 12.4% of every paycheck in America is a massive concentration of wealth in the hands of Washington.
Bush Plan Responds to Crisis in
by J. Laurence Eisenberg
This column is about crises in
Political turmoil is ongoing,
particularly in
There is always the possibility that
the result could be war between
A joint African Union/United Nations force is supposed to
be taking up position on the border, but its deployment has been beset by
administrative and logistical problems.
Many of President Déby’s tribesmen
are members of the main
It’s almost impossible to separate
the rebellion in
Going back to the Organization of African Unity, is it
possible that the Chadian tragedy exposes the hypocrisy and double standards
of the AU?
At the
The AU ignored Deby’s undemocratic
track record and theft of the country's oil resources and ignored the crisis
in
The trouble in
This crisis resulted in thousands of deaths through
neighbor-against-neighbor violence. Former UN Secretary General Kofi
Annan has called for a resolution, so maybe one will come about. But not
likely.
Finally there is
The recent slaughter in
When Europeans started to buy African slaves, they didn’t
initially go and enslave them; they bought them from established slave
markets run by the Arabs and selling slaves that other blacks captured and
sold.
Of course, European involvement greatly expanded the
slave trade and placed much greater numbers of Africans into slavery to
satisfy the demand for slave labor in the colonies in The Americas. We still
live with the consequences of that today.
Outside of the Arab states of
Today’s African cities were built by
European colonial powers. The same applies to every other modern thing that
exists in
The
However, President Bush pushed
our Congress to pass the largest aid package for
The concept of improving health and education as a basis
for moving from dictatorships towards democracies is at the center of this
plan. And there will be very little credit given to our president for
this effort by the American press, but millions of Africans know about it
and Bush is popular there.
There isn’t and can’t be significant
economic investment in
In other words, massive aid can only
be a stepping-stone to real progress and economic self-sufficiency.
Until such time as Africans clean up their corrupt political systems, no
real progress can take place. Perhaps healthier and more literate
populations will be better able to institute the political changes needed to
move
The Bush economic aid plan is a hopeful start.
How Judicial Activism Threatens Us
by Curt Levey
Mr. Levey recently wrote in a cover story for Townhall Magazine:
[T]he purveyors of judicial activism - and its handmaiden, the 'living Constitution' - try hard to blur the distinction between activist and legitimate court decisions. So it's important to clarify that true judicial activism is marked by the elevation of a judge's policy preferences above objective interpretation of the law, such that the resulting decision is not plausibly grounded in the common-sense meaning or original intent of the constitutional or statutory text at issue.
The article lays out the common forms of judicial activism - construing black as white, twisting legal doctrines beyond recognition, inventing new rights, ignoring old rights, and playing policymaker - while providing examples of each. It then tackles popular but misguided definitions of judicial activism, explaining that a court's decision is not necessarily activist because it 1) overturns actions by the other branches of government; 2) doesn't follow precedent; 3) arguably should have gone the other way; or 4) angers conservatives.
Conservatives have every reason to be angry about judicial activism, but they handicap the battle against it when they overuse the term.
Of course, conservative judges are sometimes guilty of activism themselves. But for the most part
[C]onservative judges can't compete when it comes to judicial activism, because they're not even trying. Sure, their biases sometimes cloud the objective interpretation they shoot for. But many liberal jurists don't even shoot for objectivity. Instead, they are proud of belonging to the school of judging exemplified by Barack Obama's yearning for a judge who will 'bring in his or her own perspectives, his ethics, his or her moral bearings.'
Because judicial activism is such a jurisprudential disgrace, it's easy to overlook the specific reasons why it is dangerous. Accordingly, the article reminds us of eight such reasons:
1) Because judicial activism lacks any standards, it cedes unchecked power to judges.
2) Judicial activism is intentionally anti-democratic. The progressives who fuel judicial activism from inside and outside the judiciary are committed to using the courts to achieve political agendas that are too far out of the mainstream to be enacted through democratic means.
3) Judicial activism is part of a concerted effort to impose the values of the intellectual elite on the average American.
4) Judicial activism compromises American sovereignty by encouraging reliance on international law. After all, when you're discovering new rights, you may not be able to find any support in the myriad of domestic sources of law.
5) The Framers provided us with a democratic method of constitutional evolution, namely the amendment process. But the amendment process has withered [b]ecause of the availability of an easy alternative - judicial activism.
6) As Roe v. Wade exemplifies, judicial activism [d]istorts the political process and prevents compromise.
7) The circus that judicial confirmations have become is the inevitable result of judicial activism, which sanctions the politicization of judging, while also raising the stakes in selecting judges who will wield nearly unlimited power.
8) The greatest evil of the so-called
'living Constitution' is the harm done to
Given the danger posed by judicial activism, it is no wonder that:
The American people ... are acutely aware of the problem. ... [A] 2005 survey by the American Bar Association revealed that Americans, by an almost two-to-one margin, agree that judicial activism seems to have reached a crisis. Judges routinely overrule the will of the people, invent new rights and ignore traditional morality.
McCain is Better for African-Americans
by Frances Rice
In his "I Have a Dream" speech, Dr. Martin Luther King, Jr. said: "I have a
dream that my four children will one day live in a nation where they will not be
judged by the color of their skin, but by the content of their character."
Character is defined as the essence of a person and
determines a person’s judgment, or what a person will do when no one is looking.
Dr. King’s admonishment is relevant during this 2008 election, and black
Americans should evaluate the candidates based on competence to be our Commander
in Chief, not skin color. We need the right president, not just a black
president.
So, who has the character and judgment to be our president? We believe it is John McCain.
McCain The Statesman
► McCain is a man of courage and integrity.
Senator John McCain is a war hero who
was tortured as a prisoner of war while serving his country with honor and
distinction. He has championed
campaign finance reform and has a proven record of ensuring that legislators and
policy makers put the interests of the American people above those of special
interests.
In spite of efforts of his detractors
to tarnish his image, McCain remains a
champion of the people, and his long voting record demonstrates his sound
judgment.
