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The NSA wiretap program is legal
The NSA wiretap debate is complicated, raising questions about FISA law and the Authorization to Use Military Force, as well as constitutional issues of separation of powers and the Fourth Amendment. Sometimes, even members of Congress need help interpreting these issues. When House Judiciary Chairman James Sensenbrenner needed insight on the law, he contacted Ashbrook’s own Robert Alt and John Eastman for their legal opinions. Robert’s letter to the chairman can be found on the Judiciary Committee’s web site here, and John’s letter can be found here. Robert tackles the statutory questions, showing why it is that Congress’s Authorization to Use Military Force passed in the aftermath of 9/11 gave the President all the statutory authority he needed to conduct the NSA program, and John addresses the separation of powers issues, demonstrating that the President has extensive authority in conducting intelligence operations in wartime. Both letters are important to the current debate. In fact, Chairman Sensenbrenner wrote to the Congressional Research Service, which had previously written a memo suggesting the wiretap program was unlawful, asking them to respond to critiques of the memo made by Alt and Eastman. Interesting stuff this. Who would think that lawyers might be capable of insight?
 Posted by Peter Schramm | Link to this Entry | Comments [9] | 2/14/2006 8:11 PM
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Happiness is....
Id be happy to read this survey report, summarized in this article, but I havent found the time yet. Here is one interesting finding: [T]he most robust correlations of all those described in this report are health, income, church attendance, being married and, yes, being a Republican. Indeed, being a Republican is associated not only with happiness, it is also associated with every other trait in this cluster. Even so, the factor that makes the most difference in predicting happiness is neither being a Republican nor being wealthy - its being in good health. There seems to be no data on the relationship between wisdom and happiness, though if education is a proxy (dubious, to be sure), education and happiness are positively correlated.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [1] | 2/14/2006 6:57 PM
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Harvey C- strikes again
This article on grade inflation at Harvard brings out all the apologists and reminds us of one persistent critic.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [632] | 2/14/2006 5:20 PM
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Cheney derangement syndrome
I’m not a hunter, but I live in a red state with lots of them. The hysteria over Saturday’s hunting accident strikes me as resulting from a mixture of press self-importance and the demands of the news cycle on an otherwise slow news day. For some of the liberal blog commentary, go here and here. For Power Line’s commentary, go here and here. For what it’s worth, one of my students observed in class that he and his brothers had more than once accidentally peppered one another with birdshot. I have no reason either to doubt his veracity or to suspect that he’s more reckless than most. It’s news because the VP did it, but it’s time to move on (coining a phrase). Update: NRO has good advice for Dick Cheney. Update #2: At the risk of further inciting the commenters, I note this Power Line post, regarding the frequency of "peppering" in South Dakota (regarding which I await Jon Schaffs further commentary) and this column by Charles Krauthammer.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [1037] | 2/14/2006 12:33 PM
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Guelzo on Lind on Lincoln
As Peter noted many months ago, Michael Linds book on Lincoln is simply bad. Framing his devastating criticism with kindness, Allen Guelzo shows how Linds effort to turn Lincoln into a racist money-grubbing capitalist (the Lefts favorite caricature of Republicans)doesnt work.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [4] | 2/14/2006 8:26 AM
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Gore at it again
Al Gore decries American treatment of Arabs post 9/11, according to this AP headline. He said bad and foolish things in the heart of Saudi Arabia. Shameful. My minds eye cannot see him as president. It would have been a debacle. Tigerhawk and Powerline have more.
 Posted by Peter Schramm | Link to this Entry | Comments [18] | 2/13/2006 11:10 AM
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Dangerous academics
As with many of David Horowitzs projects, I have mixed feelings about this one. On the one hand, those who politicize their classrooms, or who think that everything is political, should neither be surprised nor indignant if there is a political response. On the other hand, Im no more eager to see higher education politicized from the right than from the left. At the moment, I cant improve upon these thoughts, but I will reserve judgment on Horowitzs new book until Ive actually read it.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [4] | 2/13/2006 7:21 AM
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Defending the West
David Warren is probably the best journalist writing regularly in Canada today. Almost everything he writes, especially on contemporary Canada and on the war against Islamic terrorism, is fresh, thoughtful, and full of good sense. One of the few times I’ve found myself disagreeing with him is in the most recent essayin his “Essays on our Times” series. After laying out how Muslims should be culturally assimilated in Canada and very nicely describing some of the ways in which Islam differs fundamentally from our Western notions, he concludes as follows:
“This is a different worldview, from our Western one. It is not less rational – it works from different premises about man and God. We cannot dismiss it, on its own terms. We can say, however, that our premises are incompatible, and insist that in Canada, ours will prevail.”
