Return to the Latest on No Left Turns
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What you write about on a slow news day
U.S. plans to invade Canada. I await Howard Deans claims that these plans cant succeed, not to mention John Kerrys reminder that hes a veteran of the War of 1812 (another unsuccessful invasion of Canada).
 Posted by Joseph Knippenberg | Link to this Entry | Comments [15] | 12/30/2005 6:59 AM
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Jeffrey Hart responds on abortion
Here. Two representative paragraphs: The actuality in elective abortion is that the woman is not willing to derail her life because of an unwanted pregnancy, a life she had worked for many years to shape, perhaps studied and worked. That now is an actuality different from the situation of most women fifty years ago. The womens revolution has happened. And in the "town meeting" the womens voice, and that of those who understand what the womens revolution means, will be heard and heeded.*** Now, no woman is obliged to have an abortion if her convictions are opposed. The convictions of many women, no doubt a majority, are not opposed. There is the political problem for those who would outlaw abortion. And of course the womens revolution has happened. We are living with its results. The year 1950 is not going to be restored, any more than the ancient regime was going to be restored after the Revolution. I didnt think I needed to say that revolutions have consequences. As Burke said in effect, to resist the inevitable effects of revolution is to throw sand into a hurricane. In his view, opinion seems to be fixed, in an almost reductive way, largely determined by interest and largely unchangeable by argument. Theres also a rather harsh swipe at Richard John Neuhaus, who hasnt yet responded at
his blogsite. Ill be watching to see how this develops.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [18] | 12/29/2005 11:11 PM
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Secrets
Im getting the picture. The famous couple--the mother having just recently retired--with their five year old twins, are just trying to slip quietly out of town, on vacation. But, hey, there are a few reporters around the terminal, and the father just cant resist being interviewed, even though he has nothing to say. So he talks to them, and so does one of the twins: "My daddys famous, my mommys a secret spy." Then Valerie and Joe, and the twins, quietly slip away to an undisclosed location. I bet the boys knew where they were going.
 Posted by Peter Schramm | Link to this Entry | Comments [2] | 12/29/2005 4:14 PM
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Edward Larson on evolution controversies
This seems to be a partial transcript (it begins rather abruptly) of a session, sponsored by the Pew Forum, in which Edward J. Larson, a very prominent law professor and historian of science (once affiliated with the Discovery Institute, though clearly no longer on the same wavelength), answers questions from leading American journalists about the evolution controversies. Larson knows a lot and holds nuanced views, so its quite worth reading.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [1] | 12/29/2005 9:23 AM
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Iraq and Afghanistan
Reuel Marc Gerecht undertakes a careful and incisive comparison of incipient Islamic democracies in Afghanistan and Iraq. The conclusion: Iraq and Afghanistan as liberal beacons in the region never really made much sense; as democracies in which devout Muslims wrestle through difficult questions about the proper relationship between God and man, they can have much more impact in the Middle East, where religion is like oxygen. Afghanistan and Iraq are at present the Muslim worlds two most important democratic laboratories. They are not causes for despair. On the contrary, for devout Muslims who are trying to introduce concepts of popular sovereignty into political philosophy, both nations are-and the word is used correctly-progressive. This may be hard for many secularized or disbelieving Westerners and Middle Easterners to swallow-"We have gone to war for this?"-but in the context of Middle Eastern history, we should be both hopeful and proud. The real question for us now is the one posed to me in Kabul by an Italian officer, who despite his soft manner had the martial spirit of a U.S. Marine: "Will the United States run? If you do, we all will." Read the whole thing.

 Posted by Joseph Knippenberg | Link to this Entry | Comments [2] | 12/29/2005 8:44 AM
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Imperial Grunts again
It turns out that President Bush is reading it in Crawford this Christmas season. Ive already recommended this interview over at TAE Online. Hugh Hewitts conversation with him is here. Another enthusiastic endorsement comes from my dad (U.S. Army, 1953-73), on whom I foisted the book. He really appreciated the non-commissioned officers who make up the backbone of the U.S. Special Forces and found that much of the book rang true to his own experience (now, of course, more than 30 years old).