●
Notably, in its final
► McCain supports
black political and economic equality. McCain
supports policies that are better for urban communities because his policies are
based on helping the poor with a hand up, not a hand out.
His philosophy is founded on the fact that if you give a man a fish, he
will eat for a day, but if you teach a man how to fish, he will feed himself for
a lifetime. In addition to the $500
billion that is spent each year on poverty programs, McCain wants to enact
policies that encourage personal responsibility and bring an end to the failed
socialist policies of the Democrats which foster dependency on government
handouts and generational poverty.
► McCain supports
school choice scholarships.
McCain supports
quality education for blacks. He
sides with black parents who want school choice scholarships, home schooling and
charter schools. He believes that
competition is the key to success in educating our children.
He understands that if educators
concentrate on teaching well, the passing of standardized tests will come
naturally. McCain believes that the
tax payers’ money for education belongs to the people, not the buildings
controlled by the teachers’ unions.
► McCain favors
religious freedom in pubic places.
McCain voted yes to
legislation that says putting up religious symbols and praying on public school
campuses as part of a memorial service does not violate the First Amendment to
the Constitution. The law also
provides legal assistance to any government entity defending these religious
freedoms. McCain supports protecting
the unborn and the Defense of Marriage Act which helps preserve marriage as a
union between one man and one woman.
► McCain wants to
lower taxes and gas prices.
McCain supports our
free market economy based on the principles of limited government and low taxes
for both families and small businesses.
These principles have led to
► McCain supports a strong national defense.
McCain understands that the first obligation of our president is the safety and
security of this nation and the men and women who defend it.
He has the military experience, judgment and principled leadership to be
our Commander in Chief. McCain advocated
the surge strategy in
How Obama Could Shape the Supreme Court
by Curt Levey
"Among the starkest contrasts between John McCain and Barack Obama is the dramatic difference in their promised approaches to judicial appointments, especially to the closely divided Supreme Court.
So begins the cover story in a recent issue of National Journal, which analyzes what an Obama and McCain Supreme Court would look like. We focus here on the article’s observation that Barack Obama “exudes determination to move the [Supreme] Court sharply to the left.” That warning has been heard before, but the stature and nonpartisan reputation of the article’s author, former New York Times Supreme Court reporter Stuart Taylor, gives the warning added credibility. Taylor – who called the Bush Administration’s handling of enemy combatants “a global scandal” and accused the High Court’s conservative bloc of "colorblind Constitution absolutism” – is no conservative.
The virtual certainty of an increased post-election Democratic majority in the Senate means that Obama is “far more likely [than McCain] to get the Senate to confirm just about anyone he chose,” says Taylor. As a result,
“The door would be open for Obama, if he were so inclined, to appoint the kind of crusading liberal that the Court has not seen since Justices William Brennan and Thurgood Marshall retired in 1990 and 1991 – or, for that matter, to appoint Hillary Rodham Clinton if she wanted the job.”
Taylor notes that Obama might “disappoint” some of his most fervent supporters by appointing a “moderate-liberal consensus-builder” to the Court. But that possibility rings hollow when Taylor reminds us that Obama cited former Chief Justice Earl Warren, the father of liberal judicial activism, “as a model for the kind of justice he would pick.” If we take Obama at his word, a likely pick would be Second Circuit Judge Sonia Sotomayor, who Taylor lists among “the most-talked-about prospects” for an Obama Supreme Court. A bright but ultra-liberal Hispanic woman, Sotomayor would allow Obama to check three boxes with a single pick. The mere mention of her name brings fear to in-the-know conservatives
Were Sotomayor to replace 88-year-old liberal Justice John Paul Stevens, the Court’s shift to the left would be muted. However,
“[A] Scalia or Kennedy retirement would enable Obama to move the Court dramatically to the left, creating a solid liberal majority for the first time since Chief Justice Earl Warren retired in 1969.
That very real possibility should frighten conservatives all the more when they consider that
1) by the end of an 8-year Obama presidency, Justices Scalia and Kennedy would be 80 years old, an age most men never reach, and
2) given the damage the Supreme Court has done to the rule of law since 1969, imagine what the Court would do if it regained a “solid liberal majority.
In fact, not much imagination is necessary, because Taylor lays out the possible agenda of an Obama Supreme Court. For easy reference, we have transformed Taylor’s “conservative nightmare” scenario into a Top Ten List (while retaining his wording)
Top Ten Things to Expect from an Obama Supreme Court:
#10 – expanding and perpetuating the use of racial preferences
#9 – creating new constitutional rights to physician-assisted suicide and human cloning
#8 – expanding judicial oversight of military detentions and CIA interrogations
#7 – prohibiting tuition vouchers for religious schools
#6 – banning the death penalty
#5 – requiring taxpayers to fund essentially unlimited abortion rights
#4 – creating new constitutional rights to massive government welfare and medical care programs
#3 – stripping "under God" from the Pledge of Allegiance
#2 – eroding property rights
#1 – ordering all 50 states to bless gay marriag
Of course, this “conservative nightmare” is a “liberal dream” for Obama's most enthusiastic supporters. It’s no wonder that the issue of judicial appointments looms large in this year’s race for the White House.
Put
by
"We were on top of the world" in 1986, said Michael J.
Widmer, president of the Massachusetts Taxpayers Foundation. "The economy was
booming and spending growth was in double digits." According to a Boston
Globe retrospective on those bright economic times, “The Bay State was
At that point, the
Ending the Massachusetts state income tax and rolling back
state government spending to $18.7 billion would put our state economy "on top
of the world" - again.
But some people are trying to stop this from happening.
Governor Deval Patrick
said it’s “a dumb idea.” He called it “irresponsible” and “foolish.”
Massachusetts Teachers Association president Anne Wass
labeled it “wacky” and “wrong-headed.” They’re
speaking about the ballot initiative to eliminate the
In 2002 a similar initiative attracted 45% of the vote.
This time taxpayers just may be in a mood to go all the way, especially
if they remember how the legislature has treated them in the past on taxes.