Although Warren is discussing Canada, this conclusion appears to be widely believed in many Western countries. Unless I misunderstand something, it is very dangerous. It is true that Islam works from very different premises than we in the West do; and it may be true that we cannot dismiss Islam on its own terms – how many Westerners know Islam well enough to say whether or not it has important internal contradictions? But can we really expect to prevail in our struggle with radical Islam if we admit that its worldview is “not less rational” than our own and so believe that all we can do is “insist” that in our backyard Muslims must adopt our worldview?
If that is all we have say to the radical Muslim, why should he give up his views and adapt to our ways? We tell him that his view is just as rational as ours, but in addition to that, he believes he is following the commands of God: neither reason, then, nor faith tells him he should adapt to us. What then is to make him do it?
Even more fundamentally, perhaps, why should we cling to our own ways, believing them to be no more rational than those of the radical Muslim’s? It seems that one of the West’s fundamental claims is precisely that its worldview is more rational than the alternatives, many of which are founded on some form of revelation. It is true that Christians still survive in the West, but the public articulation of our primary ideas and principles, while not perhaps incompatible with Christianity, are also not specifically Christian. We claim that the West is hospitable to all sorts of people, good Hindus, for example. If we abandon that claim to superior rationality and concede to our enemies an equal right to possess the compelling character that belongs to reason, we have already lost the war.
When Warren says that Islam is no less rational than the Western worldview, he means that once you accept certain premises, Islam is a consistently worked out system. Our worldview is equally rational in this sense, only we start from different premises. The real difference, then, lies in the premises; and Warren appears to suggest that our premises are no more defensible than the Islamic ones; this is why all we can do is insist on our premises. What we really need, however, is not so much an act of insistence, that is, of pure will, as it is a real defense of our premises – a defense that shows why our premises are truer or better than the Islamic ones.
 Posted by David Foster | Link to this Entry | Comments [11] | 2/12/2006 11:05 AM
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Lincolns birthday
Today is Lincolns birthday. It seems odd that it is not a national holiday, and also odd that we dont have a toast, as we do on Churchills birthday. We read and listen. You might like Allan C. Guelzos lecture on the Emancipation Proclamation that he gave just as his book on the same was being published (2004). Good talk. I listened to it yesterday on my two walks. Here is my review of the book. And here are a couple of fragments from Lincoln; and another. For dessert, you might taste (but aloud) the Second Inaugural.
 Posted by Peter Schramm | Link to this Entry | Comments [2] | 2/12/2006 10:33 AM
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Democrats Hoping for Gains in Governorships
This story from Reuters, seems to indicate that Dems are hoping make some big gains in the upcoming governors’ races. Following Tim Kaine’s example (see below) they might. Further, as the story notes, many of the places where these upsets are likely to occur (such as California) are blue or purple states where the Republican is not viewed as strong. As the National Democratic Party implodes, it will be interesting to watch if these state races are successful for the Dems. I doubt whether anything gleaned from these races can translate into success for the Dems in 2008. But winning a majority of state executive offices cannot be a bad thing for their party. Republicans will have to step up their game on the state and local level--as Ken Blackwell is doing--if they want to continue to hold on to Congress.
 Posted by Julie Ponzi | Link to this Entry | Comments [669] | 2/10/2006 7:01 PM
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Betty Friedan RIP
Is there irony in the fact that the passing of Betty Friedan did not get as much attention this week as the passing of Coretta Scott King? Maggie Gallagher takes note of it in this article. She gives us a respectful but fair rememberance of Friedan and her legacy. Gallagher wonders whether we can finally recognize that: "The problem that feminism has never yet named is that women want to have children, and children compete with our ability to throw ourselves wholeheartedly into market production. Our children, by turning us into mothers, make us vulnerable, economically and emotionally." Can feminism or anything else ever change that?
 Posted by Julie Ponzi | Link to this Entry | Comments [236] | 2/10/2006 2:19 PM
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Gov. Tim Kaine--Sane Democrat?