 Posted by Joseph Knippenberg | Link to this Entry | Comments [3] | 12/28/2005 9:38 PM
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Red, blue, and high culture
One of the other elements of Jeffrey Hart’s WSJ piece that I overlooked yesterday was this: Conservatives assume that the Republican Party is by and large conservative. But this party has stood for many and various things in its history. The most recent change occurred in 1964, when its center of gravity shifted to the South and the Sunbelt, now the solid base of "Republicanism." The consequences of that profound shift are evident, especially with respect to prudence, education, intellect and high culture. It is an example of Machiavelli’s observation that institutions can retain the same outward name and aspect while transforming their substance entirely.
Matthew Yglesias heartily endorses this point: Can anyone seriously dispute that the vast majority of America’s premiere institutions of education and high culture are located in the "blue" areas? That’s not to say the South is some kind of total wasteland -- I visited the Fort Worth Modern Art Museum earlier this year and it’s first-rate, albeit a bit small -- but on the whole this stuff is primarily in the Northeast and to a lesser extent on the Pacific coast. At the same time, these institutions used to be bastions of conservatism and now -- as conservatives are wont to complain -- go the other way politically. This is a complicated issue. I want to respond first to Hart and then to Yglesias. Hart’s argument seems to be that the "modern" (post-1964) Republican Party--the party of Goldwater and Reagan--gained votes and power at the expense of its contact with "prudence, education, intellect, and high culture." Given the fact that these four attributes are going by and large to be the preserve of a relatively small minority, any party that gains voters, wherever it gains them, will lose some of its cultivated aspect. As recently as the brouhaha over the Miers nomination, some commentators noted tensions within the Republican coalition between the intellectuals (neo-conservatives and NR traditionalists, among others) and the base, whether it be the business class or the evangelical social conservatives. What I’ve found remarkable, however, is how well they’ve gotten along over the years. "Cowboy" that he was, Ronald Reagan provided the principal conduit for the influence of conservative intellectuals of various stripes in Washington. Of course, Professor Hart might reply that a policy wonk or an economist isn’t the same thing as a painter, poet, or critic. But not all the conservative intellectuals in Washington, D.C. were trained at Virginia Tech or George Mason. Some came from places like Harvard, Toronto, Claremont, and Chicago. (I hasten to note, lest I offend, that these are not the only universities in the country and that the study of public choice theory does not necessarily render one incapable of appreciating the good, the true, and the beautiful, nor, for that matter, does the study of Plato and his successors render one simply unappreciative of the way in which interests are often, if not always, appropriately understood.) Now on to Yglesias, who makes a more narrowly geographic point, but one not properly informed by history or demography. Yes, the great museums, symphonies, and universities are by and large located in blue states. When you’re settled first, established first, and start building collections and endowments a century or more before the competition, that’s going to happen. At the same time, it’s worth noting that most of those institutions, wherever they’re located, are now essentially national in their outlook. The top figures in Atlanta’s "regional" theatre, for example, are recruited from, or leave for, other parts of the country. To take another example from my little slice of the world: my department, consisting of seven full-time faculty members, counts Ph.D.’s from Harvard, Penn, Chicago, Ohio State, Toronto, and Emory; my colleagues hail from Cambridge, Providence, Eugene, Chicago, southern California, and Paris. In other words, you have to dig pretty deeply before you find a pronounced regionalism in cultural and educational institutions in even as red a state as Georgia. Finally, Yglesias celebrates what I would hope Hart would deprecate as a kind of "treason of the clerks": our great cultural and educational institutions by and large no longer regard themselves as transmitters of a tradition, but rather as deconstructors and ironic critics of that tradition, often in service of a political agenda. By contrast, for example, classical learning is quite alive in "classical and Christian schools", the majority of which are located in red states. Higher education and the patronage of fine cultural establishments are certainly not inconsistent with a genuine appreciation of "the permanent things," but they have long since ceased being guarantors of that appreciation. Hat tip: Jonah Goldberg, who has more. Update: Things are still hopping at The Corner, while this site is helpfully trying to sort things out. Update #2: Armavirumque provides some helpful context for Harts WSJ essay.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [68] | 12/28/2005 12:40 PM
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NSA surveillance in court
This NYT article suggests that defense lawyers are readying evidentiary challenges in cases where their clients might have been ensnared, or have had evidence against them gathered, through the NSA program. Im fairly confident that at least one judge somewhere will rule that we have an illegal search and seizure here. Will higher courts overrule him or her?
