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Interview
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Homemaker
of the Year | September 27, 2005
|
Today, September 24, 2005, my wife of 41 years was honored
as "Homemaker of the Year" at Phyllis Schlafly’s Eagle Forum
meeting in St. Louis.
Joined by her three daughters, Amanda, Jennifer, and
Alexandra, Peggy spoke eloquently and ably represented the Phillips family.
Here is a summary bio:
Peggy Phillips is the third of four daughters born to Dr.
and Mrs. Walter O. Blanchard of Newton and Cape Cod, Massachusetts.
Dr. Blanchard, born to a low-income family in Somerville,
Massachusetts, was awarded full scholarships to Harvard College and Harvard
Medical School from each of which he graduated magna cum laude.
Peggy’s Dad was an active foe of socialized medicine and
conveyed to Peggy a passionate streak of political and moral conservatism.
Dr. Blanchard was nationally recognized for his leadership
in efforts to assist the handicapped and as founder of an organization to
help persons afflicted with epilepsy.
While in private practice, where he served patients at his
home office, and as a teacher at Harvard Medical School, Chief of Medicine
at the Massachusetts Institute of Technology, and finally as Chief of
Medicine at the Raytheon Corporation, Dr. Blanchard was universally
respected for his integrity and his indifference to material benefits.
While a student at Newton College of the Sacred Heart, Peggy
organized and led a very active Young Republican Club.
In her senior year, while attending a speech by Congressman
Walter Judd at a statewide meeting of the Massachusetts Caucus of Young
Republican Clubs, Peggy met Howard Phillips, a Harvard Junior, who sought
her support for his candidacy to become Massachusetts College YR Chairman.
When Peggy delivered to Howard the unanimous support of her
Newton College delegation, she was elected to be his Co-Chairman, and, over
the next few years, Howard and Peggy worked together organizing 39 college
YR clubs, building what many believed to be the strongest political
organization in the Commonwealth of Massachusetts, with more than 300
volunteers who turned out regularly on weekends to help score uphill
victories for GOP candidates in districts many of which were overwhelmingly
Democratic.
Peggy and Howard also worked together in battling the
Left-wing United States National Student Association and helping build New
England chapters of Young Americans for Freedom.
They were married in 1964, shortly after Howard, at age 23,
was elected Chairman of the Boston Republican Party.
Their first child, Douglas, was born in 1965. A graduate of
the College of William and Mary in Virginia and George Mason Law School,
where he studied Constitutional law, Doug and his wife, Beall, who led the
pro-life group at Doug’s college, now live in San Antonio, Texas with
their seven children. They work together on a variety of projects, including
Doug’s company, Vision Forum, and his charitable organization, Vision
Forum Ministries. Doug is heavily involved with the home school movement,
the Witherspoon School of Law and Public Policy, the Institute for Creation
Research, the San Antonio Independent Christian Film Festival, the annual
Faith and Freedom Tour, and much more.
In 1966, after moving to the Washington, D.C. area, where
Howard was a top assistant to GOP National Chairman Ray Bliss and helped
staff the National Republican Coordinating Committee, Peggy gave birth to
Amanda, who lives with her husband, Brian, and their four children in
Purcellville, Virginia in a home which Brian personally designed and
constructed. Brian and Amanda met at Grove City College where they were
classmates.
In 1968, while Howard was managing the successful U.S.
Senate campaign of Pennsylvania Congressman Dick Schweiker, their son, Brad,
was born. Brad and his wife, Angel, and their four children now live in
Rappahannock County, Virginia, to which Brad and his entire family have
recently returned from a two-month mission to Africa.
As Founder and President of the Persecution Project
Foundation, Brad has helped Christians in southern Sudan with radios,
schools, hospitals, orphanages, and strategic support for the Sudanese
People’s Liberation Army (SPLA), led by his close friend, Dr. John Garang,
who was assassinated just a few days after having been installed as Vice
President of the Sudan and shortly after meeting with Brad and his family at
SPLA headquarters in southern Sudan.
