Friday, October 21, 2005

"JunkYard BLOG" Dept.
(A Rerum Novarum Twenty-One Part Salute)

The JunkYard BLOG long form commentary threads on this weblog have become more infrequent and longer in the past eight months. In light of this circumstance, it seems prudent to the present writer to focus on returning this feature to the monthly (or bimonthly) regularity that it had for approximately the first year of this weblog's existence. How many installments each one would have with that frequent a posting depends on what time your host will have for putting such threads together. Nonetheless, that will not stop this update thread from being a rather lengthy one of course ;-) Indeed, the thread you have before you is the one spoken of earlier and without further ado, let Us get to it now starting with the Koran/Gitmo subject...

THE SPECTACLE

of watching Pentagon brass and a big-shot spokesman conduct a press conference over the finer points of how to handle the Koran is really too much. Just too much.

But that's what just happened. I caught it on Fox.

There was General Jay Hood or something like that along with that Pentagon guy that looks like he might have been an extra on Perfect Strangers, taking serious questions from the press corp about who did and didn't do what to the Koran at Gitmo. Like. It. Matters. There was the press asking those serious questions in serious tones, as though it ought to matter whether or not a US military guard ever did anything to offend a terrorist in a cage. Who was caught on a battlefield in either Afghanistan or Iraq. Shooting at our troops. When he wasn't planning to kill our civilians. Or capture contractors and behead them. Violating the laws of war and the standards of basic humanity at every turn of the sod's miserable waste of a life.

We get accused of mishandling a book. They actually cut people's heads off while they scream. Pardon me if I can't get worked up much about the former, m'kay?

Well stated Bryan!!! The idiocies of people who appear more concerned about US soldiers mishandling the Koran or detaining children{1} than with Islamofascists who murder children and cut the heads off of people{2} is inexcusable. For Our part, it is a mystery to Us how such people can sleep at night with a clear conscience but that is a subject for another time perhaps.

As far as the approach being taken towards these prisoners, the present writer is reminded of an audio post he recorded last July on the problems with humanizing formal enemies and unfortunately the United States Military is doing just that (much as the MSM has been). This problem was later discussed in a bit more detail (and a slightly broader scope) by Us in a two part thread of audiomusings from September of 2004. It suffices at the moment to note that in those treatments, your host was highly critical (and with good reason) about the very same kind of coverage we are seeing with this entire Koran/Gitmo situation: it does not bode well for our overall success in the war on terror and that is the bottom line.

The general said something about being extry crispy careful to tread lightly around the religious sensitivities of caged nutcases. The press asked a snarky follow-up. Ad nauseum from now until the war ends.

We are freaking nuts. We are going around and around about this Newsweek story that was based on hearsay generated in all likelihood by some terrorist because his training manuals command him to generate controversy about the military. That Newsweek story should never have seen the light of day because it was nothing but hot air. They had no facts. They had nothin'. That story didn't meet the basic standards for the homeroom newsletter at Paducah Junior High. Yet our entire nation and indeed the entire dumb world has been wrapped around it for weeks.

But Newsweek reported it anyway, and hilarity--if you think deadly riots involving millions of people are hilarious--ensued. And the press keeps circling around this story, as if it was based on any facts. And now we fly in the commanding general all the way from Gitmo to treat the press as if the story would matter even if it were true, never mind it was based on nothing. And to treat the press as if it wasn't populated by well-paid know-nothings who have apparently never set one toe into the real world. Never mind that the injured feelings of terrorists shouldn't matter more than the lives of innocent civilians, but apparently those feelings do matter a great hairy deal.

Sigh. My outrage meter broke sometime last October and I've never gotten around to put it in the shop. Now I don't think I'll bother. I'd just break it again...[Continued...]

None of this is surprising when you consider the depths to which the journalism profession has sunk. As this writer noted recently in some musings on the Deep Throat situation:

The depravity to which the journalistic profession has fallen since the days of Watergate can be to some extent pinned on Woodward and Bernstein...not as much them personally as what they ushered in in the aftermath of the Nixon resignation. [...] The journalistic profession has become one where you "make it" by finding someone whose reputation you can destroy. Ethics are often not a factor, indeed morals and ethics often get the screw from journalists who are trying to "make it" and then (for those who "make it") the same tactics are utilized to try and stay "on top." The same is the case with the legal profession and the political profession: oftentimes those who "make it" do so by screwing other people. So the parallel to prostitution is an apt one. The only difference of course is that prostitutes are somewhat honest about it. But enough on that subject for now.

...Woodward and Bernstein by their approach to "Deep Throat" ushered in a new era of journalism which is rotten to the core. It is comprised of people who seek to create news and who are interested in spinning the facts to advance an agenda rather than report on what is happening and letting the readers draw their own conclusions. The ethics in this field are abysmal and a strong reason why the MSM is slowly becoming more and more irrelevant in this new age of alternative media is because they are no longer a monopoly. [Excerpt from Rerum Novarum (circa June 1, 2005)]

That encapsulates the problem in a nutshell. As for the rest of the article, it is worth reading too -particularly what Bryan notes about the ACLU and their handling of the Gitmo situation as well as the Mexican border situation with the Minutemen. Bryan is right, the ACLU should be tried for treason if not for sedition. But enough on that subject as there is a lot left to to cover.


GEORGE GALLOWAY, SADDAMITE SYMP--AND LIAR?

Clinton Watson Taylor distills the evidence pointing to the possibility that British MP George Galloway lied under oath before the US Senate.

So when Mr. Galloway told Senator Coleman that Zureikat...

"donated money to our campaign, which we publicly brandished on all of our literature, along with the other donors to the campaign."

...Mr. Galloway was not telling the truth, at least about his website. This was no mere oversight, because on April 2, 2001, the Mariam Appeal site already had "emblazoned" Mr. Zureikat's involvement as a representative, but not as a donor. A visitor to the site would infer that Zureikat was actually a beneficiary of the Miriam Appeal's books and donations, rather than a £375,000 donor.

Actually, Mr. Zureikat was more than just a contact person for Mariam Appeal. And he was more than just a major donor. In "late 2000 or early 2001," according to Mr. Galloway's testimony, Mr. Zureikat became Mariam Appeal's chairman. Funny, isn't it, how that doesn't show up on the site?

Zureikat is neck-deep in Oil-For-Food shenanigans. His relationship to Galloway, disguised on Galloway's old website and now apparently distorted by Galloway in his testimony before the Senate, may link Britian's most blustery Saddam supporter to the massive UN scandal as well. [LINK]

As one who tends to be naturally suspicious of those whom the MSM lauds, this revelation is not surprising to your host. And if it is true, it points out yet another vocal opponent of the military intervention in Iraq who posed as all morally righteous while (in reality) they were out to protect their own selfish interests. From one example of hypocrisy to another, we get the following gem...

MINUTEMAN APPEARANCE: PROTESTORS TURN VIOLENT

From the LA Times:

The demonstrators had gathered at the Women's Civic Club of Garden Grove on Chapman Avenue about 7:30 p.m. to protest an appearance by James Gilchrist, charging that he and his group were racist.

Gilchrist has denied those claims and insists the group is stopping only illegal immigration. His talk was sponsored by Citizens for Action Now, an anti-illegal immigration group.

The motorist had attended Gilchrist's speech and was leaving when protesters began hitting his van with placards and other objects, said Garden Grove Police Lt. David Kivler. The driver, who was not identified but spoke to a KCAL-TV Channel 9 reporter, said he gunned his car engine to get away from the crowd. The man was arrested.

Authorities said the incident occurred when 100 listeners attempted to leave through the crowd of demonstrators. Kivler said protesters gathered around one of their cars.

"They surrounded it and started beating on it," Kivler said. Then, a second car tried to get through the crowd as well.

"As he was doing so he hit at least three people," Kivler said. All three were transported to a local hospital. None had major injuries, he said.

So apparently these protestors, quick to call anyone who disagrees with their open border stance a "racists," are also quick to try and intimidate and threaten anyone who so much as attends a speech delivered by someone who disagrees with them. That's thuggery. I'm having a hard time blaming the guy in the car here, considering what these mobs are capable of doing. [LINK]

The original link in Bryan's thread was expired and after a bit of perusing the archives, your host found the story. Go HERE for details. As Bryan has a solid trackrecord for citing his sources correctly, your host has no reason whatsoever to doubt him on this matter. But that is neither here nor there.

Remember dear readers, these abusive sorts are the same ones who claim to be "more 'tolerant' than thou." This is why the double standard bears noting: because it shows the blatant hypocrisy of the so-called "progressivists" who claim they are more "tolerant", more "loving", and more "inclusive" than thou. In truth, Fr. Richard John Neuhaus aptly summarized their view in noting that [a]llegiance to the left, however variously defined, was a religion, and dissent was punished by excommunication. And what these so-called "protesters" did was exactly that: seek to utilize a form of "public discourse excommunication" of those who disagree with them from the arena of ideas. So much for their vaunted slogans of "tolerance", "inclusion", and all that other jibberish that they commonly espouse. Aaah but the hypocrisy continues...


DISBAR THE BURGLAR

Sandy Bergler is facing action to disbar him:

WASHINGTON – Sandy Berger, the former national security adviser who pleaded guilty to charges of stealing classified material from the National Archives and lying to federal investigators, now faces an effort to disbar him in the nation's capital.

Judicial Watch, the public interest group that investigates corruption in government, said today it has filed a formal bar complaint against Berger with the Office of Bar Counsel for the District of Columbia Bar.

Berger knowingly took classified documents, smuggled them out of the National Archives and then destroyed them. Disbarment should be the least of his worries. [LINK]

Precisely. For those who are interested, your host mused on this subject last July in an audiopost. For the record, the minimum that Berger deserves is life in prison for this charade. For that reason, disbarmant should be (as Bryan noted) the least of his worries. Your host should point out that if this was a Republican security head sneaking confidential documents out of the National Archives and shredding them, the MSM would be trumpeting this as a "travesty" and probably refer to it as "Trousergate." But because Berger was a Clinton man, he gets a benign mention at best on the matter; ergo continuing the blatant hypocrisy of the supposedly "non-partisan" MSM. But the hypocrisy continues...