 Posted by Joseph Knippenberg | Link to this Entry | Comments [1] | 12/28/2005 9:33 AM
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Unpacking suburban Republicanism
Fred Barnes calls our attention to Rep. Mark Kirk’s efforts to defend and rebuild waning Republican strength in close-in suburbs. I’m not convinced that the issues that he’s identified are sufficiently salient to overcome "image problems" the Republican Party has with the professionals who increasingly populate what Kirk calls the "inurbs" (as opposed to the exurbs). If you want to read more about Kirk’s efforts, go here and here.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [2] | 12/28/2005 9:11 AM
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Boys to men: where?
This article looks at the troubling trends regarding male participation in education, a subject I discussed from another angle here. Though not quite on the subject, we shouldnt overlook this piece.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [2] | 12/28/2005 9:05 AM
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A preface on gaining friends and losing wisdom
I note John Moser’s point below (and Victor Davis Hanson’s) only because I trust them more than I do, for example, Robert Kuttner, who wrote on the same theme just two days after Hanson did. Kuttner uses Doris Kearns Goodwin’s new book on Lincoln, Team of Rivals, to make some points: 1) Lincoln is not Bush; 2) Lincoln was better at persuading people than Bush is; 3) Lincoln was a genius at "winning the trust and affection of rivals," and Bush is not; 4) Lincoln included in his cabinet "prominent leaders of different factions of his party who had opposed him for the 1860 nomination"; 5) Lincoln read books, Bush does not; 6) Lincoln wrote his own speeches, Bush does not. 7) Lincoln grew in office, Bush does not (and, by the way, no Republican has ever "grown in office" since Lincoln, I would add!). You get the drift. There is more. I like this sentence: "Despite civil insurrection, Lincoln resisted broad intrusions on democratic rights. Bush runs roughshod over liberties." Yet, Mr. Kuttner believes that the Union will survive the Bush presidency, although he does not tell us why. There is more to be said on these matters, and I’m working myself up to it...it will take weeks at this pace. But I will mention, en passant, only this. Whenever a Liberal writes a book on Lincoln (Goodwin in this case, and David Herbert Donald a few years ago), the Liberal cognoscenti shout Lincoln’s perceived liberal virtues at those of us who belong to his party and who find him estimable for all of his virtues, including his steadfastness, his unbowing principles, his love of the nation and "the cause of my country," and his courage to fight the war with all his might. I find the Liberal shouting both offensive and childish. Is this the best they can do? Whine about not having enough Liberals in the Cabinet? Or whine about not being consulted enough? Where are the finely tuned Liberal minds of old, where is the brain trust, where are the best and the brightest? I see carpers only. Wesley Clark would have become a Republican if only Karl Rove would have returned his phone calls? We are to spend time reflecting on this? Sometimes this great world bores me.
 Posted by Peter Schramm | Link to this Entry | Comments [8] | 12/27/2005 1:00 PM
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The "conservative mind" today
In an effort to define contemporary conservatism, Dartmouth professor emeritus Jeffrey Hart (no slouch, he) provokes. Aside from the typical critique of GWB’s "Wilsonian" foreign policy, there’s this about abortion: Burke had a sense of the great power and complexity of forces driving important social processes and changes. Nevertheless, most conservatives defend the "right to life," even of a single-cell embryo, and call for a total ban on abortion. To put it flatly, this is not going to happen. Too many powerful social forces are aligned against it, and it is therefore a utopian notion.