Brad’s organization has delivered many tons of food and
medical supplies to the Christian victims of the Marxist-Islamist Sudanese
government based in Khartoum.
In 1974, just after Howard was finishing his service as
Director of the United States Office of Economic Opportunity, where he
strove to close down Lyndon Johnson’s "Great Society", and just
weeks before the launch of The Conservative Caucus, Peggy gave birth to
Jennifer, now a graduate of Hillsdale College, who lives and works in New
York City while pursuing an acting career for which she prepared in college
and at various venues in the Washington, D.C. area, including the Washington
Shakespeare Company.
In 1978, while Howard was leading the national campaign
against the surrender of the U.S. Zone and Canal at Panama, Peggy gave birth
to Alexandra, who has graduated from the Eastman School of Music in New York
and is currently pursuing a Master’s Degree at the University of Tennessee
in Knoxville. Alexandra has already distinguished herself as a soprano with
the Baltimore Opera Company, the Knoxville Opera, and the Shaker Mountain
Opera Company in the Berkshires. Alexandra has even had the opportunity to
sing the national anthem at a major league baseball game.
Both Alexandra and Jenny are fans of Gilbert and Sullivan
and have acted in some of their operettas.
Peggy’s youngest son, Samuel Joshua Phillips, was born in
1986. He benefited from 12 years of home schooling, during which he
organized the Patrick Henry Oratorical Society, acted in the film,
"Gods and Generals", and was named the Outstanding Athlete for
leadership and sportsmanship in his hometown Babe Ruth League. Sam also
worked with his Dad in organizing a geostrategic tour of the Far East in
which he helped arrange events in Singapore, Hong Kong, Shanghai, Beijing,
and Taiwan, featuring presentations by some 45 diplomats, military leaders,
public officials, geo-strategists, and Christian activists.
Sam, who was elected Class President shortly after arriving
at Christendom College, is now in his sophomore year, following an eventful
summer which included ten days in Israel. He previously took part in a study
tour in Italy.
During 41 years of marriage, Peggy has been a faithful wife,
mother, and grandmother, providing encouragement and support to every member
of her family.
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Constitutional
Heroes | September 26, 2005
|
Eleven members of the U.S.
House of Representatives courageously voted against President Bush’s $52
billion plus supplementary appropriation to deal with the problems arising
from Hurricane Katrina.
The eleven Constitutional
heroes were: Joe Barton (Texas), Jeff Flake (Arizona), Virginia
Foxx (North Carolina), Scott Garrett (New Jersey), John
Hostettler (Indiana), Steve King (Iowa), C. L. Otter
(Idaho), Ron Paul (Texas), James Sensenbrenner (Wisconsin), Thomas
Tancredo (Colorado), and Lynn Westmoreland (Georgia).
I sent each of them the
following letter:
Dear Congressman: On behalf
of The Conservative Caucus, please accept my congratulations and
appreciation for your courageous vote against the $52 billion New Orleans
funding package proposed by President Bush. You did what was right, and
that you did so reflects credit on your discernment and integrity.
|
"Freedom 21" | September
16, 2005
|
Tom Deweese of the American Policy
Center has an exciting new project, Freedom21.com, which he explains in the
following manner:
How Freedom21.com Operates
1. Freedom21.com is a service of
Freedom21 Communications (L.L.C.), owned and operated by Tom and Carolyn
DeWeese
2. Freedom21.com is a secure
site, with the exception of the opening page. This page is left unsecured
because to do otherwise would inhibit access. In addition, the first page is
simply an advertising page and no personal information is requested or stored.
3. Subscription payments to
Freedom21.com are primarily offered through online, recurring credit card
debits. Accepted credit cards are Visa, MasterCard, American Express and
Discover. Checking account bank cards may be used, only if they contain the
Visa or MasterCard logos. Bankcards not authorized by Visa or MasterCard will
not be accepted. Freedom21.com cannot provide monthly billing statements. In
case a member decides to cancel their subscription, the paid monthly fee is
not refundable. Service will be provided for the full month and cancellation
will go into effect starting with the next calendar month after cancellation.