SEPARATION OF CHURCH AND STATE?

A rightwing Republican Congressman has introduced a bill in the House demanding respectful treatment of the Bible. Get yer torches and pitchforks, people, and make sure to ring up the press.

But...

Before you do all of that, I need to clarify a couple of details.

The Congressman isn't a rightwing Republican. He's a leftwing Democrat. And it's not the Bible's respectful treatment he is trying to be made law of the land. It's the Koran.

Where did all the pitchforks go? And where's the ACLU to decry this encroachment on the separation of church and state? Hmmm? [Continued...]

This is a common complaint of sorts from people who identify themselves as "conservative" but it is certainly one with plenty of merit to it. For readers who question this assertion, there is certainly no shortage of evidences that could be brought forward to substantiate the proposition that there are countless examples of media double standards. What Bryan notes above is only the latest installment in that long saga...approximately "part mcmlxxxiv" if we put it in Roman numerals.


IF YOU BAN KITCHEN KNIVES...

...pretty soon only criminals will be able to dice an onion. Somebody must have taken an extra dose of stupid pills today to come up with this:

A&E doctors are calling for a ban on long pointed kitchen knives to reduce deaths from stabbing.

A team from West Middlesex University Hospital said violent crime is on the increase - and kitchen knives are used in as many as half of all stabbings.

They argued many assaults are committed impulsively, prompted by alcohol and drugs, and a kitchen knife often makes an all too available weapon.

The research is published in the British Medical Journal.

The researchers said there was no reason for long pointed knives to be publicly available at all.

This nonsense actually has a history, starting unsurprisingly in France... [Continued...]

Once again, rather than focus on people's behaviour and ways of influencing that, the focus is instead on the inanimate object involved in the bad behaviour. The root and matrix of the problem is one of extreme liberalism being a mental disorder -in this case the disorder of solipsism.

If these people actually sought to look at the subject in question logically, they would hopefully realize that weapons bans do not affect the access of criminals to those banned items. The reason should be obvious: criminals do not play by the rules. That is why the crime rate is as a rule higher in places with strict gun control laws and lower as a rule where such restrictions are minimal if existent at all.

Your host predicts that the British -who have the same kinds of problems with knives that we do with guns in America -will discover this the hard way when crimes with these kinds of knives increase rather than decrease with this new policy. One would have thought they would have realized this by taking note of the significant failure of their gun control policies to curb gun-related violence but then again, that would require a normal intact functioning brain capable of utilizing such tools as reason and logic. With extreme liberalism being the mental disorder it is (and not a political philosophy) their failure to recognize this does not surprise Us. Moving on though, there is the subject of Linda Foley...

LINDA FOLEY CAN'T HIDE FOREVER

But she's trying. But a reporter and member of the Newspaper Guild union is trying to flush her out:

Up to now, your efforts at clarification have merely muddied the waters. I declare myself confused, and I'm not happy about it. I want to be clear about where my union's president stands on this issue.

I therefore call upon you to state clearly and unambiguously whether you believe that any branch of the US military or government has adopted a deliberate policy of targeting journalists in war zones. This is a simple question, easily answered. I can see no rational reason for you to hesitate about answering it.

At a time when the public's trust in the integrity of journalism is at a new low, our profession can't afford to encourage the perception that we're economical with the truth. I trust you'll put aside your hesitation and immediately explain yourself publicly, in a way that leaves no further doubt about your views on this matter.

Rtwt. Here's what I think has to happen for Foley to finally come out of the shadows and start talking. Reporters such as Hiawatha Bray, quoted above, need to not only publicly call on Foley to either put up evidence backing her claims or retract those claims and apologize. Members of the unions Foley leads need to start internal action against her. There is usually a process within these organizations to remove high officers for misconduct or other serious breaches of the union members' trust. Some reporter or preferrably groups of reporters should begin the process to remove Linda Foley. These processes usually entail some sort of investigation, and if the CWA and NP processes do, we'll get some answers. And just starting the action may in and of itself force her to come out of the jungle where she's evidently been hiding with those two 80-year-old Japanse soldiers and start talking. [LINK]

The situation with Linda Foley is yet another example of the rot that often seeks to pass itself off as "journalism" these days.{3} It bears recalling Our musings on the subject of "Deep Throat" and the correlative ramifications thereof to understand with greater precision this dynamic. Another thread pertaining to this subject that comes to mind is one We posted back in December on why many bloggers are more reliable than most who consider themselves "journalists" for getting their facts correct.{4} But enough on that subject and onto a bit of humour in this sequence...

"ALLIES, PART V"

For various reasons, your humble servant was derelict in using any of the previous posts in the Allies series in any JYB update threads. They are to be highly recommended for reading though after you read the above thread. The aforementioned thread summarizes well (and in a somewhat humourous fashion) the reality of the evil we are facing and why so many self-styled "peacemakers" are not taken seriously by social commentators such as Bryan Preston and your humble servant at Rerum Novarum.

WELL, THAT'S DISMISSIVE

Instapundit's quick-take on an important new book:

IN THE MAIL: A copy of Ben Shapiro's book, Porn Generation : How Social Liberalism is Corrupting our Future.

While there's no doubt that porn is much more widespread (amusingly, there's a link to the "Paris Hilton collection" on Shapiro's Amazon page), as I've noted before, there's not much support for the idea that more-available porn (or pro-sex material generally) is doing any harm to America's children.

Yeah, that're real amusing--the fusion of the high-class hotel heiress with gutter entertainment is just a laugh riot.

The book in question is Ben Shapiro's Porn Generation : How Social Liberalism is Corrupting our Future, and here's the blurb from its Amazon page:

In Porn Generation you'll learn: · How porn producers see themselves as shaping and taking over Mainstreet U.S.A. · The real face of taxpayer-funded sex education: nine-year-olds learning about condoms; twelve-year-olds being questioned about their "sexual orientation" · The new collegiate do's (accepting "sexile") and don'ts ("dormcest") · How Hollywood and TV have mainstreamed pornography: why porn stars now turn up regularly on television and in glossy ads—and why celebrities imitate porn stars · Mamas, don't let your daughters grow up to be co-eds: why on college campuses—and throughout the porn generation—sexual relationships are as disposable as used condoms Is there any good news? Yes. A lifestyle of playing pimps and hos—even if dressed up in preppie clothing—can only last so long before disease, despair, and depression set in—and many in the porn generation are beginning to wake up to their tragedy. Ben Shapiro closes Porn Generation with a roundtable discussion that brings together the diverse perspectives of columnist and bestselling author Michelle Malkin, Dallas Morning News op-ed editor Rod Dreher, former Princeton chaplain Father C. J. McCloskey III, and columnist and bestselling author David Limbaugh to discuss how bad things have become and what the prospects are for bringing the porn generation back from the brink. Porn Generation is the book that will define this generation—and provide a warning for generations to come.

It seems to me that Shapiro's book should be at least as important to the father of young children--Reynolds is one, I am another--as Buzz Aldrin's new children's book about space travel, to which Reynolds devotes more pixels today. But that's how Reynolds deals with social issues coming from the right generally--mention them only long enough to take a swipe at them, never giving them any amount of serious consideration.

UPDATE: InstaJerk. Note to publishers: Books dealing with morality are evidently over Glenn Reynolds' head. Don't waste your time sending review copies to him. [LINK]

Those who wonder why Rerum Novarum does not link to Instapundit and does not mention them that often{5}, you now have your answer essentially. The subject of pornography is not a simple subject to discuss for many reasons and complex subjects are not well handled in a soundbyte fashion. For that reason, those with blogs{6} which engage in soundbyte approaches are not generally recommended by Us. Moving on from soundbyte journalism to out and out sedition. if not treason there is this bit on the ACLU...

IF YOU FIND THIS SURPRISING, YOU HAVEN'T BEEN PAYING ATTENTION

The western left and radical Islam have the same enemy--namely, you and me, Average American--and thus are making common cause.

That's why the ACLU is busy trying to tear down Gitmo and free the terrorists there.

That's why Amnesty International chirps at North Korea once in a while but regularly and absurdly bellows at America, calling a legitimate war-time prison for 530 illegal combatants "the gulag of our time."

That's why the legacy media, dominated by leftists, trashes the successes in Iraq and plays up the setbacks.

That's why the NY Times goes way out of its way to out the CIA's ability to move terrorists around, making it that much easier for enemies and hostile governments to track the secret sides of the war.

That's why Newsweek ran the flush story, and why they sat on retracting it for so long, and why many in the press continue to defend it--though it's more than clear by now that there was nothing to the story.

Common cause. [LINK]

The present writer has long felt that the ACLU was a seditious organization that should be put out of business. This is not a mere hunch on Our part but instead a realization (after years of observation and research) that every single group that has sought to assert their own pet pseudo-"rights" to the detriment of the common good of society and society's just public order has had the backing of the ACLU in the process!!! We have long noted what constitute actual rights and what are not so constituted -indeed there are about fifty threads or more in the archives of this very weblog discussing these subjects at sundry times and in divers manners. For the sake of providing a few examples, one will be noted from each year this weblog has been in existence; ergo one from 2002, one from 2003, one from 2004, and one from 2005.

Those who are limited in their time to read all the threads provided can focus on the one from 2004 which was posted in the months prior to the election.{7} That suffices to deal with this matter except to note that this writer concurs with Michael Savage's prescription for dealing with the ACLU by trying them under RICO statutes and (if found guilty), shut down the ACLU, liquidate all their assets, and put their leaders in jail. But as there is more to cover, let Us move on...


DEEP THROAT

So...does this mean that the FBI participated in a plot to bring down a president?

HMMM:

Woodward said Felt helped The Post at a time of tense relations between the White House and much of the FBI hierarchy. He said the Watergate break-in came shortly after the death of legendary FBI director J. Edgar Hoover, Felt's mentor, and that Felt and other bureau officials wanted to see an FBI veteran promoted to succeed Hoover.

Felt himself had hopes that he would be the next FBI director, but Nixon instead appointed an administration insider, assistant attorney general L. Patrick Gray, to the post.

