Commentary Magazine


Posts For: February 13, 2012

Ruth Bader Ginsburg and Barack Obama v. the Founders

Two recent interviews with two prominent liberal figures help cast some revealing light on modern liberalism’s attitude toward the Constitution.

Let’s start with Supreme Court Justice Ruth Bader Ginsburg, who said in an interview earlier this month with Al Hayat television, “I would not look to the U.S. Constitution, if I were drafting a constitution in the year 2012. I might look at the constitution of South Africa. That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, have an independent judiciary. It really is, I think, a great piece of work that was done.” She went on to praise Canada’s Charter of Rights and Freedoms and the European Convention on Human Rights as much more recent, and better, models. “Why not take advantage of what there is elsewhere in the world?” Justice Ginsburg asked. “I’m a very strong believer in listening and learning from others.”

Then there was President Obama’s interview with NBC’s Matt Lauer, in which Lauer said, “I have talked to so many people over the last couple of years, President Obama, who were huge supporters of yours back in 2008. And today they are not sure. I hear more and more that they’re disappointed in you. That you aren’t the transformational political figure they hoped you would be. How does that make you feel when you hear that?”

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Voter ID is Not Voter Suppression

Democrats have been working overtime lately looking for an issue to excite their base in the same manner that Barack Obama’s symbolic candidacy and post-partisan promises of “hope” and “change” did in 2008. Some liberal pundits have sought to overcome this problem by branding their opponents with the unforgiveable sin of modern American culture: racism. That’s the motive behind the absurd “dog whistle” talk we’ve been hearing about any mention of entitlement spending and the creation of another generation of poor Americans dependent on welfare. Others are ignoring this convoluted and misleading argument and instead going directly for the throat by charging Republicans with attempting to prevent African-Americans from voting.

The main problem with this is there are no such efforts under way, and if there were, they would be both illegal and bad politics. But in order to pursue this fallacious charge, Democrats continually characterize efforts to ensure voting integrity as racist. Thus, in 2012 the requirement that a voter should present a picture ID at the polls is being treated as irrefutable evidence of skullduggery. That’s the conceit behind a disingenuous piece in the online version of the New York Times that doesn’t even bother trying to prove that voter ID is a racist plot. Harvard historian Alexander Keyssar simply assumes this is so, and then proceeds to put in a long history of attempt to suppress votes in this country. The problem with this article is not just his false assumption about voter ID but also his unconvincing attempt to conflate actual disenfranchisement with efforts by politicians to discourage supporters of their opponents from voting.

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Don’t Blindly Fund Post-Arab Spring Governments

President Obama has reportedly included $770 million for “a Middle East and North Africa Incentive Fund,” which “will provide incentives for long-term economic, political, and trade reforms to countries in transition — and to countries prepared to make reforms proactively.”

The Obama administration has consistently flubbed its Arab Spring policy. Prior to the uprisings, the Obama administration eviscerated outreach to Arab liberals and reformers.

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Should Gingrich Drop Out?

Newt Gingrich’s arguments for telling Rick Santorum to drop out of the presidential race last month are starting to boomerang on him. The National Review wonders whether it would be better for the Republican Party if Gingrich hung it up and endorsed Santorum:

It is not clear whether Gingrich remains in the race because he still believes he could become president next year or because he wants to avenge his wounded pride: an ambiguity that suggests the problem with him as a leader. When he led Santorum in the polls, he urged the Pennsylvanian to leave the race. On his own arguments the proper course for him now is to endorse Santorum and exit.

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Audacious Lie v. the Too-Clever-by-Half Lie

New White House Chief of Staff Jack Lew– who was director of the Office of Management and Budget under both Presidents Clinton and Obama – made statements yesterday that were flat out false and (more problematically) ones he had to know were false.

To be specific: On CNN yesterday, Lew was asked about the fact that Majority Leader Harry Reid said he does not need to bring a budget to the floor this year. In response, the White House chief of staff said this: “Well, let’s be clear. What Senator Reid is talking about is a fairly narrow point. In order for the Senate to do its annual work on appropriation bills, they need to pass a certain piece of legislation which sets a limit. They did that last year. That’s what he’s talking about. He’s not saying that they shouldn’t pass a budget. But we also need to be honest. You can’t pass a budget in the Senate of the United States without 60 votes, and you can’t get 60 votes without bipartisan support.” Lew added, “Unless Republicans are willing to work with Democrats in the Senate, Harry Reid is not going to be able to get a budget passed. And I think he was reflecting the reality that that could be a challenge.”