Partial months will not be prorated. This policy will also cover those who pay
memberships a year in advance. Refunds will be issued based on the number of
months remaining in the subscription at the time of cancellation, beginning
with the next calendar month.
4. Checks may be accepted for
subscriptions under the following conditions. First, the check must be for a
full year’s subscription in the amount of $75. The check must be made
payable to Freedom21 Communications and mailed to 50A South Third Street,
Suite 1,Warrenton, VA 20186. Only after the check is received and deposited
can the membership sign up process begin. Freedom 21 Communications will need
to contact you for that purpose, so you must provide contact information with
the check. All cancellation and refund policies listed above apply.
5. Freedom21.com takes very
seriously, the privacy and security of its members. Personal information of
members on this site will not be exchanged with anyone for any purpose. Our
staff does not have access to your personal credit card account numbers. There
are no secret back doors written into our software. The only information from
this site that will ever be provided to an agency or branch of the government
(at any level) will be through legal subpoena. In the event of such an
occurrence, Freedom 21.com will take every step possible to notify its members
of that fact, unless restrained by legal order.
6. One of the main purposes for
the establishment of Freedom21.com is to help provide financial support to
Freedom organizations, Internet news sites, radio programs and publications.
If your organization would like to be considered as a participating
organization it will be necessary to provide Freedom21.com with your
organization’s name, website information (for our links page) contact
information (including address) and a taxpayer ID number or Social Security #
of an official in the organization. That information is required because the
$2 per subscriber, per month going to Freedom21.com participating
organizations is not a donation, but will be considered a commission to the
receiving organization. The Internal Revenue Service requires Freedom21.com to
file a form 1099 to each organization which receives such funds during the
year. Freedom21.com has the sole right to decide eligibility for participating
organizations.
|
Three Strikes Against
Roberts as Umpire | September 14, 2005
|
There were many troubling responses offered by Judge John
Glover Roberts, Jr. in the course of his confirmation testimony before the
U.S. Senate Committee on the Judiciary.
However, particular attention, in my view, ought be called
to three of his responses which are quoted below following the questions
which prompted them.
First, concerning the "pro bono" work which Judge
Roberts did for Lambda Legal Defense, a homosexual activist group, in the
run-up to a pro-homosexual decision by the U.S. Supreme Court in the case of
Romer v. Evans, Roberts made clear that he found nothing morally
objectionable in abetting the sodomite cause.
Does this mean that he will be a likely vote for the
homosexual agenda in cases which come before the Supreme Court?
Second, in asserting that the First Amendment deals with a
"prohibition on establishment of a religion", Judge Roberts is
either reflecting an extraordinary ignorance of the actual First Amendment
language, which states that "Congress shall make no law respecting
an establishment of religion" – – – language which was
inserted in the Bill of Rights to prevent Federal interference with
religious establishments in the several states.
The implication of Judge Roberts’ statement in this
interlocution is that he rejects acceptance of the fact that America got its
start as a Christian republic, not as a pluralistic democracy. This position
should be a source of concern for those who oppose unconstitutional judicial
interference with the acknowledgment of God through public prayer, displays
of the Ten Commandments, and the statement in the Pledge of Allegiance that
we are "one nation under God".
In a similar vein, Judge Roberts told California Democratic
Senator Dianne Feinstein, who asked for his views about the separation of
church and state, that "When it comes to judging…I don’t look to
the Bible or any other religious source".
This is an extraordinarily troubling confession, inasmuch as
our entire common law system of jurisprudence is predicated on the Bible,
the rock on which our Declaration of Independence and Constitution are each
founded.
ROBERTS DID NOT FIND IT MORALLY OBJECTIONABLE TO ADVANCE THE HOMOSEXUAL AGENDA
U.S. SENATOR ARLEN SPECTER (R-PA
)
CHAIRMAN, SENATE JUDICIARY COMMITTEE:
"Let me move…to your participation pro bono in Romer, where you gave
some advice on the arguments to those who were upholding gay rights. There’s
a quotation by Walter Smith, who was the lawyer at Hogan Hartson in charge
of pro bono work. And he had this to say about your participation in that
case, supporting her, trying to help the gay community in the case in the
Supreme Court. Mr. Smith said, quote, ‘Every good lawyer knows that if
there is something in his client’s cause that so personally offends you
morally, religiously, or if it so offends you that you think it would
undermine your ability to do your duty as a lawyer, then you shouldn’t
take it on.’ And John – referring to you – wouldn’t have. So at a
minimum, he had no concerns that would rise to that level. Does that
accurately express your own sentiments in taking on the (inaudible) to the
gay community in that case?"