Didn't get that coveted promotion, so he backstabbed the boss? [LINK]

This writer already covered that aspect of it in the larger thread of musings on the subject of "Deep Throat" and the correlative ramifications thereof. The long and short of it is that there was an honourable way and a dishonourable way of seeking to achieve the same end result. Mr. Felt chose the dishonourable way for reasons noted in the thread above...some of which Bryan touched on in his post on this subject.

I DON'T BELIEVE FOR A SECOND

that anyone writing on this left-of-center (and verrrry slow-loading, at least on my DSL) group blog really has anything interesting or important to contribute on the subject of WMD anti-proliferation strategies. I just don't think they're serious.

Take a look at the post I linked, for instance. It's an Ed Kilgore post on why Democrats should oppose John Bolton's nomination to become US ambassador to the UN. Kilgore cites as one reason to oppose Bolton that he "has done a dangerously crappy job in his current position as U.S. non-proliferation chief, in protecting Americans from rogue-state development of nukes, and from nuclear terrorism. Blinded as he is by ideology, and distracted as he is by personal ambition, Bolton has blown many opportunities to build a better international system for containing nuclear acquisition efforts by both states and terrorist groups."

But he never, ever mentions the Proliferation Security Initiative. Long-time readers know I've been hitting upon the PSI for a long, long time as one scrap of evidence that counters two major Democrat critiques of the Bush administration's approaches to the world. They say he is a unilateralist; PSI includes 16 of the world's most powerful countries in terms of economics and military (as well as France, well, just because). PSI is probably the most significant new anti-WMD initiative in the past 20 years, and its construction was the work of one John Bolton. So the above slam about Bolton's blown opportunities to build better organizations is just flat-out wrong. But by never mentioning PSI, readers at that blog will never know that there are facts to counter the argument.

The second major Democrat critique of the Bush administration is that it has no strategy for dealing with North Korea's nuclear program. Two answers flow from this critique. First, yes the administration does, and it's called PSI. The organization was specifically constructed to put North Korea in a shipping box to interdict ships suspected of participating in Pyongyang's illicit WMD trade. Criticizing the strategy itself for any reason is legitimate, but to never mention it at all and just hope your readers never find out about it is dishonest...[Continued...]

Bryan Preston of the JunkYard BLOG believes (as those of Us at Rerum Novarum do) that PSI is an important strategic initiative and that the MSM's failure to even mention its existence is shameful. But there is more on PSI to go over...

SPEAKING OF THE ANTI-PROLIFERATION INITIATIVE THAT DARE NOT SPEAK ITS NAME

See Dubya, guest blogging over at Patterico, has a major post full of good information about how the PSI has worked to contain Iran's nuclear program. The gist is that PSI has stopped 11 shipments in the past nine months, including a recent shipment of ballistic missile parts.

See Dubya goes on to describe in detail what PSI is and what it does, subjects covered at this blog--and apparently only this blog--for the past couple of years. Still, go read his post in its entirety and you'll be up to speed on PSI. You'll therefore be up to speed on why I support John Bolton's move to the UN so strongly--he is the architect of PSI, the one and only proven alternative to the Non-Proliferation Treaty that actually does some good. He is also the architect of PSI's sister activitiy, Caspian Guard, which is specifically aimed at halting WMD traffic on the Capsian Sea. Find yourself a map of that body of water and it will be all too clear what CG is all about.

MORE: More background on PSI and Caspian Guard here. [LINK]

This writer is somewhat familiar with the PSI subject. However, he did not know that John Bolton was a major architect of PSI. If that is true, then Our support for his nomination moves from fairly strong to an easy slamdunk.

WHAT?

Patterico says the Commissar has lost it. I have to agree. Regarding the Senate "compromise" that now seems deader than Latin, Commissar calls into question the judgement, the honesty, indeed the patriotism of everyone who doesn't agree with him:

The Main Stream Bloggers have wholly failed us on the filibuster deal. They are a disgrace. Malkin, Kos, Krempasky, Josh Marshall, Captain Ed, Atrios, Hewitt, Kevin Drum, Powerline, and the rest have reduced themselves to narrow, knee-jerk partisan rantings. They predictably stake out a position precisely skewed one standard deviation to the left or right of their respective Official Party Line on every single issue.

They are incapable of original thought. They are unsuccessful 21st Century Turing machines, imitating human imagination, but not quite achieving it.

---

As we, the so-called "United" States of America, confront those issues, do we want our leaders to spend any time on them at all? Or do we prefer they negotiate judgeships 24x7? And, if they DO manage to squeeze in a few minutes to deal with issues of national security, the economy, or the future, do we want them to do that from the narrowest, most partisan, most divisive posture possible?

These questions are fair; and the answers are obvious. Nor are these questiond the exclusive province of Moonbats and squishy-soft liberals. Anyone with an ounce of patriotism, anyone who aspires to the smallest thought-leadership role, any responsible person with any audience whatsoever, should be able to figure out what position to take on this issue.

The filibuster deal is a good thing; it may not be the "salvation of the Republic" as the Senatorial blowhards claimed last night, but it is a positive thing.

That, sir, is nuts.

The compromise left in place a minority's ability to thwart the will both of the President and the Senate majority--to overturn the last two elections, in essence. The compromise left in place a mechanism whereby the perpetually petulant can gum up the judiciary. The compromise empowered the very same political elements who spend much of their time demonizing their countrymen and very little of their time actually thinking about dealing with real threats. The compromise was and is a sad joke.

And I came by that position quite easily. I thought about it. I looked at what the Constitution has to say about confirming presidential appointments. And I looked at what the deal would actually do. I found it unacceptable.

For that, some guy questions my patriotism. I'm sorry, but that's just dumb. [LINK]

Of course since Rerum Novarum is not a mainstream blog, your host dodges this attempt by the Commissar to shoot at all the ducks on the pond in the hopes of trying to hit one or two of them. The subject of the filibustering is not the minor matter that the Commissar thinks it is. This is why your host wrote on this matter last month and outlined not only the lack of Constitutional grounding for this action but also why this so-called "compromise" actually gives the Democrats the right to filibuster anyone they see fit except the three agreed upon nominees. And since those nominees were being appointed to lower court positions, that also (if we want to get technical about it) does not rule out the possibility that the Democrats would filibuster them if they were to be appointed by President Bush to the Supreme Court!!!

Nonetheless, We point you to Our previously written material on this matter (under the heading "The Stupid Party Strikes Back" Dept.) and also to an earlier thread from the Framers Know Best series which dispatches with the attempts of the Democrats to appeal to any kind of Constitutional precedent for this action. We also covered this in an earlier audiopost on filibusters but for the sake of espediency, the latter threads are connected to the "Stupid Party" thread for a convenient "one-stop" surfing for you the reader.


GOOGLING AMNESTY INTERNATIONAL

Publius Pundit has the formerly well regarded human rights organization dead to rights. And I mean dead to rights--Amnesty International is bashing the United States, a model of human rights and liberty for the world, while nary laying a glove on Castro, one of the world's foremost political prison landlords.

But why is Amnesty selling its credibility for a short-lived cheap shot at the US?

I think Amnesty's turn is a reflection of two things. First and most obvious, knee-jerk left-wing politics nowadays nearly always point the finger of doom at the west and most often at the United States, as though any western country has ever had the abusive human rights record of, say, China or any old Soviet bloc state. Amnesty being a creature of the left, it will likewise villify the west and the US. You will not find, for instance, Amnesty making much of a stink about anything al Qaeda does or announces it will do. But you will constantly find Amnesty harping on the US, even begging other countries to arrest our duly elected leadership when they set foot on foreign soil.

Treasonous? If Amnesty's president--more on her later--were an American, you betcha. Since she isn't, it's just moonbattery as an extreme sport. There is no excuse for it. But there is a reason for it.

That reason is the second thing and to me it is more interesting. And it's related to the first. The fact is pressure groups can get a response from open western-style democracies. Letter writing campaigns, internet pressure drives, press conferences--all of these tools and more are effective against governments that are accountable to voters who can withdraw their support at any time. Groups like Amnesty know that they can call a press conference or issue a press release and just like that they'll have the President of the United States or his spokesman trotting out to refute the charge or offer up some kind of explanation. Amnesty knows the western media will give its charges against the US major play, even if to refute them, no matter how absurd the charge itself is. Amnesty also knows from long experience that it can expect no such response from true tyrannies. Saddam Hussein had probably had a good laugh or two as Amnesty reps skulked out the door of one of his many palaces. And I'm sure the ChiComs just read Amnesty's letters, chuckle, and then shred them. Or maybe they keep them and use them as kleenexes or something. Whatever, tyrants won't trot out to answer Amnesty's charges. They don't give a fig what their own people think--why would they care what at bunch of whiny western leftists think? They don't and they won't...[Continued...]

Extreme liberalism (or so-called "progressivism") is not a political philosophy but is instead a mental disorder. Period.

Indeed, the very methods such people use amply attest to this without ambiguity.{8} But there is more on Amnesty International to touch on in this thread so let Us get to it...


TRAVESTY INTERNATIONAL

Shocking news: Amnesty's top officials are in the tank for the left.

The top leadership of Amnesty International USA, which unleashed a blistering attack last week on the Bush administration's handling of war detainees, contributed the maximum $2,000 to Sen. John Kerry's presidential campaign.

Federal Election Commission records show that William F. Schulz, executive director of Amnesty USA, contributed $2,000 to Mr. Kerry's campaign last year. Mr. Schulz also has contributed $1,000 to the 2006 campaign of Sen. Edward M. Kennedy, Massachusetts Democrat.

Also, Joe W. "Chip" Pitts III, board chairman of Amnesty International USA, gave the maximum $2,000 allowed by federal law to John Kerry for President. Mr. Pitts is a lawyer and entrepreneur who advises the American Civil Liberties Union.

Amnesty stands by its "gulag" nonsense. What I want to know is how can officials working for a charity afford to give in the thousands to any political cause? Whatever happened to suffering for the sake of justice? Amnesty is led by nothing more than latte liberals now. [LINK]

It is not difficult to highlight the reasons why groups with the outlook of Amnesty International act as illogical as they do.

