Commentary Magazine


Topic: James Madison

Obama’s Absurd Claim About Judaism

Apparently, Barack Obama told a visiting contingent of Conservative Jewish rabbis that he probably knows more about Judaism than any other president—on the same day that he referred to “Polish death camps.” For that last remark he apologized, but the one about Judaism is far more telling. In the first place, the claim is transparently absurd. We can quickly pass over the fact that John Adams and James Madison, among the most educated men in the world at the time, knew Hebrew as well as Latin and Greek and just say that the president is, to put it mildly, punching above his weight here. So let’s move on to the fact that every president until the modern era knew more about Judaism than Barack Obama because the Bible was the one book every literate person knew, and the Bible includes the books Christians call the “Old Testament,” and a working knowledge of the Old Testament certainly is the best introduction to “Judaism” there is.

Earlier presidents did not learn the Talmud, of course, but if Barack Obama ever has, that would come as news to me. There is no indication from Obama’s own writing that he is especially Bible-literate, and we can presume that his notorious pastor of 20 years used the Bible primarily as flavoring for his political duck soup. I have no doubt that, among presidents closer to our time, Jimmy Carter was far more conversant in the lore of Biblical Judaism, for all the good it did his corrupted soul when it comes to the Jewish state.

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Judge Vinson’s Madisonian Vision vs. ObamaCare

I’ve now read through the 78-page decision by Federal Judge Roger Vinson in which he ruled the individual mandate, which is at the heart of the Patient Protection and Affordable Care Act, to be unconstitutional and not severable, necessitating that the “entire Act must be declared void.”

The decision itself, as Judge Vinson points out, is not really about our health-care system at all. It is principally about our federalist system, he writes, and “it raises very important issues regarding the Constitutional role of the federal government.”

While Vinson’s decision covers a lot of ground — including Medicaid expansion, the Necessary and Proper Clause, and the evolution of Commerce Clause Jurisprudence — the core purpose of the decision is to set some outer limits on federal action. Because of the novel way the Obama administration is justifying the individual mandate, it would be virtually impossible to argue that there is anything that Congress is without power to regulate.

Judge Vinson’s opinion is laced with quotes from Madison, Hamilton, and the Federalist Papers. And because he believes that the individual mandate exceeds Congress’s commerce power, is without logical limitation, and far exceeds the existing legal boundaries established by Supreme Court precedent — because, Vinson argues, it cannot be reconciled with a limited government of enumerated powers and would remove all limits on federal power — he declared the Act unconstitutional.

Judge Vinson was certainly right to do so. And the arguments he employed to strike it down are powerful and perfect for this political moment. We are, after all, engaged in a debate about first principles and the role of the Constitution in our lives. Judge Vinson has affirmed in an elegant opinion the vision of James Madison. We can only hope that the Supreme Court eventually does as well.

Civility as a Political Virtue

The aftermath of President Obama’s meeting yesterday with the GOP leadership sparked a discussion that recurs with some regularity within conservative circles. (President Obama pronounced the meeting “extremely civil,” and Republicans concurred.)

The argument is sometimes made, directly or obliquely, that civility is merely a guise, the first step toward bipartisan compromises that betray conservative principles. And at times there is something to this critique. Civility has been used as a cover for hollowed-out principles, for lukewarm philosophical commitments, and for those who believe in nothing and are willing to fight for nothing. I get all that.

But civility need not be any of this, and it’s important from time to time to remind ourselves why it’s quite important to our political and civic life. It’s therefore worth correcting some interpretations that, like barnacles that attach themselves to the hull of a ship, associate themselves with the concept of civility.

Civility is not a synonym for lack of principles or lack of passion. They are entirely separate categories. Civility has to do with basic good manners and courtesy, the respect we owe others as fellow citizens and fellow human beings. It is both an animating spirit and a mode of discourse. It establishes limits so we don’t treat opponents as enemies. And it helps inoculate us against one of the unrelenting temptations in politics (and in life more broadly), which is to demonize and dehumanize those who hold views different from our own.

We can possess civility while at the same time holding (and championing) deep moral and philosophical commitments. In fact civility, properly understood, advances rigorous arguments, for a simple reason: it forecloses ad hominem attacks, which is the refuge of sloppy, undisciplined minds. “Before impugning an opponent’s motives,” the philosopher Sidney Hook once said, “even when they may rightly be impugned, answer his arguments.”