Roe relocated decision-making about abortion from state governments to the individual woman, and was thus a libertarian, not a liberal, ruling. Planned Parenthood v. Casey supported Roe, but gave it a social dimension, making the woman’s choice a derivative of the women’s revolution. This has been the result of many accumulating social facts, and its results already have been largely assimilated. Roe reflected, and reflects, a relentlessly changing social actuality. Simply to pull an abstract "right to life" out of the Declaration of Independence is not conservative but Jacobinical. To be sure, the Roe decision was certainly an example of judicial overreach. Combined with Casey, however, it did address the reality of the American social process. Get it? Asserting a right to life is "not conservative but Jacobinical." This from a man who insists upon the importance of "religion in its magisterial forms," which is to say something like the Roman Catholic Church, which I guess is "Jacobinical" in its magisterial pronouncements on abortion. I suppose that the Roman Catholic Church--or any other--should only assert its authority in a manner consonant with "the reality of the American social process." It shouldn’t stand athwart history shouting "Stop!", but perhaps only "Slow down a tad, would you please?!?" Professor Hart also invokes the shade of William James, whose philosophy was "always open to experience and judging by experience within given conditions." But isn’t Jamesian pragmatism an "enemy of the permanent things"? I could say much more, but this seems sufficient to provoke some discussion. Can Professor Hart have it both ways, appealing to the power of the magisterial religious traditions and accommodating to "the reality of the American social process"? Is prudence the equivalent of Jamesian pragmatism, or is it informed by high principle, attempting to instantiate and embody it in ways consistent with "the facts on the ground." Update: Jonah Goldberg has some thoughts. For the source of Hart’s animus, one might consider this. Update #2: There’s lot’s more at The Corner.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [364] | 12/27/2005 9:09 AM
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Adult literacy in decline
This article summarizes the findings of this study, also discussed here. Much of the decline from 1992 to 2003 is likely due to immigration, but there are still some startling findings about higher education, discernible in these tables (numbers 11 and 12). Note that in 2003 17% of college graduates scored at basic or below in prose literacy, while only 31% scored as proficient, a 9 point decline since 1992. Also in 2003, 11% of those possessing graduate degrees scored at basic or below, while only 41% scored proficient, a 10 point decline since the last survey. These standards are not high: "proficient" is defined as the capacity to "compar[e] viewpoints in two editorials"; basic literacy requires the ability to read a pamphlet, below basic the capacity to sign a form. As Mark S. Schneider, Commissioner of Education Statistics, put it, "Whats disturbing is that the assessment is not designed to test your understanding of Proust, but to test your ability to read labels." Let me repeat: less than half of those with graduate degrees can read (and presumably think) well enough to compare two newspaper editorials. What say you, dear readers?
 Posted by Joseph Knippenberg | Link to this Entry | Comments [8] | 12/27/2005 8:39 AM
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How to Lose Friends and Influence People
I had meant to blog on this piece by Victor David Hanson when it first appeared, but was on the Grand Family Christmas Tour. Anyway, its worth our attention now, since last weeks discussions of wiretaps brought repeated reference to the precedent of Abraham Lincoln. The entire op-ed is worth reading (and its brief), but his point is that wartime presidents like Lincoln and FDR were able to build consensus by appointing some of their political opponents to important positions. He notes that three recent critics--John Murtha, Richard Clarke, and Wesley Clark--could all have remained friends of the administration had they been given a respectful hearing: There are lessons here in managing a difficult war. We must never forget age-old considerations such as pride, honor and status. Washington is a Darwinian place where the ambitious arrive, leaving friends, family and birthplace behind to calibrate their new self-worth by the degree to which they are considered important — and needed.