Virginia Governor, Tim Kaine has an interesting article at Real Clear Politics discussing how he was able to win the Governors race in a red state. He argues that his win has something to teach the larger Democratic party. But as you read this ask yourself whether the lesson can be applied on a larger spectrum. Kaine backed away from his liberalism and appealed to conservative ideas in so doing. For example, he denied that his personal opposition to the death penalty would keep him from enforcing it because ". . . I took the oath of office as seriously as my wedding vows." He also got to mention his religious faith and Catholic ties in the process. He talked about tax-relief for homeowners, improving roads for suburban commuters, and increasing Pre-K programs--especially appealing to the demographic of married women. Clever. It worked for him in the way "fake Republicanism" almost did for Hackett in Ohio. But I think the days of this kind of strategy working on the national scene are over for two reasons. First, the Dems arent going to be able to nominate someone like this given their radicalized base. Second, I think when it comes to the larger issues in a national debate (not roads and pre-K programs!) voters wont fall for fake Republicanism. Theres so little in it for us when we support their national programs. We dont even get the satisfaction of seeing the programs work! We see the Dems coming with their wish-list and we hide our wallets. And as for Kaines most effective hammer, tax-relief, does anyone see a Democrat of national standing making that case in 2008? As Bush might say, "Bring it on!"
 Posted by Julie Ponzi | Link to this Entry | Comments [34] | 2/10/2006 11:49 AM
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Peggy Noonan on the CSK funeral
She gushes about how this is democracy in action. No complaints about Joseph Lowery (who, as I said, is kinda entitled, as a preacher, to make his flock squirm). A gibe directed at JC (what the initials signify in the mind of our former President only he knows), but no real criticism. And cetainly no discussion of whether a funeral is an appropriate occasion for petty politics. One thing PN clearly got right was her commentary on the Clintons: The real news was how the Clintons used the funeral to unveil how they will run in 2008: Together, side by side, with beautiful hairdos. I haven’t seen them like this--both standing at the podium--since 1992, when they were new. In the years since, after the health-care failure and the Whitewater scandals, the West Wing attitude toward the president’s wife was a quiet and respectful "Get that woman off the podium!" Not anymore. All is new again. Mrs. Clinton has clearly been working on her public speaking, and attempted to use her hands as her husband uses his, now in an emphasizing arc, now resting on her chest. But his are large, long and elegant, and hers are puffed and grasping.Both Clintons spoke in the cadence and with the imagery of the Bible. Mrs. Clinton’s first words, in which she referred to Mrs. King’s brave decision to continue her husband’s work after his murder, were steeped in religiosity. "As we are called, each of us must decide whether to answer that call by saying, ’Send me.’" She ended with, "The work of peace never ends. So we bid her earthly presence farewell. We wish her Godspeed on her homecoming. And we ask ourselves, ’Will we say, when the call comes, "Send me"?’"
Oh I think we will, Ms. Meanieface!
If you don’t understand that Mrs. Clinton was rehearsing her 2008 announcement speech, then you are a child and must go home and have a nice cup of cocoa.
This is what is coming: I have had a blessed life. And like so many people I could choose, after all these years, a life of comfort. Watch it from the sidelines, tend to my own concerns, watch the garden grow. But our nation calls out. And if we are to be Americans we must meet the call. "Send me."
With Bill nodding beside her, his hands clasped prayerfully in front of him, nodding and working that jaw muscle he works when he wants you to notice, for just a second, how hard it is sometimes for him to contain his admiration.
God I love them. After those paragraphs, I can forgive the first part. Almost.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [5] | 2/10/2006 10:07 AM
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American Muslims and cartoon violence
This article is interesting because it surveys the reactions of a wide range of Muslim organizations and individuals. Two points stand out. Junaid Ahmad, a law student at William and Mary, makes one of them: "This is not just a matter of being for freedom of speech and against freedom of speech," Ahmad said. "The first thing we should realize is that Muslims dont accept the basic framework. The principal issue here is not freedom of speech, but the Islamophobic context in which such a caricaturing of the prophet is taking place. I think thats the issue here."