Indeed, tomes of type could be spilled covering various facets of this rather ample subject. For that reason, it suffices to note these things in a few brief bits -along with the latest manifestation of idiocy from Amnesty International- before moving on to the subject of North Korea. North Korea is (of course) a country whose goverment's treatment of innocent citizens makes any minor inconveniences of US policy (towards suspected or actual terrorists) look like Sunday school by comparison. However, you would not know this to listen to the drivel of Amnesty International (more correctly called Travesty International as Bryan noted) on the matter...

TARGET: NORTH KOREA

Clinton W. Taylor sends in a link to this WSJ story about US efforts to deal with North Korea. North Korea is a bit like a hydra in terms of the threats it poses; on the one hand, it is constructing a nuclear weapons program and selling technonogy derived from and used in that program to willing buyers including some of America's most dangerous enemies. On the other hand, NK also deals heavily in narcotics, illegal pharmaceuticals, even fake Viagra and counterfeit cigarrettes, on black markets. NK is also one of the world's leading currency counterfeiters. The latter two illegal trades bring in hard currency which Pyongyang badly needs to shore up its pathetic economy and to purchase technology needed to keep its army viable and its other weapons programs operational. Essentially, North Korea exports nothing but evil and its various illicit industries feed each other and keep the Kim cult in power. And the profits ultimately end up in North Korean reactor facilities funding Kim's nukes.

The linked article goes into much more detail; I am summarizing to get to the point, which is that contrary to assertions from the left the Bush administration is and has long been pursuing a multi-pronged and multi-lateral approach to dealing with the North Korea menace. There was no such strategy during the Clinton years, but there is now.

Correction Bryan, the Clinton Administration had a strategy of dealing with North Korea. It was called appeasement.

The US approach includes the PSI, flogged frequently on this blog, as well as Caspian Guard and something I'd heard very little of before reading the article: the Illicit Activities Initiative. The IAI is the administration's chief weapon to combat North Korea's drug trade, and like the PSI it has been racking up some success even while most of the media and everyone to the left of the political divide pretends it doesn't exist.

All of these activities are being managed through something called the North Korea Working Group, which is an interagency effort to pool resources into a coherent strategy for dealing with the multidimensional North Korean threat. It's the kind of thing that we badly needed before 9-11, when thanks to the Gorelick Wall relevant agencies were forbidden from effectively communicating and sharing intelligence. The maligned Patriot Act went a long way toward tearing down that wall, and my guess is it also made the North Korea Working Group's activities possible and productive.

And it's working..[Continued...]

Which is precisely why the MSM will not report on it.

THE LATEST GULAG POLL

Oh, this could get fun.

ck out the interesting new Gallup poll results on confidence in various American institutions. Despite the constant barrage of negative MSM coverage, confidence levels in the military, police, and organized religion are high, while confidence levels in Congress, the public schools, and the media are plunging.

Hm, why would that be? Military wins wars, kicks butt and takes names. Check. Cops round up bad guys. Check. Most of us are Christians, and Christians don't go around blowing up other people. Check.

On the other hand, Congress looks more and more like a bunch of preening narcissists. Check. Public schools descend into PC sex-crazed madness. Check. Jayson Blair, Eason Jordan, Linda Foley, Dan Rather, Newsweek and nearly every other MSM figure and outlet make a sad joke of ethics and fairness. Check.

It must be acknowledged that the MSM figures are not the only ones to make a sad joke of ethics and fairness.

Liberals are going to hate this poll result. Hate it hate it hate it.

:)

Links and quotes over at Michelle's place. Let the left-wing police state fear-mongering begin! [LINK]

Give them time Bryan...give them time.

Moving from the pleasing to a "grandmaster of the obvious", we come to the subject of Howard the Duck Dean...

MAD HOWARD DEAN

just can't keep both of his feet out of his mouth.

What serious person says Republicans have never made an honest living in their lives?

The answer of course is simple: no one. That is why those who make such assertions are not to be taken seriously by people who are actually interested in ideas rather than ideologies.

What serious person believes the Republicans really have the power to short black districts voting machines? Even in Democrat-dominated districts?

What serious person uses the name of the Lord on the way to smearing the Bush administration as eroding the core of our democracy?

What serious person does any of these things?

No serious person does any of these things. But DNC Chairman Howard Dean does all of them--in one speech! Amazing. He's a walking stereotype for everything that's wrong with the Democrats.

Some will blame Dean's foot-in-mouth disease on his "straight talking." Others will blame it on a Rovian conspiracy.

I blame Cowboy Troy. [LINK]

Those who wondered why your humble servant at Rerum Novarum supported the nomination of Howard Dean to chair the DNC now have your answer...though Bryan's tying in Cowboy Troy to anything related to Howard the Duck Dean is not fair to Cowboy Troy. Nonetheless...

THE WHITE, CHRISTIAN PARTY

HoDean has done it again--this time slamming the GOP as the "white, Christian party." Add it to the litany of over the top divisive remarks to escape Dean's mouth since becoming DNC chair.

Doug Payton tosses up a few stats that, if Democrats were the introspective kind, might give them pause.

But Democrats are not the introspective kind. No amount of statistical evidence, factual counterexamples or information of any kind is going to dissuade the Democrats that they are wrong about anything. Heck, as I write this the entire socialist project in Europe is unravelling before our eyes. For the past decade and more the Democrats have argued that America should become more like Europe, that we should build a healthcare system or a tax system or a legal system or you name it system on the European model. Yet Europe is now before our eyes coming unglued. If the Democrats were the introspective kind, events in Europe might give them pause. But they're not, so introspection is not going to happen.

The problem is a weltanschauung marinated in solipsism Bryan. There is a reason why when this writer decided to define the term solipsism on his Miscellaneous BLOG that it was done after several references to political situations...and in reference to Deanings in general. But rather than write anything new, let Us revisit Our previously written observations on this matter:

[The] epistemological theory of solipsism [is one] whereby the self knows nothing but its own states and their constituent modifications if you will. This is a core philosophical flaw of modern day liberal political views...

This is why certain kinds of people of the extremist liberal mindset such as the Deanings cannot be reasoned with. You can throw all the facts in the world at them and reason until your gray hairs fall out but they will not budge because so much of what you would say does not pertain to them personally. [Excerpt from the Rerum Novarum Miscellaneous BLOG (circa February 7, 2004)]

It should not surprise astute readers that these same problems subsist with many who call themselves "peacemakers" on the war subject.

Here's what's going on. Shortly after the 2004 election there was a struggle for what's left of the soul of the Democrat Party. It was a bit like struggling for the crumbs left over from a Michael Moore Subway session--there wasn't much there--but the struggle was real and it was important.

Indeed. This writer even posted in dialogual form a thread from a reasonably level-headed Democrat who was concerned about this very dynamic.

One side in the struggle recognized that so-called "values voters"--people who generally believe in a strong country, a strong family and a strong sense of right and wrong--voted overwhelmingly for the Republicans and for President Bush. This side of the Democrats saw the loss of the values voters as something that could be rectified with the right approach to issues and the right outreach tactics. This side of the DNC was essentially saying to the other side "Look, we can win these voters back if we stop alienating them and start listening to their concerns."

The other side of the Democrats wanted none of that. They mocked the values voters as hicks living in Jesusland. They smeared values voters as backward fools following Smirky McHilterchimp to our collective doom. This side of the DNC was all but ready even to excommunicate the other side of the DNC, and has all along blamed every single bad thing in the world either on Bush, on Christians, on Republicans or "sellout Democrats" who offer nothing but Republicanism-lite.

The struggle between these two sides played out as the fight to become the next Chairman of the Democratic (sic) National Committee. The Jesusland-mocking side's champion was Howard Dean, who during the campaign had cast himself as represting the "Democratic wing of the Democratic Party." The more moderate side really didn't coalesce around a single candidate, and Dean manuevered well enough to trounce all of his opponents without much of a fight.

So the anti-values voters wing--the anti-Christian wing, the anti-American wing, the anti-morality wing, the anti-everything wing--of the Democrat Party won. With them there is no accomodation for Christians, or indeed with anyone to their political right, which is about 80 percent of the country. Dean is the perfect man to lead what's left of his party right over the cliff. And he's doing a bang-up job of it...[Continued...]

Which is (again) why this writer was pleased that Dean became DNC chairman. It insures that no matter how badly the Stupid Party screws up, the Evil Party will do even worse. But enough on that matter as we have one final installment in this series before wrapping it up.


WHEN ANN COULTER

suggested shortly after 9-11 that we should invade the Arab world, kill off its leaders and convert the region's inhabitants to Christianity, hilarity ensued. If by "hilarity" you mean that she got fired from National Review, had to apologize and has had to live down the comment ever since, that is. Of course the left will never, ever let her live that one down.

But when the leader of Amnesty International suggests that foreign governments should--in a time of war, no less--arrest the leaders of our government on trumped-up claims of war crimes that amount to criminalizing policy differences, the media yawns.

See what was written above about hypocrisy and double standards...

Actually, so did the blogosphere when I blogged about it last week.

But today Captain Ed is on the case, and so is the rest of the sphere. Powerline takes a crack, and NRO links.

Finally. Glad you people decided to catch up.

Anway, for all the hyperbole, at least Coulter was suggesting doing things to the leaders of countries that had for years incubated terrorists who had just attacked us. William Schultz is suggesting doing things to the leaders of our country that would have the effect of decapitating our government in the middle of a war. Where I come from, that's treason. That he did it just to get his mug on the evening news is no excuse, either. Last time I checked, seeking publicity was no defense against a criminal charge.

So, now that the blogosphere has caught up to the JYB, let's lead again and suggest a remedy: Schultz should face charges for treason and he should be tried as an enemy agent of influence. The facts on that are plain--he tried to persuade foreign powers to cripple our government while we are engaged in hostilities. It should be a straightforward trial from that point of view. The discovery portion of the trial should focus on Amnesty's financial records, seeking proof that Schultz and his organization have been bought and paid for by some foreign power (probably via CAIR or some similar Islamist mouthpiece) or by some Soros-esque figure.