Here a few caveats are in order. Civility does not preclude spirited debate or confrontation. Clashing arguments are often clarifying arguments. Civility does not mean we do not call things by their rightful name. Evil is sometimes evil; and wicked men are sometimes wicked men. Nor does civility mean splitting the difference on every issue under the sun. (Who was right — eight clergymen in Alabama who said civil rights activism was “unwise and untimely” or the young minister sitting in a Birmingham city jail who told these “white moderates” that they preferred “a negative peace which is the absence of tension to a positive peace with is the presence of justice”?) I would add that the most important debates and many of the most important figures in American history were polarizing. They stirred deep passions in people, which is precisely when civility and even a measure of grace are most needed, to keep democratic discourse from jumping the rails.

In all this, Abraham Lincoln is, as he almost always is, a model. Lincoln is the finest political writer and, with James Madison, the finest political thinker in American history. He set a standard for meticulous, sophisticated arguments that had never been seen and has never been matched. As a young man, it is said, his satirical inclination and self-confident polemical power provided him with the “power to hurt.” But as he matured, William Lee Miller has written, “one can almost observe him curbing that inclination and becoming scrupulous and respectful.” His personal and professional dealings — with clients, editors, supporters, and opponents — had a “distinctive quality of tact, generosity, and civility.”

In response to a visit by citizens after the 1864 election, Lincoln said, “So long as I have been here I have not willingly planted a thorn in any man’s bosom.”

None of us possesses Lincoln’s virtues. But all of us should aspire to cultivate them.

RE: Blaming James Madison

A smart political reporter suggests that David Axelrod’s op-ed in the Washington Post is further evidence of the bizarre and entirely unproductive exercise in blaming the First Amendment for the Democrats’ political collapse. Axelrod whines:

All of Washington is in a frenzy, speculating about the outcome of the fall elections. Yet the development that could most tip the scales is getting far too little public attention. That hidden factor is the audacious stealth campaign being mounted by powerful corporate special interests that are vying to put their Republican allies in control of Congress and turn back common-sense reforms that strengthen America’s middle class.

Good grief — maybe that stuff works in Chicago but does the public at large buy any of that, or even care if a group called Americans for Prosperity is raising money for candidates who are attuned to the populist outcry against runaway spending? It is as though Axelrod thinks he is running a Democratic primary race and not working for President of the United States. This is what a high-ranking government official spends his time doing — grousing that the other side has more money?

But the telling sign is the last paragraph:

Pundits will spend a lot of time predicting who will win in November. But more is at stake than the fate of Democrats or Republicans. What’s at stake is whether the powerful corporate special interests will go back to writing our laws or whether our democracy will remain where it belongs — in the hands of the American people.

No, actually, what is at stake is control of the House and Senate and the complete repudiation of the Obama agenda. No wonder Axelrod wants to change the topic.

Blaming James Madison

Obama has blamed George Bush. He’s blamed the Republican minority. He’s blamed Wall Street. He’s blamed the 24/7 media cycle. Now he’s blaming the First Amendment for the decimation of the Democratic Party on his watch. In a speech in Philadelphia he proclaimed:

[T]he biggest impediment we have right now is that independent expenditures coming from special interests — who we don’t know because they’re not obligated to disclose their contributions under a Supreme Court decision called Citizens United — means that in some places, you’ve got third parties that are spending millions more than the candidates combined, more than the parties in these states.

That’s the biggest problem that we have all across the country right now. We’ve got great candidates who are taking their case directly to the American people, but they are being drowned out by groups like Americans for Prosperity. Nobody knows who they are. Well, we know who they are — but nobody knows where the money is coming from, and they certainly don’t appear on those ads.

Good golly. Is this to be the excuse for the 2010 wipeout — too many Americans exercising First Amendment rights in opposition to a president, a Congress, and an agenda to which they object? On one level, it’s pathetic — another in a long line of excuses that tell us more about Obama’s delusional view of himself than it does about the voters.

But like much of Obama’s rhetoric, it is primarily distinguished by its utter disregard of the facts. Obama’s poll numbers have been tumbling for a year, ObamaCare has never been popular, and the Tea Party movement has organized millions of Americans — yet not one of these issues qualifies as the “biggest problem.” And why is it that Obama and his side are having such fundraising issues (forget for a moment the Big Labor piggybank)? Might it be that his hyper-partisanship and extreme agenda have helped mobilize conservatives to an extent they never imagined in 2008, when Obama was raking in the money?