JUDGE JOHN G. ROBERTS, JR
:
"I never turned down a request. I think it’s right that if there had
been something morally objectionable, I suppose I would have. But it was my
view that lawyers don’t stand in the shoes of their clients and that good
lawyers can give advice and argue any side of a case. And as I said, I was
asked frequently to participate in that type of assistance for other
partners at the firm. And I never turned anyone down."
ROBERTS MISQUOTES AND DISTORTS FIRST AMENDMENT REQUIREMENT
THAT CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION
CHAIRMAN SPECTER
:
"Do you believe today that the right to privacy does exist in the
Constitution?"
JUDGE ROBERTS
:
"Senator, I do. The right to privacy is protected under the
Constitution in various ways. It’s protected by the Fourth Amendment which
provides that the right of people to be secure in their persons, houses,
effects and papers is protected. It’s protected under the First Amendment
dealing with prohibition on establishment of a religion and guarantee of
free exercise."
ROBERTS REJECTS THE BIBLE AS A SOURCE OF LAW
U.S. SENATOR DIANNE FEINSTEIN (D-CALIF.)
:
"In 1960, there was much debate about President John F. Kennedy’s
faith and what role Catholicism would play in his administration. At that
time, he pledged to address the issues of conscience out of a focus on the
national interests, not out of adherence to the dictates of one’s
religion. And he even said, I believe in an America where the separation of
church and state is absolute. My question is: Do you?"
JUDGE ROBERTS:
"I don’t know what that means when you say absolute separation. I do
know this: that my faith and my religious beliefs do not play a role in
judging. When it comes to judging, I look to the law books and always have.
I don’t look to the Bible or any other religious source."
|
Conference - Countering
the War on Faith | September 14, 2005
|
My friend, Dr. Rick
Scarborough, the Founder and President of Vision America, has been a leader
in the fight against judicial tyranny and in support of the religious
liberties guaranteed in the U.S. Constitution.
On March 27 and 28,
2006, Dr.
Scarborough will be hosting a conference at the Omni Shoreham Hotel in
Washington, D.C. The agenda is as listed below. Please
note that this conference was scheduled for October 17-18, 2005, but
has been rescheduled.
Tentative Schedule -
"Countering the War on Faith"
March 27, 2006
8:30 – Conference Opens,
Introductory Remarks
9:00 – Panel: News Media
10:00 – Speaker: Sen. Brownback
10:30 – Panel: Hollywood and Christians
11:30 – Panel: Public Education Panel
12:30 – Lunch, Speakers: Sen. Santorum, Alan Keyes
2:00 – Panel: Academia
3:00 – Speaker: Congressman DeLay
3:30 – Panel: Judiciary
4:30 – Panel: Left-Wing Activist Organizations
6:30 – Banquet, Speakers: Rick Scarborough, Zell Miller
March 28, 2006
8:30 – Conference convenes
9:00 – Panel: Promoting Faith In A Hostile Culture
10:00 – Speaker: Sen. Coburn
10:30 – Speaker: Gary Bauer
11:00 – Panel: Our Judeo-Christian Roots
12:00 – Lunch, Speaker: Sen. Cornyn
2:00 – Panel: Christian Political Activism
3:00 – Speaker: Dr. Jerry Falwell
4:30 – Speaker: Gov. Huckabee TBA
5:00 – 6:00 – Closing Remarks, Conference Adjourns
For more information: www.visionamerica.us
or 866-522-5582
|
Roberts for Rehnquist is
a Net Loss | September 13, 2005
|
These comments have been
prepared prior to the Senate Judiciary Committee’s confirmation hearings
regarding President Bush’s appointment of John Glover Roberts, Jr. to
William Rehnquist’s chair in the U.S. Supreme Court.