Yeah, that's a fantasy, I know. This nation doesn't take treason seriously anymore and doesn't prosecute traitors. If it did, Schultz wouldn't be the only one facing jeopardy. [LINK]

Indeed. As this writer noted earlier, the ACLU should also be tried under RICO statutes for if not treason then at least sedition. If found guilty, they should be put out of business, their assets liquidated, and their spokesmen jailed. The same is the case for Amnesty International and also CAIR. Lucky for those groups your host is not in a position to do any of these things or else all of them would be in deep kim chee. God-willing the Bush Administration will pull their heads out and realize this before these termites and whores of a political nature cause any more damage to our efforts in the war on terror.


Notes:

{1} This writer can think of at least one so-called "progressivist" who would find it more newsworthy that the US military may have detained children in Abu Ghirab rather than focusing on truly horrific news such as the Islamofascists beheading children!!! [Excerpt from Rerum Novarum (circa March 11, 2005)]

{2} A subject that We have covered twice at Rerum Novarum. (See the threads on Nick Berg and Paul Johnson for more details on that subject.)

{3} Whether these be self-styled "journalists" in the MSM or self-styled "journalists" in the alternative media who claim to hate blogs yet who essentially run their own version of Instapundit in all but name.

{4} See footnote three.

{5} By a quick count there are nine Rerum Novarum posts where Instapundit is mentioned. Of those nine, six of them were either JYB Update threads (five) or a Volokh Conspiracy multipost thread (one). There are also two posts which mention Glenn Reynolds by name and one of them is the aforementioned Volokh Conspiracy multipost thread.

{6} And sites which run a blog feature in all but name (but refuse to acknowledge this).

{7} It is about as complete an exposition insofar as this subject can be remotely covered in its many facets in a single weblog post.

{8} Leaving aside for a moment (i) the illogical premises from which they operate and (ii) the the incoherence that logically results from such mental midgitry. There is also (iii) the common (and profoundly disingenuous) manipulation of sources which is part and parcel to their entire weltanschauung but that is enough on the latter subject for the present time.

Thursday, October 20, 2005

Briefly Revisiting Able Danger:

I do not have time to comment on this issue unfortunately but Able Danger is back in the news. I want to take this opportunity to remind readers of what I wrote on this issue last month -starting with this tidbit:

I surmize that...the existence of Able Danger and its coverup will prove to be a huge black mark on the previous administration. And in light of Hillary's longtime designs on the presidency, Able Danger would not be a benefit to her cause to put it mildly...

As I have noted in private correspondence to a few individuals, what he has done (in writing a book about Able Danger and 9/11) and what he is saying (in promoting his book on the various media curcuits), Rep. Curt Weldon has taken quite a gamble here. Bryan is right about him essentially going "all in" with what he is doing (to use a Texas hold'em expression) in that if he is called and does not produce the cards, he will be finished politically. However, if he can deliver on what he says he can, then his prestige will increase. In fact, if the latter proves to be true, look for Rep. Weldon to become a Republican darkhorse candidate for the presidency in 2008 (whether he wants it or not). My money is on Weldon's gamble paying off because generally speaking people do not make public stances like this unless they can deliver. [Excerpts from Rerum Novarum (circa September 16, 2005)]

There is also this more detailed exposition on the subject posted on September 21, 2005:

On Able Danger and A Potential Defense Department Coverup

Readers will get a very good overview of the significance of this situation at the thread above. From there I recommend that the readers check out Michelle Malkin's BLOG where she updates us on where things are since I wrote the post above:

'ABLE DANGER: WELDON GOES BALLISTIC'

And while I will post more on this subject in the coming weeks and months, it seemed appropriate at the present time to revisit it briefly and provide you with not only my views on the matter but also an update since this has the potential to be the biggest issue of 2006 and could very well influence the 2006 elections.

Wednesday, October 19, 2005

Miscellaneous Musings on Time

this is an audio post - click to play

Monday, October 17, 2005

Points to Ponder:
(On the Myopic Vision of the Whig Historian)

The whig historian stands on the summit of the twentieth century, and organized his scheme of history from the point of view of his own day; and he is a subtle man to overturn from his mountain-top where he can fortify himself with plausible argument. He can say that events take on their due proportions when observed through the lapse of time. He can say that events must be judged by their ultimate issues, which, since we can trace them no farther, we must at least follow down to the present. He can say that it is only in relation to the twentieth century that one happening or another in the past has relevance or significance for us. He can use all the arguments that are so handy to men when discussion is dragged into the market place and philosophy is dethroned by common sense; so that it is no simple matter to demonstrate how the whig historian, from his mountaintop, sees the course of history only inverted and aslant.

The fallacy lies in the fact that if the historian working on the sixteenth century keeps the twentieth century in his mind, he makes direct reference across all the intervening period between Luther or the Popes and the world of our own day. And this immediate juxtaposition of past and present, though it makes everything easy and makes some inferences perilously obvious, is bound to lead to an over-simplification of the relations between events and a complete misapprehension of the relations between past and present. [Herbert Butterfield -From The Whig Interpretation of History (c. 1931)]

Sunday, October 16, 2005

Miscellaneous Mutterings on Polling

this is an audio post - click to play

Saturday, October 15, 2005

"None Dare Call It A Media Conspiracy" Dept.

The idea for this thread came from a simple question I read when surfing the web a few nights ago which read as follows:

Question: Can you name the industry that when it comes to power, lack of accountability, arrogance and making money in the name of sacred constitutional rights, actually makes lawyers look good???

As far as giving an answer to that question, actually I can: journalists. And while others could be noted, here is some evidence to substantiate beyond any reasonable doubt the aforenoted assertion. Consider the following...

Exhibit 1:

Up the Creek: Out to Embarrass Bush Over Alleged Video Stunt, Today Gets Caught in Stunt of Its Own (via NewsBusters)

Frankly, to accumulate the number of evidences such as that over the years would be to fill the Atlantic Ocean. Indeed, additional examples of journalistic double standards and hypocrisy from this very weblog will now be noted as corroborating evidences.

Exhibit 2:

Weighing in on Sen. Trent Lott's Comments (circa December 12, 2002)

Exhibit 3:

War Musings on Possible Media Sedition (circa March 29, 2003)

Exhibit 4:

On The Political Double Standard (circa July 21, 2003)

Exhibit 5:

"JunkYard BLOG" Dept (circa October 21, 2003)

Exhibit 6:

Miscellaneous Musings on Al Queda, Spain, John Kerry, Etc. (circa March 15, 2004)

Exhibit 7:

Briefly on the Iraqi Prison Scandal (circa May 15, 2004)

Exhibit 8:

Miscellaneous Musings on the Media and the Humanizing of Formal Enemies--An Audio Post (circa July 27, 2004)

Exhibit 9:

Evidences Against the "Right Wing Media Conspiracy" Theory (circa August 12, 2004)

Exhibit 10:

On the Media's Treatment of the Breslin Hostage Situation--An Audio Post (circa September 1, 2004)

Exhibit 11:

Miscellaneous Musings on the Mainstream Media--An Audio Post (circa September 11, 2004)

Exhibit 12:

On the Mainstream Media and Liberal Inbreeding (circa September 16, 2004)

Exhibit 13:

Miscellaneous Evening Musings on CBS, the Alternative Media, Church History and Tim Enloe, Etc.--An Audio Post (circa September 17, 2004)

Exhibit 14:

Miscellaneous Morning Musings on Rathergate--An Audio Post (circa September 20, 2004)

Exhibit 15:

Miscellaneous Reflections on the Most Recent Beheadings and the War on Terror --Part I of An Audio Post (circa September 22, 2004)

Exhibit 16:

Miscellaneous Reflections on the Most Recent Beheadings and the War on Terror --Part II of An Audio Post (circa September 22, 2004)

Exhibit 17:

Miscellaneous Thoughts on the 9/11 Commission, the Bush Administration Appointees, and Two Examples of Blatant So-Called "Progressivist" Double Standards--An Audio Post (circa December 7, 2004)

Exhibit 18:

Miscellaneous Musings on Bill O'Reilly and the Liberal Media--An Audio Post (circa December 14, 2004)

Exhibit 19:

On the Blogosphere and the Influence of Alternative Media on Current and Future Elections (circa December 15, 2004)

Exhibit 20:

Miscellaneous Musings on Double Standards in the Media--An Audio Post (circa January 14, 2005)

Exhibit 21:

On the Blogosphere and Mainstream Media Hypocritical Double Standards (circa February 14, 2005)

Exhibit 22:

Notes on Filibusters--An Audio Post (circa April 14, 2005)

Exhibit 23:

On the Subject of "Deep Throat", the Correlative Ramifications Thereof, Etc. (circa June 1, 2005)

Exhibit 24:

On the War and Those Who Try To Hide From Their Past (circa June 30, 2005)

The prosecution rests.

Friday, October 14, 2005

Points to Ponder:
(On the Role of the Historian)

[T]he chief aim of the historian is the elucidation of the unlikeness between past and present and his chief function is to act in this way as the mediator between other generations and our own. It is not for him to stress and magnify the similarities between one age and another, and he is riding after a whole flock of misapprehensions if he goes to hunt for the present in the past. Rather it is his work to destroy those very analogies which we imagined to exist. When he shows us that Magna Charta is a feudal document in a feudal setting, with implications different from those we had taken for granted, he is disillusioning us concerning something in the past which we had assumed to be too like something in the present. That whole process of specialized research which has in so many fields revised the previously accepted whig interpretation of history has set our bearings afresh in one period after another, by referring matters in this way to their context, and so discovering their unlikeness to the world of the present day.