All the whining about how Democrats “can’t get their message out” or are “being outspent” is the talk of losers. As the GOP learned in their fundraising difficulties in 2008, money follows enthusiasm, excitement, and, yes, anger. Money is the least of the Democrats’ worries, and blaming the First Amendment isn’t going to help matters.

Happy Constitution Day

On this day in 1787, delegates to the Federal Convention completed their work (which began in May) and voted to approve a new Constitution, which was submitted to the states for ratification (which occurred on June 21, 1788). Now the oldest written national constitution in the world, the British statesman William Gladstone described it as “the most remarkable work known to me in modern times to have been produced by the human intellect.” It was also on this day that Benjamin Franklin, who by then was in his 80s and seldom participated in the constitutional debates, delivered a wise and moving speech in which he said this:

I agree to this Constitution with all its faults, if they are such; because I think a general Government necessary for us, and there is no form of Government but what may be a blessing to the people if well administered, and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other. I doubt too whether any other Convention we can obtain, may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the Builders of Babel; and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another’s throats. Thus I consent, Sir, to this Constitution because I expect no better, and because I am not sure, that it is not the best. The opinions I have had of its errors, I sacrifice to the public good. I have never whispered a syllable of them abroad. Within these walls they were born, and here they shall die.

It is hard to overstate the importance of, and the sheer brilliance and prescience of, the American Constitution. It established the world’s first stable democratic government and provided the governing framework for the most powerful and benevolent nation in human history. The product above all of 36-year-old James Madison, an unparalleled master of political and constitutional theory, the Constitution also resulted in the Federalist Papers — 85 essays written between October 1787 and May 1788 by Alexander Hamilton (author of 51 of the essays), Madison (author of 29), and John Jay (author of five) — which explain the whole theory of constitutional government and which helped pave the way for ratification.

George W. Carey and James McClellan, in their fine introduction to The Federalist, write that this collection of essays, hastily written by three politicians in the midst of a political struggle, makes the Federalist Papers “a unique document, unparalleled in the literature of the Western political tradition.”

Liberalism’s Existential Crisis

As the Obama presidency and the Democratic Party continue their journey into the Slough of Despond, it’s interesting to watch Obama’ supporters try to process the unfolding events.

Some blame it on a failure to communicate. E.J. Dionne, Jr., for example, ascribes the Democrats’ problems to the fact that Obama “has chosen not to engage the nation in an extended dialogue about what holds all his achievements together.” Joe Klein offers this explanation: “If Obama is not reelected, it will be because he comes across as disdaining what he does for a living.” And John Judis points to the Obama administration’s “aversion to populism.”

Others are aiming their sound and fury at the American people. According to Maureen Dowd, “Obama is the head of the dysfunctional family of America — a rational man running a most irrational nation, a high-minded man in a low-minded age. The country is having some weird mass nervous breakdown.” Jonathan Alter argues that the American people “aren’t rationally aligning belief and action; they’re tempted to lose their spleens in the polling place without fully grasping the consequences.” And Slate‘s Jacob Weisberg has written that “the biggest culprit in our current predicament” is the “childishness, ignorance, and growing incoherence of the public at large.” Read More

Partners in the Conservative Revival

Both Bill Kristol and Peter Berkowitz have taken up the issue of conservative reform and the respective tasks of wonkish conservative innovators and the grassroots Tea Party movement. The mainstream media like to portray the two groups — the reformers and the Tea Partiers – in opposition in a party civil war (as if Rep. Paul Ryan and Sarah Palin were in competition for the soul of the GOP). But as Kristol and Berkowitz explain, the two aspects of the revived conservative movement are compatible, and each is essential in its own realm.

Kristol reminds us that the Tea Party movement has helped to unnerve and beat back the liberal statists, but that is the beginning and not the end of a conservative resurgence:

We already have a Middle American populist reaction against the government schemes of pointy-headed intellectuals. Barack Obama got the highest percentage of the votes of any Democratic presidential candidate since Lyndon Johnson in 1964; Republicans look to be on track this year to replicate their 47-seat House pick-up in 1966.

What comes next? That’s up to us—especially to us conservatives. We’re not doomed to repeat the pretty miserable political, social, and economic performance of 1967-80. …

Can conservatives develop a program, an agenda, and a governing vision that would, in the words of Federalist 39, vindicate “that honorable determination which animates every votary of freedom, to rest all our political experiments on the capacity of mankind for self-government”?

