One of the hilarious ironies attendant on the mosque debate is the sudden discovery by the liberal elites of the vital importance of property rights — how Imam Feisal Rauf and his people have purchased a site on which they should be able to build “as of right,” and how those who are objecting to the mosque’s construction are committing an offense not only against the free exercise of religion but against commonly accepted principles involving real estate.
For the past 40 years, especially in New York City, property rights have taken a back seat in almost all discussions of the proper use of real estate. Following the lamentable razing of the great old Penn Station, the general proposition has been that any major project should have a distinctly positive public use. Landmark commissions, zoning boards and the like have imposed all sorts of restrictions and demands on property owners that interfere with their right to build as they would wish. Laws have been written after the fact (especially when Broadway theaters were jeopardized by real-estate development in the early 1980s) to restrict the right of property owners to do as they would wish with the land and buildings they own.
Thus, the outrage which greeted the suggestion that zoning boards and the like should and could be used to block the Cordoba Intitiative is bitterly comic. Such boards have been used for decades to block projects for reasons involving the “sensitivities” of a neighborhood, like the time Woody Allen and others fought the construction of a building at the corner of 91st and Madison on the grounds that it would harm the historic nature of the area — when in fact he and his neighbors were concerned about a shadow the building might cast on their communal backyard. Walter Cronkite went on a tear against a tall building being built by Donald Trump on the East Side near the UN because it was going to block his view.
Nor is the right of religious institutions or religious people absolute. You can’t put a religious school anywhere; Samuel Freedman’s book Jew vs. Jew details several cases in which more secular Jews have fought the installation of more religious Jewish institutions in their communities using zoning laws.
So by all means, let us pay tribute to the primacy of property rights. Or are they only to be invoked when convenient?




Realists Become Neocons
Richard Haass, the self-described “realist” who has come around to favor regime change in Iran and warned Obama to get over his obsession with the Middle East ”peace process,” reviews the list of belligerent moves by North Korea and then offers up some advice to the Obama administration masterminds:
Regime change to deal with despots? Dispense with self-defeating peace processing in the Middle East? Not remarkable views at all for CONTENTIONS or for COMMENTARY magazine, but startling indeed for a middle-of-the-road establishment figure like Haass. It seems that for those willing to absorb reality and not simply adopt the slogan of “realists,” the evidence is mounting that Obama’s absorption with engagement and disinclination to confront despots is useless and indeed counterproductive. These realists understand that the thugocracies are becoming more aggressive and the U.S. less credible and that some serious course correction is needed.
Political moderates and even liberals have grown disgusted with Obama’s abysmal record on human rights and religious freedom and nervous about his reluctance to project American power. The silver lining in Obama’s inept foreign policy is that a potentially broad-based alliance of critics is forming to suggest policies more in sync with neocon thinkers than with the starry-eyed multilateralist president. If not for the dangers to the U.S. and its allies, which Obama is doing little to abate (and much to increase), it would be a very positive development. Provided we and our allies can weather the Obama storm, his successor may have the benefit of a new bipartisan foreign-policy consensus, which has eluded us for some time.