It is part and parcel of the whig interpretation of history that it studies the past with reference to the present; and though there may be a sense in which this is unobjectionable if its implications are carefully considered, and there may be a sense in which it is inescapable, it has often been an obstruction to historical understanding because it has been taken to mean the study of the past with direct and perpetual reference to the present. Through this system of immediate reference to the present day, historical personages can easily and irresistibly be classed into the men who furthered progress and the men who tried to hinder it; so that a handy rule of thumb exists by which the historian can select and reject, and can make his points of emphasis. On this system the historian is bound to construe his function as demanding him to be vigilant for likenesses between past and present, instead of being vigilant for unlikeness; so that he will find it easy to say that he has seen the present in the past, he will imagine that he has discovered a "root" or an "anticipation" of the twentieth century, when in reality he is in a world of different connotations altogether, and he has merely tumbled upon what could be shown to be a misleading analogy. Working upon the same system the whig historian can draw lines through certain events, some such line as that which leads through Martin Luther and a long succession of whigs to modern liberty; and if he is not careful he begins to forget that this line is merely a mental trick of his; he comes to imagine that it represents something like a line of causation. The total result of this method is to impose a certain form upon the whole historical story...[Herbert Butterfield -From The Whig Interpretation of History (c. 1931)]

Thursday, October 13, 2005

Points to Ponder:
(The Difference Between Students of Today and Those Fifty Years Ago)

[A] gradual stilling of the old political and religious echoes in the souls of the young accounts for the difference between the students I knew at the beginning of my teaching career and those I face now. The loss of the books has made them narrower and flatter. Narrower because they lack what is most necessary, a real basis for discontent with the present and awareness that there are alternatives to it. They are both more contented with what is and despairing of ever escaping from it. The longing for the beyond has been attenuated. The very models of admiration and contempt have vanished. Flatter, because without interpretations of things, without the poetry or the imagination’s activity, their souls are like mirrors, not of nature, but what is around. The refinement of the mind’s eye that permits it to see the delicate distinctions among men, among their deeds and their motives, and constitutes real taste, is impossible without the assistance of literature in the grand style. [Allan Bloom: From The Closing of the American Mind pg. 61 (c. 1987)]
Miscellaneous Threads:

As time is very short, these threads will be commented on only briefly...

Time Magazine, School Event Expose Massive Cultural Campaign to Promote Homosexuality to Kids (Robert Knight and Benjamin Frichtl)

Thanks are in order to Greg Krehbiel for finding the above link. Those who want to continue to spin the old canard about homosexuality being "genetic" rather than culturally shaped look more silly after revelations such as that one than they did previously.

The Religion of Peace Weblog

Give it a review if you have forgotten the enemy we are fighting in the war on terror and are naive enough to buy into the whole "religion of peace" schtick.

Miers Remorse (John Fund)

It would seem that John Fund has been reading this weblog{1}...or somehow your host has linked with him in a kind of "mind meld" in light of his recent about face on the Miers nomination.

How She Slipped Through (John Fund)

In a followup to the Miers subject today, John Fund points out that this nomination was the result of a failed vetting process. To put it another way, "Ground Control" did not get through to "Major Tom" and the result is a candidate who shows few if any manifested qualifications whatsoever for the postition to which she has been proposed by President Bush.

Another Day, Another Flub From White House (Captain Ed)

Captain Ed from Captain's Quarters has now taken the same view on activism of the "right" as your weblog host previously set forth on this very site. In Our view, it is the only logically consistent one to take but unfortunately most people who oppose this nomination who are not part of the "anybody but Bush" camp are not listening to it yet.

My Thoughts On the Harriet Miers SCOTUS Nomination (Greg Mockeridge)

In short, Greg does not like this nomination and his views are similar to those previously expressed by your weblog host.

The Miers Nomination Part 2: To Pull or Not to Pull, That is the Question (Greg Mockeridge)

The above thread deals with the likely stubbornness of President Bush to withdraw this nominee in light of how he has teed off his base to no small degree.

Dead Man's Party - Who Could Ask For More? (Eric Belk)

Though your host has sympathies for The Mighty Barrister's position as noted above, there are significant divergences in the way he has focused on particular issues instead of overall judicial philosophies. Remember, activist approaches have no room to be critical of opposing activist approaches. That is something that not a few people need to learn -even at times those whose knives are as reliably sharp as The Mighty One's are.

Then The Terrorists Will Have Won (Eric Belk)

The above thread is superior to the original musings on the part of The Mighty One and focuses on the problem with the process in general and what is wrong with it.

I loathe the blogosphere (Beth Cleaver)

C'mon Beth, tell us all what you really think ;-)

Speaking of Beth, she has taken a position on the Miers nomination that is quite against the grain in many respects. In the interest of providing balance, your host provides the thread for your viewing here:

Why Harriet Miers might BE “the best nominee”

And lest readers pre-emptively smirk at such a proposition, it bears noting that she has at least one significant conservative intellectual titan on her side in all of this:

Harriet who? (Thomas Sowell)

Anyway, that is all there is time for now: hopefully what is noted above provides some food for thought for readers interested in this subject matter.

Note:

{1} In case readers of this humble weblog somehow missed Our earlier threads (directly or otherwise) on this subject:

On the Selection of Harriet Miers for the Supreme Court (circa October 4, 2005)

On Physician Assisted Suicide, the Supreme Court, and Original Intent--An Audio Post (circa October 5, 2005)

More on the Miers Appointment (circa October 7, 2005)

On the Harriet Miers Nomination (circa October 8, 2005)

On Why the Miers Pick is Strategically Flawed (via Southern Appeal circa October 9, 2005)

On the Miers Nomination and Activist Conservative Agendas --Dialogue with Kevin Tierney (circa October 10, 2005)

Monday, October 10, 2005

Points to Ponder:
(On Overcoming Prejudice by Trying to Undermine Rational Thought)

I know that men are likely to bring what are only their prejudices to the judgment of alien peoples. Avoiding this is one of the main purposes of education. But trying to prevent it by removing the authority of men’s reason is to render ineffective the instrument that can correct their prejudices. True openness is the accompaniment of the desire to know, hence the awareness of ignorance. To deny the possibility of knowing good and bad is to suppress true openness. A proper historical attitude would lead one to doubt the truth of historicism (the view that all thought is essentially related to and cannot transcend its own time) and treat it as a peculiarity of contemporary history. Historicism and cultural relativism actually are a means to avoid testing our own prejudices and asking, for example, whether men are really equal or whether that opinion is merely a democratic prejudice. [Allan Bloom: From The Closing of the American Mind pg. 40 (c. 1987)]
On the Miers Nomination and Activist Conservative Agendas:
(Dialogue with Kevin Tierney)

This was an email response sent two days ago in response to an email received viz. my recent threads on the Harriet Miers nomination and the positions I have set forth publicly -particularly in this posting. It has been reproduced here except for some minor editing to remove information not pertinent to the discussion in general (and the addition of a fourth footnote). Kevin's words will be in light red font.

Shawn,

Thank you for joining my voice here in the blogosphere by stating you don't really care if she's pro life or an Evangelical. I honestly think as far as the blogopshere goes, the two of us are rare in stating those.

Perhaps so. I have never cared for judicial activism of any kind much the way I do not like liturgical tampering. In both cases the dictum of Fr. Stravinskas comes to mind which is this:

"Never tamper with the liturgy, even under the pretense of making it 'better' because if you can tamper with it on your end, then you give others the right to do so on their end" (cf. Liturgy of the Third Millennium circa 2000).

The same is the case with activism...allowing it on one side means the other side can do it too.

When we politicize the court, we play right into the liberals game. We implicitly acknowledge that the Court has the right to decide these issues to begin with, which it most clearly does not.

The court's role is supposed to be primarily a negative one. In other words, if a judgment or law is congruent with the Constitution interpreted through original intent, then they say so -if not then they reject it and the case/law/provision is struck down.

I actually think John Roberts outlined this policy perfectly during his confirmation hearings, but of course caught BS from the pro-life or die crowd when he said Roe v Wade was precedent. Like it or not, it is. Then after stating that, Roberts explained how precedents could be overturned. He couldn't come out and say what he would or would not do, lest he have to recuse himself once that case comes up. So without leaving grounds to recuse himself, he demonstrated a solid legal philosophy.

I was impressed with the Roberts pick...Bush came through there but it is easier when you are nominating to "hold serve." This nomination is to break new ground and that means leadership is needed. Thus far Bush is not doing that.

Sadly the well meaning pro-life base is playing right into the Left's hands, and I'm sick of hearing these people called "conservative justices." If the man voted for Kerry I care little, as long as the man can apply the Constitution. (Granted that's an odd couple, but hear me out in theory!)

Agreed. Personal and office views need not be the same...indeed someone should keep them separate.

You seem to have really become hawkish on this over the past day, before doing a main wait and see approach. What's changed your mind now? I can understand if my brilliant reasoning had some play in it. LOL :)

I am still not definitive yet as the hearings have not started. But one advantage to being an Independent is that I have no sense of "party betrayal" on the matter; hence I am more detached in some ways from it than loyalists are.

I noted in the first posting a sense of disappointment that I initially felt and left that as a hint to where future developments of the subject would inevitably go...I was not sure how they would get there (sometimes I know where I am going but not how I will arrive there if you will) but I knew that was where they were going in essence by instinct and my political instinct is seldom wrong.

The second thread was more of a synthesis of various threads where I set down pointers which essentially is where I am still at. I had privately expressed disdain at the croneyism aspect -indeed if you read the second posting, I admitted that I concurred with Orin Kerr on that subject. And I think if you string together all the concurrences and non-concurrences with bits of various viewpoints (including a couple of yours), I do not see anything surprising in where I have arrived thus far...while not definitive yet I am about as close to it as I can be without being definitive if you will.{1}

As far as more hawkish, I pointed out with threads from my archives how I am not making an about face on this view...the problem is there are abstract principles and their application. I have been fairly critical of Bush over the years in some areas and fairly supportive of him in other areas. I also want the Miers pick (if confirmed) to pan but at the same time, I am anticipating the third vacancy coming up and it damn well better not be a Gonzalez type or I may do my part to torpedo the Republicans in 2006. I mulled over the possibility of voting against Bush in late 2003-early 2004 but ultimately did not do so for reasons I noted at the time.{2} Whether I go with the congress in an opposite direction or not remains to be seen.

One minor clarification on the annoyance over the cronyism aspect. I am still split on this because while in principle I am opposed to it, at the same time, the body intended to be a check against these matters is the Senate not me.

I am not even saying that because she is a crony that she should be rejected, only that I want to see advise and consent practices rake her over the coals and reveal that she is qualified for the position if ultimately she is to be confirmed. And if she is not qualified -and I do not consider a lack of previous posts as a judge a lack of qualification as I noted in previous postings- then vote her down and move onto the next selection.