And Berkowitz provides a helpful review of the history of conservative reform, pointing toward those whose task it will be to provide an alternative to Obamaism:

New Jersey Gov. Chris Christie, Indiana Gov. Mitch Daniels, Louisiana Gov. Bobby Jindal, Mississippi Gov. Haley Barbour and Wisconsin Rep. Paul Ryan are among those officeholders in the process of recovering reform as a conservative virtue. In November, Meg Whitman, the new Republican nominee in California, and Brian Sandoval, the new Republican nominee for governor in Nevada, stand a good chance to join their ranks.

Today’s conservative reformers appreciate that within its limited sphere government should be excellent. Promoting individual responsibility, self-reliance and opportunity requires targeted action, beginning with health-care reform that really controls costs by eliminating barriers on insurance companies operating across state lines and limiting malpractice damages; public-sector reform that reins in unions by reducing benefits and expanding accountability; and education reform that through school-choice programs gives parents, particularly in low income and minority communities, greater control over their children’s education.

None of this is to underestimate or denigrate the intellectual underpinnings of the Tea Party movement. Despite the media indictment (Racists! Know-nothings!), it is perhaps the most wonkish popular uprising we’ve had in the past century. It is the CATO  Institute’s dream mass movement — based on self-reliance, limited government, sound money, fiscal discipline, and market economics. Many of the protesters like to carry copies of the Constitution. For every inflammatory hand-painted sign that CNN films, there are dozens quoting James Madison, challenging the “bailout nation,” and contesting the constitutionality of an individual health-care insurance mandate. It’s certainly a step up from “Turn on, tune in, drop out.” But it is not a methodology for governing nor an agenda for what would follow Obamaism. You don’t write legislation in mass gatherings seeking to discredit and upend those in power. And it’s unrealistic and misguided to expect a mass movement to decimate a political agenda, defeat liberal one-party rule, defend itself against incessant media attacks – and come up with a health-care alternative, a scheme for entitlement reform, and proposals to tame the debt. (The latter is the work of Ryan, Daniels, Christie, et. al.)

The media narrative that the conservative movement is riven with conflict is, as is so much else the media spew, a distortion intended to bolster the spirits of the left and paint the right in the most disagreeable light possible. We actually have witnessed a rather effective division of labor on the right, with reformers and Tea Partiers collaborating on common goals. They share a mutual desire to put a stake through the heart of the statist agenda of one-party Democratic rule and to find a better alternative. The first task is well under way; the latter is just beginning.

Obama’s Petard

President Obama promised at least eight times during the campaign to have the legislative negotiations over reforming health care televised on C-Span. That has not happened and, in the final sprint to the finish line, will not happen. The letter from Brian Lamb, the head of C-Span, merely brought the obvious out into the open.

Republicans, naturally, are having a field day comparing Obama’s oft-repeated promise of openness and transparency with the reality of a few congressional Pooh-Bahs (none of them Republican) and White House aides meeting at unannounced times behind very closed doors. When they are done, a vast bill will be rushed to each congressional floor and voted on with just as much dispatch as Nancy Pelosi and Harry Reid can manage. If no one except the negotiators even has a chance to read the bill, let alone consider it in depth, before the final vote, so much the better. It will then pass, unless some Democrats — looking over their shoulders at the increasing number of their fellow party members who have decided to spend more time with their families — figure out that their political survival requires defying the party bosses. And it will pass on a strictly party-line vote. The most significant piece of domestic legislation since the New Deal will pass without a single Republican vote.

Who is to blame for giving the Republicans such as wonderful cudgel with which to beat President Obama and the congressional Democrats over the head? Well, it was that political genius Barack Obama. It was a dumb political move on his part to have ever suggested open negotiations, let alone promising them over and over.

Real negotiations — as opposed to questioning witnesses and debating on the floor — are never held in public. If they were, political opponents and lobbyists would be hanging on every word. The give and take, the thinking out loud, the tentative suggestions, the horse-trading that are so much a part of any negotiation would be impossible when every casual phrase, recorded on C-Span’s camcorders, might be turned into an attack ad for the next election.