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The Absurdity of the Moral Equivalency Proponents

Jonathan Tobin is absolutely right to dismiss those who argue that Israel forfeited its moral standing by allegedly assassinating Iranian nuclear scientists. Rather, the fact that some argue Israel “started it” shows moral blindness and ignorance of context.

The Islamic Republic has made no secret of its support and direct sponsorship of terrorism in Israel over the years. The Iranian regime sponsored the Karine-A arms shipment, for example, going so far as to dispatch the ship during an Israel-PLO ceasefire.

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Technology May Reform Education After All

The paper of record alerts us that the geniuses we have put in charge of our children’s education seem to be in the throes of a brilliant epiphany about the electronic generation:  if you give them laptops, they will learn. Well, duh.

“Educators” are flocking in droves to a little school district in North Carolina where elementary, middle, and high schoolers armed with computers are busy exploding some of the most cherished myths of the teachers’ unions. Class sizes in Mooresville, N.C., have gotten larger; teachers have been laid off; the district is 100th out of 115 in the state in per-student spending. And yet . . . miracle of miracles, in the past three years, since the district provided laptops to 4th through 12th graders, the graduation rate has gone from 80 percent to 91 percent; science, math and reading proficiency rates have risen from 73 percent to 88 percent; attendance is up and dropout rates have declined.

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Why is a Ted Turner-Funded Mouthpiece Siding with Assad?

Several years ago, Ted Turner gave a great deal of money to the UN Foundation, which supports an online forum called the UN Dispatch. Today, the UN Dispatch publishes a piece by its managing editor Mark Leon Goldberg declaring any peacekeeping mission to Syria “a bad idea” and a “non-starter.”

The author argues that UN peacekeepers are only effective after a truce or peace, and they can then only deter resumption of a conflict. They cannot, however, enter a country without that government’s permission. Therefore, unless Bashar al-Assad blesses any such peacekeeping mission, the UN has no role.

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Lincoln in Fiction

Our greatest president has eluded our greatest — and almost all of our better-than-average — novelists. On this list of Lincoln in American fiction drawn up for the Illinois Humanities Council, only Paul Horgan’s A Distant Trumpet (1951), in which Lincoln is a legendary presence rather than an active character, and Thomas Mallon’s Henry and Clara (1994), about a young couple who shared the President’s box at Ford’s Theater the night Lincoln was shot, stand out.

The difficulty with representing Lincoln in fiction is pretty much the same as the difficulty facing the young novelist who wrote a pretty silly novel about Henry David Thoreau a couple of years ago. “Even if his voice were not so distinctive,” as I put it then, “the problem is that every reader of him has a scratchy recording of [him] playing in the ear.” No one could hope to duplicate Lincoln’s unmistakable prose style, and would sound foolish if he tried.

Rereading him this morning, I was struck by something I had never known before. In April 1864, Lincoln believed it “exceedingly probable” that he would be defeated for reelection. In such an event, he wrote in a memorandum to himself, “it will be my duty to so co-operate with the President elect, as to save the Union between the election and the inauguration; as he will have secured his election on such ground that he can not possibly save it afterwards.” In public, he assured his fellow citizens that, despite rumblings to the contrary, the November election would not be cancelled or postponed. “I am struggling to maintain government, not to overthrow it,” he said in October. “I am struggling especially to prevent others from overthrowing it.” And if beaten in November, he would surrender the office of the presidency:

This is due to the people both on principle, and under the constitution. Their will, constitutionally expressed, is the ultimate law for all. If they should deliberately resolve to have immediate peace even at the loss of their country, and their liberty, I know not the power or the right to resist them. It is their own business, and they must do as they please with their own.

When, despite his fears, he was reelected over George B. McClellan with 55 percent of the popular vote, Lincoln reflected that the “strife of the election” had been good for the nation:

It has demonstrated that a people’s government can sustain a national election, in the midst of a great civil war. Until now it has not been known to the world that this was a possibility. It shows also how sound, and how strong we still are. It shows that, even among candidates of the same party [to the war], he who is most devoted to the Union, and most opposed to treason, can receive most of the people’s votes. It shows also, to the extent yet known, that we have more men now, than we had when the war began. Gold is good in its place; but living, brave, patriotic men, are better than gold.

Forget American fiction! It is difficult to imagine a “living, brave, patriotic man” — a public man — who could get away with such talk in the 21st century. We no longer expect much from our public men except self-interest in the pursuit of power. When we hear what is “due to the people,” we hear little more than a voluble justification for self-interest. That a man would really believe, as Lincoln confided to a correspondent, that “in no other way could I serve myself so well, as by truly serving the Union” — that he really would be willing to sacrifice almost anything, as Lincoln phrased it repeatedly throughout 1864, to make sure that the same liberties he enjoyed were preserved for his children and his children’s children to enjoy — is inconceivable to us. Lincoln is not only missing from our fiction. He is missing from our moral imagination.