Ultimately in politics as well as anything it is not as much what you know as who you know so some degree of this is not surprising. The problem is, Bush is betting like he has a winning hand and (in light of a slew of recent situations where he was shown to be wanting), there is good reason to question him on this pick for that reason.

What ticked me off was the idea that this is a clever ploy by the president to slip someone onto the court who is conservative. First of all, we do not know and I am not taking Bush's word on faith having had my teeth kicked in too many times by him to do that. Second, we should not be running from a fight here since it will set a bad precedent: that conservatives have to lie or deceive to get onto the court rather than state whom they are and let the chips fall where they may.{3}

I do not think there is any incongruity between my views as stated in all three postings. Furthermore, you are aware of my many writings on the subject of legal plunder presumably.{4} When I read statements such as this from Janice Rogers Brown:

"Theft is theft even when the government approves of the thievery. Turning democracy into a kleptocracy does not enhance the stature of the thieves; it only diminishes the legitimacy of the government," [LINK]

I am left scratching my head since this is precisely what we need on the court. As far as the contents above go, Bastiat would be grinning from ear to ear to read that from the pen of a justice because that is sound thinking when it comes to government intervention in the rights of individuals.

I fume over the thought that someone so obviously qualified and with a sound understanding of Constitutional principles is not being nominated. Is Miers this solid??? We do not know and that is the pisser really.

Maybe I am just a bit grumpy today, who knows. But even if I am all sunshine and flowers tomorrow, I am not modifying that post an iota. Optimism and pessimism wax and wane in me but the principles set down in those postings are consistent even if one is more calm and the other more sharp.

Subsequent to the email above being sent out, I commented briefly on the problematical nature of Bush's nominating strategery in a comments box blurb at Southern Appeal which can be read HERE.

Notes:

{1} Of course Miers could change this by saying the right things and making this a real fight as we both want: I just sense that is not going to happen and that is why I am taking the position that I am.

{2} Interestingly enough, my posting on why I went with Bush started a few dialogues with someone I never would have presumed in a million years would have contacted me on those subject matters. (A subject for another time perhaps.)

{3} How many young litigators will be discouraged by this pick...people who put themselves on the line to stand up for solid constructionist principles in their arguments as attorneys and their rulings as judges only to be told that they should not publicly take a stand on these matters.

{4} No other subject has been written on with greater frequency at this weblog since its inception that that of the three fundamental rights of man and my reiteration of (and further development of) this classical formulary to better cohere with contemporary realities. Probably seventy threads could be posted here dealing with various facets of this subject but I will note one of them here as a representative example for readers to peruse and grasp the matrix through which I view any and all talk about "rights", "free speech", "law", etc.

Sunday, October 09, 2005

Miscellaneous Notes on the Hypocrisy of the "Bird Flu Epidemic" Crowd

this is an audio post - click to play

Saturday, October 08, 2005

"From the Mailbag" Dept.
(On the Harriet Miers Nomination)

The following email was received this morning from a friend responding to my postings on the Miers nomination -particularly the one from yesterday. His words will be in orange font.

Hi Shawn,

I wonder if Bush is a little more clever than meets the eye. Could this be a rope a dope sales job? I mean could the conservatives be faking that they do not like Bush appointee so as to make the democrats feel like she is not conservative enough? I know I might be stretching it here, but I just wonder.... Your thoughts about my thought on this?

I think this is another example of Bush taking for granted the base who elected him. A lot of people put up with a lot of crap from him because of a few issues: the economy, the war, and the Supreme Court nominations. The first is doing just fine. The second is a mixed bag at the moment but the base could deal with that if the third issue was a place where Bush showed he would deliver. Instead, he serves up an unknown and says "trust me." Even if she is a conservative and everything Bush says she is, the problem with her is that this nomination will not bring the debate on the role and limits of the Supreme Court into the public arena where it belongs.{1}

Remember the debacle over Bork where Kennedy was the replacement candidate??? The conservative movement of those who favour constructionists on the court (rather than whores or termites) lost a key seat there when the constructionist Bork received a screwjob by The Evil Party and his replacement Kennedy proved to be a court whore. For those who find my usage of terms to be either shocking or offensive, too bad because what is needed here is to paint with unmistakable colours what we are dealing with amongst the court justices and judicial philosophy. To quote something I wrote in June of 2003 the day after the Michigan court decision asserting a "constitutional right" to affirmative action:

As far as I am personally concerned, there are three justices on the court who understand the Constitution. The other six are roughly divided in half with three who think the Constitution is a plaything for reshaping as they see fit, and three who are politicians. To clarify further, consider the following statement from President Reagan.

Our former president...noted once "politics is supposed to be the second oldest profession. I have come to realize that it bears a very close resemblance to the first." Hence the division of the court between those who preserve the Constitution, those who undermine the Constitution (the "court termites"), and those who sell out to whichever constituency has the most for them (the "court whores.") [Excerpt from Rerum Novarum (circa June 24, 2003)]

We had a court whore resign and a court constructionist die. Bush replaced the constructionist with what from all appearances is a solid originalist thus holding serve on the court. The replacement for O'Conner is a chance to secure the Kennedy seat which was denied to Bork in 1987. In other words, there is a chance to secure the court from the activist elements and move one step closer to a constructionist majority which is what we need.

--I do not care whether or not Miers is pro-life.

--I do not care whether or not she is a religious evangelical.

I am not dismissing entirely those positions themselves, only the mentality that accompanies many promoters of them when dealing with the complex vicissitudes involved in situations such as this. Basically, when we make this a debate over issues instead of judicial philosophies we are in heap big trouble. But making these things single issue has been to the detriment of achieving a constructionist (or originalist as some call it) core of justices devoted not to inventing law but interpreting law.

I have noted it before on many occasions{2} and I reiterate it anew here: boneheaded approaches to key cultural issues have been the bane of many well-meaning but politically myopic people. And that applies even more so to key moments in time such as the one upon us now. If religious and prolife people piss away this opportunity, we will have to go through another decade or so of activist crap and I am sick of it. Ginsburg (a court termite) is rumoured to be next to step down and Stevens (court termite) is 86 years old...we know he will not be on the court much longer. If Bush goes with an unknown this time, who will be his next appointment, Alberto Gonzales??? No, a serious rebuff is needed here so that this crucial moment in time is not wasted. And as the means this is to be achieved by must be in conformity with Constitutional principles; ergo it bears reviewing what recourse can be had here on the matter from that source.

As readers of this weblog know, I am opposed to the idea of judicial filibustering since it has no place in the Constitution whatsoever nor has it ever been done for that reason. However, there is an advise and consent rule and we need to remember what that was established for by the Framers. To quote from an earlier installment of the long-running Framers Know Best series at this humble weblog:

[L]et us consider what the framers themselves thought about the advise and consent function of the Senate with judicial nominees. In the words of Alexander Hamilton:

In the act of nomination, [the President's] judgment alone would be exercised; and as it would be his sole duty to point out the man who, with the approbation of the Senate should fill an office, his responsibility would be as complete as if he were to make the final appointment. There can, in this view, be no difference between nominating and appointing. The same motives which would influence a proper discharge of his duty in one case, would exist in the other. And as no man could be appointed but on his previous nomination, every man who might be appointed would be, in fact, his choice.

To what purpose then require the co-operation of the Senate? I answer, that the necessity of their concurrence would have a powerful, though, in general, a silent operation. It would be an excellent check upon a spirit of favoritism in the President, and would tend greatly to prevent the appointment of unfit characters from State prejudice, from family connection, from personal attachment, or from a view to popularity. In addition to this, it would be an efficacious source of stability in the administration. [Alexander Hamilton: From Federalist #76 -The Appointing Power of the Executive (circa April 1, 1788)]

That more than adequately sets forth the view of one of the great champions of the Constitution. As far as this writer can discern, the closest thing James Madison (the other well-noted champion of the Constitution) had to placing restrictions on judicial nominations was to allow for a two-thirds majority to disqualify a judicial nominee. Surely anyone with a normal intact functioning brain can see that this is a position which is 180 degrees removed from the idea of supporting a filibuster on judicial nominees. (So that a minority can prevent a floor vote on judicial nominees.) Indeed, Madison argued at the Constitutional Convention that the President should have the sole power of appointment but (of course) he settled on a limited role of the Senate for advise and consent. Let us summarize in brief what that limited role was before concluding this installment of the framers know best series.

Essentially, the primary reason the advise and consent rule was made was to prevent conflicts of interest in the president's nominations particularly political patronage and nepotism.[...] The framers saw that giving the Senate a broader authority than this in the process would infringe on the authority of the executive branch and create the kind of imbalance in government that the framers strove to avoid at every turn. But indeed that is what the Democrats have sought to do in their little charade of judicial filibustering -all the while trying to cloak their noxious activities in the incense of a mythical "longstanding tradition." Hopefully this post demonstrates in reasonably brief fashion why that dog will not hunt. [Excerpt from Rerum Novarum (circa May 24, 2005)]

In other words, while there is no provision in proper Constitutional thought for judicial filibustering, at the same time, the purpose of the advise and consent provision is to put a check on cronyism. And anyone who does not see cronyism in this appointment has blinders on: it cannot be more obvious and thus, I favour a proper use of advise and consent procedures to root it out.

In light of those two factors -the failure to advance the fight over judicial restraint and original intent and the obvious cronyism involved with this nomination- it matters not if Bush is being a little more clever than meets the eye is involved with a rope a dope sales job or if some conservatives are or are not faking that they do not like Bush appointee so as to make the democrats feel like she is not conservative enough though with the latter I do not think it is applicable.

What we are seeing is those who put faith in this man on a foundational issue in the culture wars and no evidence whatsoever that he even gets the magnitude of this moment in time. Throw into it obvious cronyism and the reaction that is to be taken seriously{3} is a bunch of loyalists responding angrily at being kicked in the teeth yet again as if this president is taking his base for granted.{4} That is the bottom line really, not whether or not this woman is a stealth conservative or not{5} and we have no credibility opposing the cronyism in The Evil Party if we do not show consistency and oppose it in The Stupid Party -and with the latter that means the nomination of President Bush's lawyer as a justice on the Supreme Court.