Background: In 2000, the citizens of Masschusetts passed
a ballot
question reducing the income tax rate to 5%. After the initiative passed, House
Speaker Thomas Finneran said, "The voters have spoken. We'll abide by it. There
won't be any attempt to cushion it, modify it, tailor it in any way. I respect
their grasp of issues and I respect the position they take on an issue like
that. There won't be any problem with us. We'll implement it."
Sounded great.
Didn’t happen. The legislature blockaded it, and the best that voters can hope
for now is for a 5% rate by 2014, if “economic triggers” defined by
Or taxpayers can
take more immediate and dramatic action and eliminate the income tax altogether.
Would it be a
catastrophe? Or would it be the most powerfully transformative event in
What would it mean if
people suddenly found the
“The most
valuable natural resource in the 21st century is brains,” says tech-savvy Rich
Karlgaard, publisher of Forbes magazine.
“Smart people tend to be mobile. Watch where they go. Because where they go,
robust economic activity will follow.”
They don’t go to
The cost of this exodus is incalculable, and when human capital is appreciating
faster than any other resource, it’s something no state can afford when 49
competitors are lined up at the door.
Especially when most of those states are much friendlier to taxpayers
than
Income tax receipts in
Nine states—
Or is it just
politicians in
An Open Letter To Sen. Obama From Black Republicans
At a fundraiser in
Since Obama wants the American people to believe he is
disgusted by racism, we call upon Obama to condemn his fellow Democrats for
their Jim Crow-style racist attacks against black Republicans because we do not
adhere to the Democratic Party’s liberal agenda.
More specifically, we ask Obama to
condemn Democrat Senator Joe Biden who boasted proudly on FOX News that his
qualification to be president was enhanced because his home state of
We request that Obama denounce Democrat Senator Ted Kennedy
who called black Republican judicial nominees, including Justice Janice Rogers
Brown, "Neanderthals."
We ask Obama to condemn Democrat Senator
Harry Reid who appeared on Meet the Press and attacked black Republican
Supreme Court Justice Clarence Thomas, demeaning the justice as an incompetent
Negro, incapable of writing good English. “Slap at Thomas stinks of racism,” was
the headline of the New York Daily News’
We request that Obama denounce the
Democrats who threw Oreo cookies (black on the outside and white on the inside)
onto the stage during an appearance of
We ask Obama to condemn the Democrat bloggers who posted a
doctored photo of Michael Steele on the Internet, depicting him as a “Simple
Sambo” with a Jim Crow-era “black face,” nappy hair and thick red lips.
We request that Obama denounce the two members of the
Democratic Senatorial Committee (DSCC) who resigned in September 2005 after
admitting they illegally obtained Michael Steele’s credit report in a violation
of the Fair Credit Reporting Act, a federal offense. The two culprits were Katie
Barge, the DSCC’s research director who pled guilty to a misdemeanor, and her
deputy, Lauren Weiner.
We ask Obama to condemn the Democrat talk show hosts and
cartoonists who denigrated Dr. Condoleezza Rice after she was nominated by
President George Bush to be the first black woman Secretary of State.
Cartoonist Pat Oliphant drew Dr. Rice as a big-lipped, buck-toothed squawking
parrot Cartoonist Jeff Danzinger depicted Dr. Rice as a stereotyped “mammy,”
barefoot and ignorant. Democrat Ted Rall referred to Dr. Rice as President
Bush’s “House [N-word]”. Democrat John Sylvester characterized Dr. Rice on his
radio talk show as a stupid, servile black woman, calling her an “Aunt Jemima”.
We request that Obama denounce Democrat Senator Robert Byrd, a
former “Kleagle” in the Ku Klux Klan, who led other Democrats, including
Senators John Kerry and Barbara Boxer, in a filibuster of Dr. Rice’s
confirmation when she appeared before the Senate for her hearing.
We ask Obama to apologize for writing a letter in support of
Byrd, considering the following facts about Byrd.
*In 2001, Byrd was forced to apologize for using the N-word on
television.
*Byrd pushed to have the Senate’s main office building named
after Democrat Senator Richard Russell, Byrd’s mentor and leading opponent of
anti-lynching legislation.
*Byrd, along with Democrat Senators Sam Ervin and Albert Gore,
Sr., was a chief opponent of the 1964 Civil Rights Act and filibustered against
the bill for 14 straight hours before the final vote.
*Byrd, along with other racist Democrats, smeared Dr. Martin Luther King, Jr. during the 1960s. This racist attack on Dr. King was ongoing when Democrat President John F. Kennedy had Dr. King wiretapped and investigated by the FBI on suspicion of being a communist in order to undermine Dr. King.
The relentless disparagement of Dr. King
by Democrats led to his being physically assaulted and ultimately to his tragic
death. In March of 1968, while referring to Dr. King's leaving
We request that Obama apologize to all black Americans for the Democratic Party’s 200-year history of racism against all black Americans as exposed in the books Unfounded Loyalty by Rev. Wayne Perryman and A Short History of Reconstruction by Dr. Eric Foner.
We ask Obama to embrace the 2006 report
by the Commission appointed by
In a letter to the North Carolina
Democratic Party, Lt. Governor Richard H. Moore wrote: “We can no longer
ignore the fact that many of us grew up being taught a much sanitized – and
inaccurate – history…. The truth is ugly.”
If Obama refuses to condemn the Democrats for their racist past and current race-baiting against black Republicans, then what right does Obama have to preemptively accuse Republicans of using racism against him?
Smith College flunks free speech lesson
by
It’s no surprise that Smith describes itself as “empowering”
and "transforming.” According to its promotional material, the college is
“heady, nervy, intellectually exciting.” With its history of promoting civil
rights even under hostile circumstances, this is clearly not a campus that would
blatantly crush free speech.
But on
This turned out to be too much for
today’s
Not according to Simon LeVay, a gay neuroscientist, and one
of the worlds foremost voices promoting the paradigm of biologically-based
homosexual attraction. Even so, LeVay points out that the scientific community
is unsettled on the “gay gene” debate and in a current PBS report about the
‘nature versus nurture’ controversy, he asks, “Are the positions taken by
researchers merely the expression of their own personal attitudes and
prejudices—whether pro-or anti-gay—that have been dressed up in academic
language?"