Because there is so much
uncertainty about where Roberts will stand on many issues, it behooves us to
await the conclusion of those hearings before making a final determination
as to whether a conscientious Constitutional conservative should vote
against Judge Roberts’ confirmation.
When Roberts was named to
succeed Sandra Day O’Connor, the likelihood was that his service on the
bench, compared to that of Mrs. O’Connor, would be a net plus.
However, it became a very
different story when George Bush decided to make Roberts his replacement for
Chief Justice Rehnquist.
There are at least two reasons
why this is so:
1. Mr. Justice Rehnquist was
a consistent articulate opponent of the Supreme Court’s jurisprudence in
Roe v. Wade.
2. Moreover, he was a
consistent foe of pro-homosexual rulings by the court, in such cases as Romer
v. Evans and Lawrence v. Texas, as well as in Bowers v.
Hardwick, where his position was that of the Court majority.
There is reason to conclude
that, to put it mildly, Roberts will be less dependable than was Rehnquist
on the important issues of abortion and sodomy.
Here are some facts and
opinions to consider:
As reported in the Los
Angeles Times (Richard Serrano, 8/4/05): "Supreme Court nominee
John G. Roberts Jr. worked behind the scenes for a coalition of gay-rights
activists, and his legal expertise helped them persuade the Supreme Court to
issue a landmark 1996 ruling protecting people against discrimination
because of their sexual orientation.
"Then a lawyer
specializing in appellate work, the conservative Roberts helped represent
the gay activists as part of his law firm’s pro bono work. While he did
not write the legal briefs or argue the case before the Supreme Court, he
was instrumental in reviewing the filings and preparing oral arguments,
according to several lawyers intimately involved in the case."
"The coalition won its
case, 6 to 3, in what gay activists described at the time as the movement’s
most important legal victory. The three dissenting justices were those to
whom Roberts is frequently likened for their conservative ideology – Chief
Justice William H. Rehnquist and Justices Antonin Scalia and Clarence
Thomas. …"
"The lawyer who asked for
his help on the case, Walter A. Smith Jr., then-head of the pro bono
department at Hogan & Hartson, said Roberts did not hesitate. ‘He
said, "Let’s do it." And it’s illustrative of his
open-mindedness, his fair-mindedness. He did a brilliant job,’ Smith
said."
"Roberts did not mention
his work on the gay-rights case in his 67-page response to a Senate
Judiciary Committee questionnaire released Tuesday.
"The committee asked for
‘specific instances’ in which he had performed pro bono work, how he had
fulfilled those responsibilities, and the amount of time he had devoted to
them. …
"Jean Dubofsky, lead
attorney on the case and a former member of the Colorado Supreme Court, said
she came to Washington to prepare for the Supreme Court presentation and
immediately was referred to Roberts.
" ‘Everybody said
Roberts was one of the people I should talk to,’ Dubofsky said. ‘He has
a better idea on how to make an effective argument to a court that is pretty
conservative, and hasn’t been very receptive to gay rights.’ "
"The case was argued
before the Supreme Court in October 1995, and the ruling was handed down the
following May. Activists across the country cheered the victory. Suzanne B.
Goldberg, a staff attorney for Lambda, a legal services group for gays and
lesbians based in New York, called it the ‘single most important positive
ruling in the history of the gay-rights movement.’"
There are several reasons for
conservatives, Christians, and Constitutionalists generally to be troubled
by the voluntary assistance provided to the homosexual activists by Mr.
Roberts. Among them are these:
1) Judge Roberts did not
disclose his involvement when he responded to a specific question on the
questionnaire he filed with the Senate Judiciary Committee;
2) Judge Roberts apparently
had no moral objection to using his skills to advance the homosexual
agenda;
3) It suggests an absence of
an understanding by Mr. Roberts that homosexual conduct is sinful and
ought to be discouraged;
4) It suggests that, as a
Supreme Court Justice, Judge Roberts would divorce himself from common law
principles and Biblical morality in determining his position in particular
cases; and
5) It is another example of
how Judge Roberts seems to go out of his way to pander to those on the
Left who might otherwise oppose him."