[Update: I was told via email that I appeared to have gotten more extreme on this issue within one day of the previous posting on this subject. As I said in a posting from today, I do not see how anything I have said above is either incongruent or not present in the previous postings except the difference in tonality. To say that I am as definitive as I can be on this candidate without being definitive would be an accurate assessment. Essentially, I what came out in the thread above is a seething lividness that well-qualified and sound judicial thinkers such as Janice Rogers Brown are not being considered for this nomination. Furthermore, if Bush lacks the backbone for a fight that is his problem and it will not (and is not) sitting with the base who has supported him through a lot of unsavoury situations and positions specifically for the opportunity to redirect in a constitutional direction the high court. Nominate someone such as Ms. Brown Mr. President and dare the Democrats to Bork a black single mother. Much as they did with Condoleeza Rice, they will show themselves to be the true racists since Brown is eminently qualified to sit on the court: far more so than some of those empty robes posing as sitting justices now. -ISM 10/10/05 6:37pm]

Notes:

{1} Unless there is opposition to her from within the base that influences senators in Bush's party to either grill her hard or oppose her nomination.

{2} To note a few such postings as they pertain to one of the common single-issue voting blocks:

On the Pro-Life Issue and the Myopic Vision of Many Pro-Life Advocates --A Rerum Novarum Recapitulation Thread (circa September 08, 2004)

{3} With those who are opposed to her because Bush appointed her, that is not an opposition to concern oneself with. But those who are opposed to her on the basis of (i) charges of cronyism, (ii) because she is so unknown, or (iii) because she will avoid a necessary fight on the role of the Supreme Court in the public square: those are not people to take lightly. [Excerpt from Rerum Novarum (circa October 7, 2005)]

{4} Do not get me started on the litany of failures of this president...I have documented them in recent years and do not have the time (nor the patience) to do it again here.

{5} This is another area that annoys me but that is a subject for another time perhaps.

Friday, October 07, 2005

More on the Miers Appointment:
(Musings of your humble servant at Rerum Novarum)

This is to be read as an extension of what was blogged the other day on the matter at hand.

To start with, there is more from the blogosphere to report on the subject at hand.

--Todd Zywicki from The Volokh Conspiracy opines about something I have been pondering in private about: whether any of the proposed Republican presidential hopefuls for 2008 will seize the day on the controversy of this issue and publicly oppose this nomination.{1}

--Orin Kerr from The Volokh Conspiracy deals with the assertion that this is a matter of beltway elitism in opposing the nomination. Orin is right, this is not a beltway creation but involves disturbances across the political spectrum. With those who are opposed to her because Bush appointed her, that is not an opposition to concern oneself with. But those who are opposed to her on the basis of (i) charges of cronyism, (ii) because she is so unknown, or (iii) because she will avoid a necessary fight on the role of the Supreme Court in the public square: those are not people to take lightly.

--Beth over at the Vast Right Wing Conspiracy BLOG appears to concur with the view that much of the opposition to the Miers nomination is from "right wing activists" and that they are no more correct in their opposition than the senate activists who will oppose the nomination of an obvious conservative judge to the court.

--Christopher Blosser at the Ratzinger Fan Club has a roundup of views on this issue -though he seems to have missed Our previous posting on the matter...minor issue really since nothing definite had been said by Us on the matter up to that point. Chris also appears to be mulling this over before pronouncing on the matter which is not an unwise thing to do.

--Captain Ed of Captain's Quarters points out in more than one place the dangerous precedent to be set with making the evangelicalism of Ms. Miers a reason for supporting or opposing her.

--Bryan Preston of The JunkYard BLOG appears to be taking his time on reaching a definite position on this matter which is prudent on his part.

And with more news from the gang at Southern Appeal:

--JoelL reveals that the Miers nomination may be in trouble from Republicans in the Senate.

--Michael has posted some stuff from Quin Hillyer (whomever that is) who has said that this nomination is the death knell for his presidency

--Hunter Baker has taken issue with the "B+" assessment of this nomination that Hugh Hewitt noted a couple days ago.

--Feddie seems to have recovered somewhat from his initial reactions and has listed some questions he believes need to be posed to Ms. Miers at the hearings.

--QD has been critical of the elitism that permeates some of the opposition to the Miers nomination.

--Rice is not feeling any better about this nomination after a day and a half to mull it over.

And finally, in a very recent addition to the subject:

--Non-SA member Kevin Tierney seems in his recent musings to concur with the views of the aforementioned Quin Hillyer (via SA's Michael) that this is a disaster for the Bush presidency. He also concurs with Bryan Preston that President Bush's appeal to trust has been shattered by a series of sitautions leading up to this pick and therefore the President is on very thin ice to make such an appeal to those who have made up his base of supporters up to the present time.

After days of positing the views of others on this issue, reiterating some additional views from the same people (and posting some new ones above), and mulling over the various threads germane to the subject in question, the readers are probably wondering where their host stands on this issue. My position is still undergoing development; however, I will note where it is at the present with the disclaimer that it is not definite yet. Nonetheless, in summary form, here are the threads of what I have arrived at thus far...

---I agree with Orin Kerr and Todd Zywicki of The Volokh Conspiracy on some things -Orin as I noted above and Todd on the idea that a Republican hopeful in 2008 could make a name for themselves if they work to get this nomination rejected in favour of a known constructionist.

---I agree with Captain Ed of Captain's Quarters that any attempt to support Miers because of religious beliefs will backfire on such supporters with a vengeance and set back the attempt to properly reshape the court until either the next resigning justice or the next Republican president (whichever comes first).

---The musings of Bryan Preston of The JunkYard BLOG which I noted approvingly of in the previous posting are ones that I still concur with. Furthermore, Bryan's noting that President Bush seems amazingly tonedeaf to the squandering of trust which conservatives placed in him is something I concur with...Greg Mockeridge may recall me mentioning this to him by phone two nights ago. Furthermore, Bryan summarizes well what Greg and I concurred on in our phone conversation:

The Coalition of the Illin' can be as angry at President Bush as they please over this nomination, and there's certainly some grounds for it. But they should direct some of their ire and public commentary at the Senate Republicans. This debacle was born in the Senate, under the Republicans' watch. We have a majority in name only.

Those who have thought that my concerns about the 2006 election were bordering on the absurd should stop to reconsider them in light of what we are seeing in the handling of this whole Miers situation thus far.

---I noted in the previous posting on this topic that I agreed with QD's original thoughts on the matter and I still do. There is a problem with this nominatiom from the standpoint of giving any indication that this will move the court from its activist rulings in recent decades back towards a proper approach to the Constitution. Just because Miers may be positionally correct, there is no evidence to suggest that she will have a paradigm shifting effect on the court in the coming years if she is confirmed by the Senate.

---I also concur with QD that she will need to be grilled by Republican senators not just the Democrats. Furthermore, QD once again captures a key part of my outlook on this issue in his recent posting noted above.

---In the previous posting on this topic, I noted that I agreed with William's second and third points from his initial thoughts on the matter and I still do view them as significant keys for this entire equation. To note them here, they are as follows:

Because Miers is a stealth candidate, we cannot yet judge this pick. Perhaps she is in agreement with Karen Williams and Mike Luttig on issues of interpretation and the role of the judiciary. We just don't know. Much like Roberts, we will have to depend on those who know the nominee personally to gave us some insight. I would prefer to read a nominee's books, articles, and opinions to learn for myself, but this is apparently the way the game is now played.

Lack of judicial experience does not concern me. Partners in major law firms have a more challenging job than most federal judges. This experience in private practice and how the legal world really works, in my opinion, is an asset.

---I must admit that I disagree with Beth on the double standard here as I hinted at with my audioposting on physician assisted suicide, the Supreme Court, and original intent. However, I do agree with her that for many on the so-called "right" there is an activist element that needs to be watched carefully. I am however not an activist insofar as I am not promoting anything with this nomination that is to my own advantage over that of other people. That is the hallmark of an "activist" generally speaking and it does not in any way affect my approach to these issues nor that of many who have problems to varying degrees with this nomination.{2}

---I do not completely agree with Feddie and Rice but then again, I am not a Republican party loyalist (or even a Republican). If I still was a Republican, I would probably view things as they do though admittedly. They have been soldiers in the trench, loyal Republicans who feel betrayed by this; ergo their reactions of anger initially are in my view justified ones.

---I agree with Kevin Tierney that this is a major dropping of the ball for President Bush for many of the reasons he specifies (particularly those which mirror what Bryan Preston had to say on the matter). There is a serious trust deficiency here and President Bush has kicked the teeth of his base in one too many times to come back again and say "trust me"...in this light, Kevin's parallel to the battered housewife is quite apropo.

---I have to agree with JoelL that if this nomination is in trouble that is a good thing.

In summary, my view is not definite yet (I am willing to give the candidate the benefit of the doubt until we know what she will say at the hearings). Feddie is right that we need to ask specific questions and make this a referendum of sorts on the judicial philosophy of the Supreme Court in the coming years. This would have been easier with a known commodity but at the very least, if it appears Miers will be confirmed, then somehow this kind of confrontation needs to be manufactured out of her nomination hearings. Ask her some clarifying questions about overall philosophy and not how she would rule on a particular case. We can start with the questions offered by Feddie and probably compile quite a list...then there is the bugging of key Republican senators to ask these questions in the hearings.

There cannot help but be in the back of my mind a long-held lament as I conclude this posting and it is this: my kingdom for a viable third party. And no, I do not mean in the traditional sense but instead in the kind of reconstituted sense I have outlined on this very weblog before. But that is something for the longterm and will not help in the immediate future; however, those stinging over the latest teeth kicking they received by President Bush would do well to give that proposal some careful consideration over the coming months and years.

Notes:

{1} I am not saying oppose it because they should or should not but solely from the perspective of this being a hotpoint issue over which much mileage can be gained politically.

{2} I am not saying Beth's view on this is without merit: heck, we all know certain Republicans sorts who approach the court with their own pet issues to promote. I simply do not think most of those disappointed in this nomination fit that criteria.
For only the second time in this weblog's history, I have deleted the text of a post from the archives and replaced it with something else. Go HERE for the details if you are interested.
Miscellaneous Musings on Dialogue

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