This is precisely the type of question that students at an
“heady, nervy, intellectually exciting” college ought to confront at a
presentation like Sorba’s. Instead, they shut it down, violating the spirit of
inquiry and academic integrity on which Smith was founded.
In the cacophony after Sorba was driven from the library, an
attendee captured the floor for just a moment: “You guys are all cheering and
that’s great. I understand you’re excited. You won. But what did you really
win?”
Excellent question.
In August 1814, the desperate British military
burned the Library of Congress. In the aftermath, Thomas Jefferson wrote; "I
learn from the newspapers that the vandalism of our enemy has triumphed at
The British book-burning rampage was no
worse than what happened at
And did it escape the Smith censors’ notice that Sorba’s book
was still in draft form at the time of the incident? His presentation offered
the perfect opportunity for listeners to expose flaws in his book through
rational critique prior to its publication. But rational critique has been
chased out by a dangerous form of political correctness that threatens the
foundations of free inquiry and ordered liberty.
On the day before Ryan Sorba was silenced at Smith, the
American Psychiatric Association provided a foreshadowing of events in
Northampton when it pulled the plug on a Washington, DC conference session
titled "Homosexuality and Therapy: The Religious Dimension." David Scasta, the
gay psychiatrist and former APA president coordinating the symposium said, "It
was a way to have a balanced discussion about religion and how it influences
therapy. We wanted to talk rationally, calmly and respectfully to each other.”
But the panel’s headliner,
But isn’t “showing up” for the debate integral to our civil
liberties? Isn’t the guarantee of free speech inseparable from the full
enjoyment of first-class citizenship? And isn’t censorship of ideas other
than one’s own a hallmark of totalitarianism?
The answers are powerfully obvious.
The Threat is from Radical Islam - Part 2 (Part 1 below)
by J. Laurence Eisenberg
If you pay attention to popular misconception, Arabs fear Christians because
1,000 years ago Crusaders invaded Arab lands and sought to rule over Islam.
And Arabs hate Jews because Jews took over Muslim lands and imposed a
Western democracy where it doesn’t belong.
And none of this is true.
The prophet Mohammed had his visions in
Long before Mohammed had his visions, all of
Mohammed expanded his newfound religion into
By then the Western Roman empire had collapsed and the Eastern empire, based in
Constantinople, was being pressured by the Ottoman Turks.
When the first Christian Crusaders arrived, the only
people in
No doubt there was lots of slaughter committed by both
sides as the
Historically, the Crusaders never invaded a single Arab
land outside of
They felt no need to rush into
Even after the Arabs seized the holy lands and established their Arabian empire,
it didn’t last long, i.e., Arab control of Arab lands.
What followed the brief period of Arab rule of Arab lands
was the complete takeover of those lands by the Turkish Ottoman empire.
It was Muslim Turks who ruled, oppressed and held down their Arab
subjects for hundreds of years, and they ruled until the end of World War I when
Turk-governed lands were handed over to
The English gave independence to the newly created nation
of
Yet it is that very brief period of colonial rule upon which Arabs place every
grievance, and for which they absolve themselves of the virtual stone-age
existence they lived until very recently.
Charles Krauthammer recently wrote an article analyzing
why it is that all so-called peace talks involve
Krauthammer’s point was that the real anniversary of that
war ought to have been
That UN buffer separating
This is vital to understanding
Israel understands, or at least understood, that the UN and any promises made by
an Arab dictator are completely unreliable.
I took my late mother to a benefit performance of Nozze di
Figaro at
We discussed what might have happened if President
Eisenhower had not pressured
I don’t know the answer to that, but it seemed to both of
us at that time that the
My point is that our State Department is always in favor of exchanging real
things for unenforceable promises. It was that way when Eisenhower was president
and has been ever since. It’s possible that we won World War II because the War
Department, and not the State Department, was the dominant agency.
We are once again engaged in wishful thinking about
"working things out" with a country like
The campaign of the Islamists will not stop. A recent
release from the
UCU is
True to the nature of such institutions purporting to represent free speech,
open mindendness and liberal thoughts, it ceases dialogue and boycotts “all
information and discussion” - an example of how liberals see such things.
We are in a death struggle with Islam. We are not going to
survive taking legal actions and talking to liars.
One of our greatest potential allies in this struggle is
We’ve done a lot to infuriate the Russians, and President Putin has done many
things to cause us grief, particularly limiting freedoms within his nation.
It’s great that President Bush is
reviving their earlier friendship and working on the two key issues of the day:
Autonomy for Kosovo and the establishment of US missile bases in the
Our planned bases in the region are for the express
purpose of positioning anti-missile interceptors to guard against missile
attacks from
President Putin probably would give up his objection to the missile bases if we
would, as we should, give up support for Kosovo’s independence, which is a
really bad idea. Because Kosovo is not, nor has it ever
been, an independent nation. It’s never been a nation. It’s always been a
Unfortunately for the Serbs, Kosovo has had a majority Muslim population since
the Turks conquered that area and converted many Christians to Islam. Recently
that population has been swelled by the immigration of ethnic Albanians.
Why is it that we always side with Muslims against
Christians? Where is the sense in
that? It is true that
They now have a new government, probably have learned their lesson and there is
no real reason why a piece of their country should be torn away from them.
And we had better be careful in that regard, because we in
America have large states which now have growing alien populations that may push
to separate
Why not if Kosovo is a precedent?
Certainly President Putin sees that analogy as it could
apply to
Most of us can tell them why not.
The
Did we earn a lot of goodwill in the Muslim world for those efforts?
Of course not. Need we be reminded
that the recent attempt to break into Fort Dix in New Jersey to murder American
servicemen was perpetrated by ethnic Albanians from Kosovo? They care not a whit
about whatever good we may do for them, nor will they ever stop trying to kill
us.
Fortunately, we’ve done very well
protecting the homeland during the years since 9/11.
But we must be on guard. Muslims living in the
We may now be on the road to forgetting all about 9/11.