Re: Israel’s Iranian Allies of Convenience

On Thursday, Jonathan Tobin penned an apt defense of alleged Israeli cooperation with “Israel’s Iranian Allies of Convenience,” the Mujahedin al-Khalq Organization (MEK), in which he observes:

While the group denies it is involved with Israel, it is difficult to doubt the truth of the allegation that the Iranian dissidents have been receiving Israeli training and have been used to carry out attacks on Tehran’s nuclear program, in particular the assassination of Iranian scientists.

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Obama’s Budget a “Re-election Plan”

President Obama released his annual budget today, and it’s already being blasted by the GOP as chock full of gimmicks and faulty accounting. Sen. Jeff Sessions, ranking Republican on the Senate Budget Committee, called the plan “one of the most spectacular fiscal cover-ups in American history.”

According to the Republicans on the committee, it includes $1.9 trillion in new taxes, adds $11 trillion to the debt, and includes a net increase of spending over the current projections. It also falsely claims to cut the debt by $4 trillion but only reduces it by $273 billion, say Republicans:

  • It does not count the cost of replacing the $1.2 trillion sequester (spending reduction plus interest savings) required under current law. This is plainly true because the president eliminates the reductions required by the law that he signed and replaces it with tax increases. Then he fails to score the cost of repeal, a monumental deception.
  • It counts the inevitable winding down of the war costs in Afghanistan—all of which is borrowed—as $1 trillion in spending reduction; and
  • It buries the $522 billion cost of freezing the Medicare physician update in the baseline, without identifying any source of funds to pay for it.
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Romney Should Run Scared in Michigan

Mitt Romney’s victories in the Maine Republican caucus and the CPAC straw poll may have, as I wrote yesterday, stopped the bleeding after a week in which Rick Santorum’s sweep of three states halted the frontrunner’s momentum. But a pair of polls from the Democratic-leaning Public Policy Polling firm as well as one from the American Research Group ought to be scaring the pants off of Romney’s camp. As I wrote yesterday, PPP’s national poll of Republicans shows, in distinction to other surveys, Santorum taking a huge lead over Romney in the wake of his wins last Tuesday. But far more interesting are new polls of Michigan Republicans that also show Santorum leading Romney in his home state. A PPP Michigan poll shows Santorum leading there by a 39-24 percent margin. The ARG poll also has him ahead, though by a smaller 33-27 percent differential.

Bigger leads than that have evaporated in less time than the two weeks Romney has to make up this deficit, so there is no reason for him to panic. But if any in his campaign were inclined to dismiss Santorum’s surge as a mere bump in the road, this poll is proof they are dead wrong. Despite Romney’s huge advantage in money and endorsements as well as delegates, a loss in Michigan would be fatal to his presidential hopes. If he is beaten there, the air would go out of his inevitability balloon and Santorum would, despite his threadbare national campaign, assume the unlikely role of frontrunner.

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Israeli Official: “We Have Every Intention of Defending Ourselves”

Following this morning’s attempted terror attacks against Israeli personnel in Georgia and India, Israeli officials said they would respond, though declined to specify further.

“I don’t think that it would be true to say that we are going to sit back and twiddle our thumbs,” Paul Hirschson, deputy spokesman for Israel’s Foreign Ministry, told reporters and others on a late-morning conference call organized by The Israel Project. Hirschson said, as Prime Minister Benjamin Netanyahu and Foreign Minister Avigdor Lieberman have already indicated, “we have every intention of defending ourselves”–the primary obligation, he said, of any sovereign state under attack.

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What Obama’s Reelection Would Mean for Iran’s Nuclear Program

Newsweek has a must-read today on the cooperation between the U.S. and Israel on halting Iran’s nuclear program. The detail getting the most attention is the Obama administration’s decision to keep crucial intelligence from Israel regarding the locations of nuclear scientists. But the lack of intelligence-sharing goes both ways – Israel is also staying mum about when it will strike Iran, if it decides to take that course.

The reason for the silence seems to be a breakdown of trust between the Israeli government and the Obama administration. While the U.S. has the capability to attack the program after it goes fully underground, Israel’s window of time for carrying out a successful attack is much shorter. And the Israelis have reason to doubt Obama would take military action if he wins reelection, Newsweek reports:

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Santorum’s “Women in Combat” Comments Under Fire

The media vetting process on Rick Santorum is kicking into high gear this week, and his comments on women serving in combat are the latest to come under scrutiny:

Mr. Santorum had faced a brief storm of criticism after saying on Thursday in a CNN interview that to put more women in combat roles “could be a very compromising situation, where people naturally may do things that may not be in the interest of the mission because of other types of emotions that are involved.”