 Posted by John Moser | Link to this Entry | Comments [5] | 12/26/2005 4:19 PM
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The latest Alito kerfuffle
Among the documents released by the National Archives yesterday was this collection of memos (Alito’s is the first, roughly seven pages in length), regarding this case. The issue involved Nixon Administration Attorney General John Mitchell’s immunity in a lawsuit filed regarding warrantless wiretaps he authorized in 1970. You can read the coverage in the major dailies here, here, here, and here. At least two of the articles outrun the facts they’re reporting. The LAT reporters characterize the wiretaps authorized by Mitchell as simply "illegal," though, as they later note, "Mitchell escaped liability because the justices concluded that the law was not clear in 1970 when he ordered the wiretap." The NYT reporters characterize the argument Alito and the Reagan Administration were making as that "top officials were free to violate the law." This, of course, isn’t quite accurate: freedom from personal financial liability in lawsuits isn’t the same as the kind of carte blanche Mel Brooks claimed as Louis XIV in
History of the World, Part I. Democrats have of course leapt on this case, trying to link it to the electronic surveillance conducted by the NSA after 9/11. "At a time when the nation is faced with revelations that the Administration has been wiretapping American citizens, we find that we have a nominee who believes that officials who order warrantless wiretaps of Americans should be immune from legal accountability," said Sen. Edward M. Kennedy (D-Mass.). To which there are several responses, such as this: But Alito supporters noted that the memo does not defend the practice of warrantless eavesdropping, instead dealing only with the question of whether government officials who often must act quickly can be sued for damages when they err. Nor did the memo deal with the question of whether a warrant was necessary to investigate foreign threats.
"Despite Democrats’ attempts to link this memo to reports of NSA activities, the two have nothing to do with each other," said White House spokesman Steve Schmidt. And this, from the WaPo article: [T]he argument that the president and his top aides were entitled to absolute immunity was not a new one.The Carter administration had taken that position in wiretapping cases stemming from the Watergate scandal, but the issue had not been clearly resolved by the Supreme Court. And, finally, this dictum, from the majority opinion in Harlow v. Fitzgerald, cited by Alito in his memo: For aides entrusted with discretionary authority in such sensitive areas as national security or foreign policy, absolute immunity might well be justified to protect the unhesitating performance of functions vital to the national interest. I guess there will be lots of fun in the new year.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [5] | 12/24/2005 9:00 AM
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The President’s War Powers Include Surveillance
On June 9, 1941—six months before the Japanese attack at Pearl Harbor that would bring the United States into the Second World War—President Franklin Roosevelt issued an executive order seizing an aircraft manufacturing plant operated by North American Aviation, Inc. in Inglewood, California. The seizure was necessary, wrote President Roosevelt, in order to prevent a strike by union employees from crippling aircraft production that was vital to the national defense. No act of Congress authorized the seizure, and the existing procedures for condemnation of private property were not followed, making President Roosevelt’s actions technically “illegal.” President Roosevelt also imposed 48-hour work weeks and barred payment of double-time pay for weekend and holiday pay in the nation’s manufacturing plants, all by executive order and in violation of the Fair Labor Standards Act, because he deemed the actions necessary to the nation’s war effort.
A decade later, on April 8, 1952, President Harry Truman ordered the seizure of the nation’s steel mills in order to avert a strike that would cripple the steel production necessary to our military involvement in Korea. Like Roosevelt before him, Truman’s order did not comply with the statutory requirements for condemnation of private property. Unlike Roosevelt’s actions, though, Truman’s seizure order was challenged all the way to the Supreme Court, which ultimately held in Youngstown Sheet & Tube Co. v. Sawyer that none of the President’s constitutional powers—as chief executive obligated to take care that the laws be faithfully executed, or as commander-in-chief—were sufficient to sustain the seizure. Justice Jackson, in a landmark concurring opinion, found “alarming” the claim that the President could “vastly enlarge his mastery over the internal affairs of the country by his own commitment of the Nation’s armed forces to some foreign venture.”