The recent Supreme Court ruling will effectively relegate terrorism to a
criminal act subject to prosecution in the courts as it was during the
Meanwhile presidential candidates and our State Department
are calling for dialogue with
And that is a course of action that we should avoid at all costs.
Compassionate Capitalism
by Matt Kinnaman
1981 was an
eventful year. Ronald Reagan was
inaugurated President of the United States, George Gilder published his
best-selling economic treatise Wealth and
Poverty, and an obscure, hard-luck door-to-door salesman named Chris Gardner
tried against all odds to become a stockbroker.
The decade to follow—the 1980s—opened new horizons of
economic prosperity, cleared a path to the longest peacetime economic boom ever,
and established a new understanding of the essential goodness of capitalism.
By the close of the millennium in 1999, GDP had nearly
doubled, 35 million new jobs had been created, industrial production was up
nearly 80%, and the stock market, in which nearly half the nation had become
investors, grew in value 15% annually.
Even so, the mainstream media and the political left have been fixated ever since on an apparition they call the “go-go 80s,” a dark episode that lurks in their imaginings as “the decade of greed.” And ever since they've grown old watching re-runs of a 1986 anti-capitalist Hollywood movie called Wall Street.
In 2008 we need to take a closer look at
a very different film called The Pursuit
of Happyness.
Released in December 2006 and starring Will Smith,
The Pursuit of Happyness dramatizes
the real-life story of Christopher Gardner, a flat-broke single parent fighting
to rise from homelessness and poverty, impelled by a belief that economic
success comes not from greed but from specific traits of moral character.
Struggling in
In the film the word 'happyness' appears
as misspelled graffiti outside the daycare center
Benjamin Franklin (“Early to bed, early to rise makes a man
healthy, wealthy and wise"), Thomas Edison (“Success is 1% inspiration, 99%
perspiration”) and other leading lights recognized long ago that quantitative
economics has at its foundation an indispensable qualitative aspect, that true
success is not driven by short-cuts and greed, but by the self-sacrificing moral
decisions of enterprising individuals.
In
The Pursuit of Happyness the most resonating quote from the Wall
Street film -- "Greed is good" -- is finally faced down by
Gardner’s
real-life struggles in 1981 were being illuminated that year by George Gilder’s
publishing hit Wealth and Poverty in
which Gilder explained that greed cannot possibly account for the immense
generosity and preemptive sacrifices practiced by entrepreneurs and capitalists.
“The
moral core of capitalism,” writes Gilder “is the essential altruism of
enterprise.” Entrepreneurs are motivated to create value
for others. Only then do
they receive value in exchange—but the sacrifice comes first, before the
possibility of any return, and the determination of the returns remains always
in the hands of others.
That’s why
The Pursuit of Happyness matters. As
his life unravels,
Whether
In 1981 Ronald Reagan’s historic
across-the-board tax cuts launched an unprecedented economic boom, igniting a
world-wide expansion that is still underway driven by millions of Chris Gardners.
Reagan switched it on, Gilder explained it,
As they push tax hikes and persist in characterizing profits
as “greed,” let’s hope that Senator Obama and the Democrat majorities in
Washington and Boston get the 1980s figured out before it’s too late. If they
do, it will transform their politics, and their economies. And that will
transform millions of American lives for the better.
The Threat is from Radical Islam (Part 1)
by J. Laurence Eisenberg
A TV ‘talking head’ recently said that we should no longer be saying that we are fighting just Al Qaeda, but rather that we should group it with Hamas, Fatah, and Hezbollah and just come to the realization that we are at war with militant Islam.
And he was right.
We’ve been too preoccupied with political correctness to face reality, so we do
our best to appease the Islamists and try to compartmentalize the danger.
That’s a path to disaster and the end of our civilization.
When I say ‘civilization’ I mean Western civilization, not some
hodgepodge amalgamation that the multiculturalists want to foist upon us.
At the moment, only one Muslim nation is a member of NATO,
and that nation is also trying very hard to gain admission to the European
Union. That nation is
But now
And:
“By Allah’s grace we are Sharia-ists! We will turn
Should
Yes. If Erdogan has his way,
Erdogan may not be able to succeed in changing the hearts
and minds of
Naturally anyone with these sentiments is called an “islamophobe”.
But some fears are certainly justified.
When the Organization of the Islamic Conference met, the foreign ministers
attending called islamophobia “the worst form of terrorism”.
Can you imagine that? The ministers warned that this form of discrimination
would cause millions of Muslims in Western nations to be further alienated.
In the
And indeed the imams filed a lawsuit that intended to hold not only the airline, but also the suspicious, frightened and complaining passengers liable for what the imams call malicious complaints. But what really are seeking to do is to force airline passengers into the state of passivity that existed before 9/11.
Fortunately, Republican congressman Peter King of
But it's not just airline travel that we need to fear.
A recent Pew global attitudes survey found that younger Muslims in the
In fact 26% of these younger Muslims feel that way and 28% do not believe that
Muslims carried out the 9/11 attack.
It seems as if American Muslims are becoming more militant
and radicalized than their parents.
At present there are 2.5 million Muslims in
Why should we fear Sharia law?
Sharia doctrine allows for killing of apostates, polygamy,
and the beating of women. It permits
slavery, and there are many slaves throughout the
Sharia law does not grant equal weight to a woman’s testimony in court, and
women are not allowed to marry whom they please or dress as they wish.
The list of misogynous laws and regulations is way too long to detail.
Meanwhile Islamic militants attack people of other faiths
as well as other Muslims. Aside from 9/11,
And it’s not just Christians and Jews that they seek to
destroy. There is ongoing murder of
Buddhists in
More than 200 Hindus were slaughtered in the Mumbai (
Most of all, militant Muslims kill other Muslims and there is no outcry anywhere
on the globe.
Have you ever seen a Muslim
demonstration anywhere decrying the Shia/Sunni Muslim-on-Muslim violence in I
American Muslims protest targeting of suspicious passengers like the 'flying
imams', but say nothing about militants beheading innocent Westerners. And we
need to see some concern over the latter before we can feel comfortable having
so many Muslims in our midst.