Nevertheless, Ahmad said he was against laws restricting such speech. "You cant give the state too much power. Its better to fight hate not through laws but education and community organizing and activism." While I dont want to over-generalize, its probably fair to say that many American Muslims are not First Amendment absolutists. At the same time, if Ahmad is indicative, there is a certain sophisticated appreciation of limited government in some quarters. The second point is a willingness to live responsibly in a pluralistic society: "On the legal level and from an Islamic perspective, people have a choice," said Dr. Sayyid M. Syeed, secretary-general of the Indianapolis-based Islamic Society of North America, the largest Muslim organization in the United States. "I dont expect my neighbor to have the same reverence about the Prophet Muhammad. All that we are expecting is that they dont insult a personality thats made such a historical contribution. This is more a responsibility of living in a pluralistic society than a question of legal restrictions." Dega Muna agrees: To some U.S. Muslims, the cartoons of Muhammad are more a question of racism than blasphemy. "The cartoons border on hate speech. If people depicted Jews in that light, people would be very upset. If you look at them, they are very similar to cartoons drawn of Jews in Nazi Germany," said Dega Muna, 40, a Somali-born Muslim who grew up mostly in the U.S. and Canada and who coordinates a weekly "progressive Muslim" meet-up group in New York City.
"I agree its free speech, but with free speech comes responsibility, and knowing the consequences of your actions. They were provoking ... and this is the reaction they got. Unfortunately, it kind of proves their point, that Muslims are violent." I wish that Muna would take her show on the road, sharing the lessons she has learned about responsible and self-restrained conduct in a pluralistic society with the people who sanctioned the publication of these viciously anti-Semitic cartoons. Of course, the article has its faults, in part simply repeating a talking point about how the outbreak of violence stems from the fact that "the cartoons are seen by Muslims as the latest in a long line of western crimes against Muslims, he said. Those crimes include colonization and the ethnic cleansing of Bosnian Muslims to more recent images of the U.S. invasion of Iraq and perceived western Islamophobia." Theres also an attempt at moral equivalence, comparing a firebombing of a French movie theater showing The Last Temptation of Christ to the orchestated violence and widespread violent threats in response to these cartoons. Yes, there are intolerant and even violent Christians, just as there are intolerant and even violent Hindus, Jews, and atheists. But the scope of the violent threats and the state sponsorship of the violence are, in this case, on an entirely different plane. I admire and agree with American Muslims who speak of the importance of self-restraint and responsibility in a pluralistic society. I hope that its a lesson that spreads throughout the worldwide Muslim community and that is sustained and sustainable even as Muslim populations grow in numbers and influence.
 Posted by Joseph Knippenberg | Link to this Entry | Comments [10] | 2/9/2006 6:35 PM
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Getting Drunk on Partisanship and Bush-Hating
This is the cause of the apparent Democratic spiral to obscurity according to Jonah Goldberg in this interesting op-ed in todays Los Angeles Times. Its a nice overview of low-lights of their disasterous last week--which only augment the trend of decline. I liked these lines the best: "Some Democrats are furious that their party doesnt have its own ideas. Other say they do have ideas, theyre just keeping them secret for now. That sounds a lot like the high school geek who insists that his girlfriend is really hot but lives in an undisclosed location in Canada."
 Posted by Julie Ponzi | Link to this Entry | Comments [8] | 2/9/2006 2:10 PM
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Father Abraham
This book, Father Abraham: Lincolns Relentless Struggle to End Slavery, by Richard Striner, just landed on my desk. It is amazing how much is published on Lincoln each year, each month, seemingly each week. This looks like it is worth reading. I am also reminded that Lincolns birthday is coming up (the 12th) and you might want to celebrated it by reading something of his aloud, perhaps this or this.
And this is something I wrote on his birthday a few years back. Happy Birthday Old Abe!
 Posted by Peter Schramm | Link to this Entry | Comments [32] | 2/9/2006 11:58 AM
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Kelo Comes to Ohio
William Batchelder and Larry Obhof bring two cases to our attention that are before the Ohio Supreme Court. It seems that the City of Norwood has attempted to use its eminent domain power to sell private property to a private developer using some very suspicious "studies" that declare that the property in question is "blighted." Despite language in the Ohio Constitution and previous Ohio Supreme Court precedents that clearly forbid the use of eminent domain for private purposes, several courts have ruled in favor of the city. As Obhof and Batchelder explain:
The Ohio Supreme Court now has the opportunity to make history. It is the first state supreme court to address these issues following Kelo. Many more states will follow, and Ohio’s decision in Norwood will serve as a bellwether for other courts looking to protect property rights.
 Posted by Peter Schramm | Link to this Entry | Comments [403] | 2/9/2006 11:51 AM
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