He managed to quell some of the criticism – if not all – by saying later that he was referring to the emotional reactions of male soldiers. “Men have emotions when you see a woman in harm’s way,” he told NBC News on Friday, adding that “the natural inclination” is “to not focus on the mission but to try to be in a position where you might want to protect someone.”

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The Israel-Iran Moral Equivalence Trap

Those who have expressed grim satisfaction at the reports of assassinations of Iranian nuclear scientists have been told they will sing a different tune if Israelis or Jews are targeted by Iran. Today’s news of attacks on the Israeli embassies in Georgia and India will, no doubt, lead some to assume those responsible are in some way taking revenge for the Iranians. But the assumption that Israel is reaping what it sowed is off the mark. So, too, is the attempt by Israel’s critics on both the right and the left to claim there is some moral equivalence between Israel and Iran.

The first problem with this equation is that Iran and its various terrorist auxiliaries need no new excuse to attack Israelis or Jews. Groups like Hamas and Hezbollah have been doing this for many years. When it comes to the question of whether or when Iran, Hamas and Hezbollah will strike, the assumption ought to be they are doing their worst at all times. Second, and more important, is that squeamishness about the attacks on Iranian scientists is entirely misplaced if not completely disingenuous.

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Without Regime Change, Foreign Jihadists Will Flock to Syria

Does the fact that al-Qaeda’s leader Ayman al-Zawahiri has urged the overthrow of Syria’s “pernicious, cancerous regime” serve to discredit the revolt against Bashar al-Assad? Is this a reason for the West to stand on the sidelines and tacitly allow Assad to remain in power? Hardly. It argues for the opposite policy: Hastening Assad’s fall so as not to create the conditions that would allow al-Qaeda to establish itself in Syria.

Groups like al-Qaeda are supreme opportunists–they will take advantage of any chaos, any unrest to try to spread their poisonous philosophy and organization.

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The President’s “Accommodation”

Why is it that economic laws are the Rodney Dangerfield of natural laws? Like the late comedian, they get no respect.

No one wanting to live would jump off a ten-story building. Why? Because everyone knows gravity will–like it or not–accelerate them towards the ground at 32 feet per second per second and the resulting impact will kill them.

And everyone knows the economic law encapsulated in Milton Friedman’s famous dictum, “There is no free lunch.”

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Faith in Sports, “Linsanity” Edition

What is the clearest sign Jeremy Lin has made the whirlwind journey from anonymous bench player to basketball phenomenon to pop culture obsession? The Forbes headline, “Jeremy Lin Is Raising Ticket Prices Across The NBA,” would have made no sense even to sports fans before last Saturday, February 4. Another good candidate would be the New York Times’s in-house political statistician Nate Silver’s piece headlined, “Jeremy Lin Is No Fluke.” Perhaps the most telling one is Sarah Pulliam Bailey’s article at GetReligion.org, “Jeremy Lin, The Knicks’ Tim Tebow?”

First, some background for those still unfamiliar with the condition afflicting the sports world known as “Linsanity.” Jeremy Lin is the Knicks undrafted, Harvard-educated point guard. He is the first American-born Taiwanese or Chinese-American player in the NBA. On February 4, he came off the bench against the New Jersey Nets and scored 25 points to lead the Knicks, who were then 8-15, to the win. But that doesn’t really describe the extent of Lin’s performance. The miserable Knicks have been without their superstar forwards Amar’e Stoudamire and Carmelo Anthony. Lin didn’t lead the Knicks to victory so much as carry the team. Lin immediately became a starter, and the Knicks won the next four games with Lin at the helm, including a 38-point performance Friday night against the Lakers and then scoring the winning bucket on the road at Minnesota.

Lin is also a devout Christian, wants to be a pastor, and has been sleeping on his brother’s couch in downtown Manhattan. He has created a charming, bookworm’s handshake with Landry Fields, another Knicks player who is Lin’s best friend on the team, that goes as follows: The two shake hands, then Fields presents his hands palms-up like a book; Lin makes a motion as if he is flipping through the pages of the book; Fields “closes” the book; and the two make goggles with their hands and make a motion as if they are putting glasses on; then they nod, point to God, and walk away. He is modest, refusing to take the credit he is obviously due, instead telling reporters how great his teammates and his coach are. In other words, it is virtually impossible not to like Jeremy Lin.

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