Recently news was made when
It doesn’t matter how good Ambassador Crocker feels about the meeting. It
doesn’t matter what statements of mutual interest were made, or what promises
Iran made. None of it is real.
Whenever a diplomat says that issues were dealt with in a very frank and
transparent way, it translates to “nothing was or will be accomplished”.
This is worthy of mention because so many of our politicians --
particularly Democrats, but including
some Republicans - advocate dialogue with Iran as if there were any possibility
of appeasing a nut like Ahmedinejad or the ruling mullahs.
The reason such appeals to reason are made in the first place is that those who
oppose military action or even less aggressive, but forceful pressures such as
embargos, boycotts and confrontation in the political arena, have no other way
of confronting evil. So they go the way of hope; they want to “give peace a
chance”.
These are the same folks who were satisfied with the
outcome of the
Islamic militants who are the
driving force in Islam today are seeking the destruction of Western
civilization, secularization, democracy, liberty, equality and the freedom to
worship. There is really nothing else that drives these people and it certainly
isn’t the existence of the state of
(This column will be continued in another segment.)
Time for
As the cradle of the American republic,
But times have changed. Instead of being
attracted to ultra-liberal
Not long ago, “Make it in
When Ed King died in 2006, making it in
According to Chief Executive
magazine’s rankings of the “Best and
Forbes’ annual ranking of “The
Best States for Business” puts
The Tax Foundation assigns other unhappy
numbers to
Why is this happening? Because somewhere along the way,
despite its lofty historical and geographical vantage point atop Boston’s Beacon
Hill, the Massachusetts legislature lost its vision, and instead of creating
incentives, it spent its time formulating high taxes and weaving tangled
regulations that have smothered and strangled business growth.
Commenting on the situation, Michael D. Goodman, director of
economic and public policy research at the University of Massachusetts' Donahue
Institute, said that ''Absent some significant policy action, absent some
renewed economic growth and job growth in particular, I think the population
trajectory for Massachusetts is very troubling. We fail to act at our own
peril."
148 years ago, on April 3, 1860, Pony Express service began,
with tag-teams of riders and horses racing to cover the continent in an
unprecedented 10 days, creating the fastest method of information delivery yet
devised. It seemed like a good idea at the time.
Then, a mere year-and-a-half later, on
In 1819 Chief Justice John Marshall
wrote in McCulloch v.
It’s predictable. When there’s a better
way to do things, free people will gravitate to it. They abandoned the Pony
Express because it became too expensive; it was fraught with unnecessary
difficulties and adverse conditions. Today, many business owners and young
workers feel the same way about
Can
What must the legislature do?
Create a tax structure that makes it
more attractive to live and do business in
What must the people do?
Hold them accountable.
Now, that’s the spirit of
The President’s Middle East Plan
by J. Laurence Eisenberg
In his last year in office, President Bush wants to move the so-called Middle East peace process along as much as he possibly can. Unfortunately there is little American media coverage about what’s in this process. To get a feel for what is going on, one needs to look at news, editorials and opinion pieces in The Jerusalem Post and other foreign sources.
There is actually quite a lot of activity in addition to terrorist activities
from Hamas, Hezbollah and Al Qaeda. Those things are
reported. We hear of it whenever a bomb explodes in
So let’s take a look at what’s really going on in the
President Bush sincerely
wants to effect change and get things started to establish a two-state solution
to the Palestinian issue, however futile such an effort may appear at this time.
That means that several things need to be
addressed and agreed upon:
*Borders of the two states need to be established
*Some part of
*The Palestinians must recognize the permanent existence
of
Secretary of State Rice has been traveling around the
region trying to get some accommodation on Israeli settlements in what will
eventually be Palestinian areas, particularly the
At the
He met with Israeli officials on December 18 to discuss this.
Options under consideration include use of NATO or UN
forces, or troops from neighboring countries such as
There is deep disagreement on this issue. The Palestinians want all settlements
removed and the security fence removed.
The Israelis want to keep at least some strategic settlements and, of
course, the fence.
It’s not just an end to new settlements that is
envisioned. The framework includes
stopping construction of new apartments in
The most realistic way to achieve this process would be to get Israeli agreement
to stop building new settlements and to leave the rest to future negotiations.
The matter of
Nevertheless, Israeli Foreign Minister Tzipi Livni has met with Palestinian
negotiator Ahmed Queri to work out details of how this will happen.
One needs to recall that when
The third issue – recognition - is
the most difficult of all. To this day, Palestinian maps and all other Arab maps
don’t show
One can see the start of efforts to help Fatah regain power and to eliminate or
dramatically reduce Hamas as a political force.
There are a few problems with that solution, however:
Hamas appears to be much stronger than the more moderate
Fatah and enjoys considerably more military and financial support from Muslim
states, particularly
Absent that, what solution
could there be?
A Palestinian state comprised only of the
Even Fatah’s promise to recognize
This is the so-called “secular” state solution that has
long been suggested by the Arabs, and why not? The end result would be the
elimination of
We should not be entirely negative.
One has to acknowledge that some progress was made at the
It seems likely that Arab participation was motivated more by fear of
fundamentalist revolution in their own countries than anything else.
It’s in their own interest to do something to hamper Hamas, because Hamas
promises an Islamic state and that’s the kind of thing that could cross borders.
Starting a process could last years
and puts more support on Fatah, weakens Hamas and helps countries like
It is important to keep in mind that President Bush says
that he hopes to have an actual peace treaty signed before he leaves office less
than a year from now. That’s highly unlikely. Most likely the real objective
here isn’t to reach an agreement such as was attempted by
Such an agreement simply isn’t likely under current circumstances.
A more realistic accomplishment would be an agreement on a framework for
an eventual settlement, maybe many years from now. The best practical outcome
would be to establish targets and set up working groups tasked to come up with
the eventual accords.
When President Bush went to
His earlier visit started a deep friendship with Prime Minister Ariel Sharon,
who was his host. Bush came away
from that trip with deep affection and admiration for the Jewish state and his
actions as president have reflected those feelings.
It’s no wonder that Prime Minister Olmert
referred to President Bush as
So why is it that in spite of Bush’s obvious support of Israeli positions that
so much is done to keep the Palestinians afloat?