Sentiments such as Justice Jackson’s now serve as the foundation for the claims of “illegality” being leveled against President Bush in the wake of the disclosure in last Friday’s New York Times that the President has authorized eavesdropping on international calls originating in the United States to Al Queda operatives abroad. The President’s order “violated” the requirements of the Foreign Intelligence Surveillance Act, and was therefore “illegal,” assert the President’s detractors.
Before accepting such contentions, it is worth exploring a bit more the subtle nuances of Justice Jackson’s opinion, for he did not say that the President was not without authority absent statutory authorization. Obviously, the President’s authority is at its peak when he acts both pursuant to his own authority under the Constitution and by virtue of additional statutory authority given to him by Congress. Less strong, but no less certain, is when the President acts by virtue of his own constitutional powers, in the face of congressional silence. Finally, Justice Jackson even conceded that, at times, the President could act pursuant to his Article II constitutional powers even contrary to an explicit act of Congress. Congress cannot pass a law that curtails powers the President has directly from the Constitution itself. The problem for Truman, according to Justice Jackson, was not that he exceeded statutory authority, but that his constitutional war powers did not, under the circumstances, permit him to trump the mechanisms of the relevant congressional statute. Congress had not authorized the war, and the nation’s steel mills were too far removed from the “theater of war” to fall under the President’s power as Commander-in-Chief.
A careful review of the Youngstown holding in general, and of Justice Jackson’s concurring opinion in particular, yields several important distinctions that vindicate President Bush’s latest actions in the war against terrorism. First, Congress has authorized the use of force in terms broad enough to permit the President’s actions. The Supreme Court has already held in the Hamdi case that the statute was broad enough to give the President authority to detain U.S. citizens as enemy combatants; surely it is therefore broad enough to serve as authority for the much lesser intrusion on personal liberty at issue with surveillance of international calls made to our enemies.
Second, as September 11 made very clear, the United States is a “theater of war.” The agents of our stateless, terrorist enemies are here on U.S. soil, aiming to strike at our infrastructure, our citizens, and our very way of life at every possible opportunity. Even if the Use of Force Authorization was not sufficient to sustain the President’s executive order, his own powers as Commander-in-Chief and as President, derived directly from the Constitution itself, permit this carefully circumscribed effort at thwarting the next devastating terrorist attack against our nation.
In other words, the President’s legal advisors were correct in counseling that these actions were within his lawful constitutional authority, and the quick claims by the President’s detractors of “illegality” have a stench of political opportunism or, worse, demagoguery about them that is not only inappropriate but dangerous in time of war. That this war has not produced the burdens on our civilian population as wars in times past—we know nothing of the sacrifices of rationing, of a large-scale draft, or of victory gardens and war bonds that were the hallmarks of the Second World War, for example—should not lead us to forget that we are in a war as dangerous to our survival as a free people as any we have faced.
After suspending the writ of habeas corpus during the Civil War, an action that was believed to be authorized only by act of Congress, President Abraham Lincoln asked whether all the laws but one were to go unexecuted lest that one be violated. The preservation of the Union required the action, even if Congress had not authorized it, and Lincoln was statesman enough to understand that his own powers as Commander-in-Chief could not be circumscribed by statute, even though those actions might be claimed to be “illegal.” President Roosevelt understood this as well, and took actions that exceeded and were even contrary to existing statutes. Thank God he did, or we might not be living in a land as protective of our liberties as this is.
 Posted by John C. Eastman | Link to this Entry | Comments [3131] | 12/23/2005 12:43 PM
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David Warren
David Warren on Bush and Christmas, and Methodists and Catholics and Muslims, and Canadian politics and Christmas. Nicely done. Merry Christmas, Mr. Warren. I always enjoy your essays.
 Posted by Peter Schramm | Link to this Entry | Comments [1] | 12/23/2005 8:15 AM
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