When the most momentous negotiations in American history — the Constitutional Convention of 1787 — met for the first time, the members of the convention agreed to strict secrecy. Sentries were posted at all doors. The windows — in a sweltering Philadelphia summer — were kept closed, a discreet member of the convention always attended Benjamin Franklin’s convivial dinner parties to make sure the great man did not talk too much. James Madison’s notes (by far the most important source we have for what went on) were not published until 1840, after all the delegates to the convention were dead.

The Founding Fathers did a pretty good job in those secret meetings 222 years ago. They created what is perhaps the only work of genius ever produced by a committee. The attendees at the secret negotiations over health care will probably not fare as well in the opinion of history. They are not founding a republic, after all; they are trying, with increasing desperation, to get a dirty deal done.

What a Trip

As this vivid account of the Copenhagen climate fest makes clear, the proceedings seem to be less like a scientific and policy conference and more like a Woodstock flashback:

As activists from groups as wide-ranging as the Girl Scouts and the World Council on Churches converge on the climate change conference in Copenhagen, some critics say it’s turning into a “circus” sideshow, with 20,000 attendees creating an international echo chamber of climate piety. Apart from the main proceedings, there are 254 side events, 231 exhibits and more than 200 press conferences already on the schedule — meaning there are about 700 extra events keyed up for the 12-day conference. “These circuses get bigger and bigger,” said Myron Ebell, director of energy and global warming policy at the Competitive Enterprise Institute, a Washington think tank. “It’s a big echo chamber — they’re just reassuring themselves.”

It’s quite apparent that many of the true believers don’t think much — or care much — about science or facts. (“A group called GenderCC (Women for Climate Justice) rejects using distractions like ‘numbers’ and ‘target dates’ to track and fight climate change, and doesn’t appear very interested in the environment itself. Instead, it hopes to implement ‘gender-mainstreaming’ and ensure that the U.N. guarantees the fullest participation of ‘feminist scientists’ at every level.”) There is a group pushing contraception and population “control” and one that wants to ”explore how thoughts affect matter and how a shift in consciousness can transform current deteriorating conditions.”

The religious-like fervor is hard to miss here. Facts and science don’t really figure when you’re shifting consciousness. What is interesting is the vicious antagonism displayed by the mainstream media when conservative gatherings like the Tea Parties are covered. They ignore those groups’ serious bent (posters displaying James Madison quotes never seem to make it into CNN coverage) and focus instead on the inevitable loony element that turns out for any mass movement. But when the confab is filled with, indeed dominated by, those indifferent to reason and obviously peddling a hippy-dippy agenda, the MSM is mute, playing along with the game that the confab is a serious exercise in science-based policymaking.

God and Man in Rome

When it comes to cultural exchange programs for academics, my reflexive attitude tends to be very much like my attitude toward the institution of tenure: it’s probably a bad idea in many cases, for most people, but if it’s going to exist . . . well, I shouldn’t deny myself the benefits. Thus I’ve come to Rome, under the auspices of the Fulbright program, for a semester of teaching and lecturing. I am not sure whether five months spent living in Rome and traveling around Italy will make me a better professor, but the experiment seemed worth conducting. So I have taken it on—strictly, I will have you know, in the severe spirit of disinterested scientific inquiry, a spirit I bring with particular asperity to my examination of Italian foods and wines.

I am teaching the history of American religion to graduate students in an American-studies program, and can report that the level of interest in the subject is extremely high. I had not really wanted to spend so much of my time teaching about American religion, but my Italian hosts insisted otherwise, and now I understand their wisdom.

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The Return of the Second Amendment

Seven years ago, in an article for COMMENTARY called “Yes and No to Gun Control,” I briefly endorsed the views of constitutional scholars who argue that the Second Amendment’s right “to keep and bear arms” actually imposes practical limits on gun-control laws. The article generated a storm of criticism in our letters section, and I replied at length. With the Second Amendment now in the news, thanks to last week’s federal appeals court ruling striking down the District of Columbia’s ban on handguns, the case against what the New York Times editorial page calls “the right to ban arms” is very much worth rehearsing. Here are the relevant sections of my December 2000 reply to critics:

A noteworthy feature of the letters from Michael Beard of the Coalition to Stop Gun Violence and Eric Gorovitz of the Million Mom March Foundation is the complete absence of any mention of the Second Amendment. Indeed, as far as the organized gun-control movement is concerned, this part of the Bill of Rights is completely irrelevant to the present-day policy debate, and imposes no limits of any kind on the sort of legal restrictions that may be placed on firearms and their owners.

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