We need to consider two things:
Our State Department has supported Arab causes throughout its history.
Pleas keep in mind that in the entire world there are only about 5,000
American foreign service officers in the career diplomatic corps.
The other 40,000 employees in the State Department are all civil
servants, almost immune from any kind of discipline or pressure.
The diplomats don’t create policy; they are tasked to implement it.
Policy is made by the career desk officers and the deputy assistant
secretaries and assistant secretaries who supervise them.
In theory, the secretaries, who are primarily political appointees should be
supporting the policy of whichever administration is in power.
The reality is that these political appointees generally know very little
about the core issues and depend a great deal on papers, draft policies and
briefings by the career staff.
The career civil service in Washington is mostly left-leaning and to some degree
anti-Semitic. Meanwhile, almost all
of our Secretaries of State and the other political appointees have moved away
from whatever their original opinions may have been to those of the State
Department’s Arabists. That
particularly affects Republican administrations since Democrat administrations
of recent years have tended to be more leftist.
Our nation’s left wing, particularly in the media and in
So we are left with this seeming incongruity - a significant portion of
America’s Jews are sympathetic to the Palestinian cause, while virtually all
Christian conservatives support Israel unequivocally!
This situation looks hopeless.
As things are, we can’t expect much real progress to be made in the near
future. In fact there is great danger to
the continued existence of
But history has often been influenced by completely unforeseen events.
Maybe the majority of Palestinians will tire of continued violence and
refuse to follow radical leaders.
Maybe a great leader who genuinely desires peaceful coexistence will emerge and
make great changes.
No one can possibly foresee these things.
However as things stand, this appears to be not much more than posturing for
domestic audiences, an effort by politicians to be seen as trying to do
something.
More Scientists Doubt 'Warming' Theory
Ronald Reagan’s inauguration was still 555 days away when Jimmy Carter’s
presidency unofficially ended on
Carter never recovered.
In a speech on
On the same day, Al Gore was addressing the graduates of
Before being drawn
irresistibly into the Obama-Gore-Carter vortex, voters might want to hear some
breaking news. The day after Obama
and Gore warned that the sky is falling just like Jimmy Carter said, an
announcement at the National Press Club in
This
consensus comprises more than 31,000 credentialed American scientists who have
signed the Petition Project, a statement which says
“We urge the
Are these 31,000 scientists in the pockets of Big Oil? According to the Oregon
Institute of Science and Medicine, which coordinated the petition drive, “The
Petition Project has no funding from energy industries or other parties with
special financial interests in the ‘global warming’ debate. Funding for the
project comes entirely from private non-tax deductible donations by interested
individuals.”
The blockbuster claim of the Petition Project is that human hydrocarbon use is
uncorrelated with global temperature, rates of glacial melting, and sea level
increases. The current cycle of these events began more than 100 years prior to
the post-1940 rise in carbon dioxide levels. The only clear climate correlation
is with increased solar activity, which has absolutely nothing to do with human
activity. An extraordinary—and growing—number of scientists agree.
Gore calls those who
disagree with him about global warming “deniers” and says
"I think those people are in such a tiny, tiny minority now
with their point of view. They're almost like the ones who still believe that
the moon landing was staged in a movie lot in
Last summer, Gore proclaimed “if we have huge falsehoods and false impressions
that persist for an extended period of time as the basis for our policy choices,
then no wonder we’re driving over the edge of a cliff.”
In truth, the quickest way to drive over
the edge of a cliff today is not in a new SUV, but by cutting off our energy
supplies and rationing opportunity in the way called for by Gore and Obama.
American strength has always been built
by entrepreneurs, starting with the enterprising political class of 1776.
Americans respond best to entrepreneurial vision. They rebel at the language of
limits. Powered by their use of
technology,
Carter’s fatal political transgression
was his insistence that Americans do what is antithetical to the American
spirit; accept terminal limits on their resources and consumption. Gore built a
Carter-era bridge to the 21st century. Obama wants us all to go along for the
backward journey.
That's not leadership. That's not going to happen.
The Case Against Federal Funding for Embryonic Stem Cell Research
In a
I’d like to
be perfectly clear about my positions:
I am not opposed to stem cell research.
I am opposed to federal funding of
embryonic stem cell research on both practical and moral grounds.
I am not in favor of making embryonic
research illegal as long as it is done by the private sector.
Let’s also
be clear about the current status: there is no federal law against embryonic
stem cell research. That research is going on in the private sector. The federal
government made a number of embryonic stem cell lines available which were in
existence before the funding ban to any recognized researcher.
Is there is
any particular benefit to the pursuit of embryonic stem cell research?
As I see it, facts count for more than hopes. This is an avenue full of
empty promises.
We need to
examine four basic questions:
Is embryonic stem cell research likely to
produce health benefits worth the time and money invested in such research?
Are there other, alternative stem cell
research paths more likely to provide positive results?
What are the moral issues involved?
Is federal funding the best way to do such
research?
Let’s look
at the first issue. Proponents of
embryonic stem cell research have promised cures for almost anything.
Senator Kerry in the 2004 presidential election implied that spinal-cord
injured actor Christopher Reeve would be up and walking had only federal funds
been available for research.
The truth is
that no approved treatments have been obtained using embryonic stem cells.
There are no human trials despite all the promises.
After 20 years of research, embryonic stem cells haven’t been used to
treat people because the cells are unproven and more importantly, unsafe.
They tend to produce tumors, cause transplant rejection and form the
worst kind of cells.
Let me
repeat that another way. Human
embryonic stem cells do have the ability to form every tissue in the body
when they are left to grow and
differentiate as part of an intact human embryo. But even after 20 years of
experience with mouse embryos, researchers haven’t been able to turn embryonic
stem cells into pure cultures of specific, viable types. And that’s what’s
needed if these cells are to have any therapeutic value.
Politicians
make promises in order to win elections and the media blows that same horn, but
to date no one has actually been able to accomplish that first step in the
process. According to the
Journal of Clinical Investigation in July 2005, “just injecting stem cells
is not going to work….first you have to be able to differentiate the cells into
functional, transplantable tissues.”
“Worse,
these cells are hard to control and have the potential to explode into a
cancerous mass after a stem cell transplant….with embryonic stem cells, a
significant number become cancer cells, so the cure could be worse than the
disease.”
Thus the
'fountain of youth' being offered might be much less appealing if people knew
that such applications might lead to cancerous eruptions once inside the
patient’s body.
As to the
second issue, yes, indeed there are better alternatives.
These would
be adult bone marrow stem cells and neo-natal blood stem
cells. Unlike embryonic stem cells which have never produced a practical result,
adult bone marrow stem cells have been used clinically about 30,000 times.
To be sure, there are risks to the donor during extraction including the
risk of transmitting infectious diseases should the donor have any. But
this is a treatment that has proven results and which can be improved upon.
Neo-natal
(umbilical) cord blood stem cells have even greater promise.
They have some great advantages: they can become several - and perhaps
all the different tissue types. They involve no donor risks; they have the
capacity for many cell divisions; and they cause less graft versus host disease.
So far, more
than 6,000 patients and 66 diseases have been successfully treated with cord
blood cells with a survival rate of over 70% among high-risk adults, with higher
rates among children.
The fact is
that adult stem cells and neo-natal cord blood stem cells are going to be the
sources for regenerative, miraculous medicine in the future.
Embryonic stem cell research just isn’t getting good research results.
Moral issues
are the third thing to consider. The root cause for the politicization of this
issue isn’t scientific, but political, the social issue of Roe v. Wade,
the 1973 Supreme Court ruling that legalized abortion under federal law.
Despite the
scientific grounds for restricting federal funding of embryonic stem cell
research, there are people who base their opposition on moral and religious
grounds because they believe that an embryo is a human being.
It follows
then that creating human embryos for the purpose of their destruction is just
another form of killing. While
Republicans can be party leaders as pro-choice or pro-life proponents, Democrats
must be pro-choice. The connection
between a ban on harvesting embryonic babies for their cells and the pro-life
position on abortion is so obvious that Democrats are politically driven to
support embryonic research for fear of offending their abortion-rights
constituency.
Democrats
have pushed for a so-called compromise and they’ve been joined by some
Republicans as well. They say that we should add to the embryonic stem cell
lines authorized for research by President Bush by also using what they claim to
be an excess of about 400,000 “unwanted” frozen embryos.
The problem
with that logic is that only about 2.8% of those embryos have been designated by
their parents for research. That’s about 11,000 available embryos. Parents want
to keep the others because they may want more babies in the future. And even
those 11,000 won’t produce as many research embryos because there is a very high
mortality rate when they are thawed. The ultimate yield might only be a bit less
than 300 lines which would be enough for current laboratory trials, but so are
those lines already designated by the president. The problem is that in the
process of harvesting embryonic stem cells, the embryo itself is destroyed.
This
harvesting is extremely inefficient.
It requires women’s eggs. For example, to treat the 17 million diabetes patients
in the united states will require from 850 million to 1.25 billion human eggs.
At ten eggs per donor, we’d need to have 85 to 150 million donors; more than
exist in
More
importantly, harvesting a woman’s eggs puts the woman at risk. It requires
superovulation regimens for fertility treatments which can cause a wide range of
problems including memory loss, seizure, stroke, infertility, cancer and even
death. This creates the additional
ethical issue of exploitation of women, most likely poor women, to collect their
eggs.
Let’s get to
the fourth issue which is, after all, the subject of tonight’s debate: federal
funding.
There are 21
stem cell lines still available for research. In the current fiscal year, the
National Institute of Health has a budget of $641 million to spend on
non-embryonic stem cell research.
Most federal
funding isn’t through the NIH. It’s in the forms of grants to universities and
other research institutions. When
grants run out, the people employed in those institutions need to find another
project or get more funding on their current project or they are out of work. In
other words, there is a built-in bias in the research industry - and it
is an industry - to constantly seek
federal funds in order to maintain these institutions and the jobs in them.
But most
breakthroughs result from research done in the private sector and as you all
well know. The pharmaceutical and biotechnoly industries spend billions on
research to develop new treatments and cures. They are motivated to do so in
order to remain in business.
Let’s look
at the words of William Haseltine, CEO of Human Genome Sciences Inc., a leading
advocate of embryonic stem cells. “The routine utilization of human embryonic
stem cells for medicine is 20-30 years hence.
The timeline for commercialization is so long that I simply would not
invest.”
What’s
happening in states like California that have authorized state funding in the
billions is that the taxpayers are funding what venture capitalists will not,
while advocates are trying to get federal taxpayers to do the same thing.
Government
largesse isn’t always the best option. In 2004 several states had billions
budgeted for research. By 2007 very little of those funds made it to
researchers. It takes time to
establish the various government boards, panels and institutes that will be
responsible for awarding grants. Of the $3 billion authorized by voters in
And let’s
not forget the matter of waste.
California’s $3 billion of funds will cost another $3 billion in interest over
the next 30 years and maybe more given past history in that state.
Government
funding just isn’t all that advantageous when funds that could be spent on
research are spent on lobbying, while political upheaval over the issue of
funding leads to restrictions on research,
and money is thrown at high-risk but low-yield projects.
Government
research has led to some great successes, but only one-third of Nobel Prize
winners won their prizes while working on government-funded projects or in
government institutions. The boondoggles
we hear about in government projects rarely occur in privately-funded projects.
Private
institutions appear to be much better than government institutions at
identifying truly innovative research.
Let me
illustrate that argument by reminding you of the great in-vitro fertilization
debate of not too long ago.
Advocates spent millions of dollars lobbying Congress to support such research.
They claimed that it wouldn’t be done without government support, that
the
The federal
government never funded that research, and today the
Combined
with all assisted reproduction industries, it’s a $16 billion a year industry,
all without federal assistance.
Even more
remarkable is
In
conclusion, why should the American taxpayers fund research that the private
sector can do more efficiently and which at least half of the population
opposes?
Must we use
taxpayer funds to keep institutions and researchers dependent on federal funding
in business?