*"John Roberts says he
will honor established Supreme Court rulings, telling a Senate committee
that legal precedents are important to ‘promoting the stability of the
legal system.’ …‘Precedent plays an important role in promoting the
stability of the legal system,’ he added. ‘A sound judicial philosophy
should reflect recognition of the fact that the judge operates within a
system of rules developed over the years by other judges equally striving to
live up to the judicial oath.’ " Source: Hope Yen, Associated Press, www.abcnews.go.com,
8/3/05
"John Roberts pledged...to
respect established rulings if confirmed to the Supreme Court, saying judges
must recognize that their role is ‘not to solve society’s problems.’
…
"Roberts provided
responses to a broad array of questions involving work history, political
ties and views on judicial activism. His thoughts on that subject are
considered critical to gauging his position on overturning the 1973 landmark
Roe v. Wade decision legalizing abortion." Source: NewsMax.com, 8/3/05
*Edward Lazarus, a close friend
of Judge John Roberts, expresses the view that "Roberts is not burdened
by a Bork-like record of speaking out in his own voice….
"Roberts presents a sharp
contrast to Bork in judicial philosophy. Roberts is already on record
strongly disclaiming an allegiance to any particular theory of
constitutional interpretation, such as original intent jurisprudence.
Roberts says that he picks and chooses what interpretive tools to use (such
as textual analysis, historical analysis, or reliance on precedent)
depending on which tools seem best to fit a particular case. …"
"Putting politics aside,
the current Court member Roberts most resembles is Stephen Breyer. Roberts
is far more intellectual than Rehnquist, far more politic than Scalia, and
– as noted above – far less extreme than Thomas." Source: Edward
Lazarus, elazarus@findlaw.com,
8/5/05
*According to Human Events
(8/15/05, p. 6), "On Feb. 16, 1982, as a special assistant to Atty.
Gen. William French Smith, Supreme Court nominee John Roberts wrote a memo
providing advice on how the attorney general could deal with criticism of
the Reagan Justice Department from Human Events, National Review,
the Heritage Foundation and other conservative organizations in a speech he
was scheduled to give to conservatives.
"One passage in Roberts’
memo discusses how the attorney general should handle conservative criticism
of Sandra Day O’Connor, whom President Reagan had named to the Supreme
Court the previous year. This passage cites five separate articles in Human
Events about O’Connor and her less-than-conservative record. Three of
these HE stories specifically cited a misleading internal Justice
Department memo about O’Connor that had been written by then-Justice
Department official Kenneth Starr. Roberts’ memo about how to finesse HE’s
criticism was carbon-copied to Starr himself."
"In a July 18, 1981,
story, which Roberts footnotes in his memo, Human Events had
reported.[sic] ‘Even more serious, so far as conservatives are concerned
was the July 7, 1981, memo for the attorney general from counselor Kenneth
W. Starr. The memo states that Starr talked to O’Connor by phone on two
occasions on July 6, and that she "provided the following information
with respect to her public record on family-related issues." But if O’Connor
provided the record, it was far from complete. For instance, the memo refers
to [Arizona] House Bill 20, which virtually eliminated restrictions as to
when a doctor could perform an abortion. "There is no record of how
[state] Sen. O’Connor voted," says the Starr memo, "and she
indicated that she has no recollection of how she voted." Yet, Dr.
Carolyn Gerster, the leader of the right-to-life movement in Arizona, has
since forwarded to the attorney general a copy of an April 30, 1970, article
in the Arizona Republic which boldly states that O’Connor voted in
favor of the legislation.
"The Justice Department
memo also completely omits from the O’Connor record her April 23, 1974,
vote in the [Arizona] Senate Judiciary Committee against a resolution urging
Congress to support a human life amendment to the Constitution. Why, right
to lifers are asking, wasn’t this important vote in the memo? Did Mrs. O’Connor’s
memory fail her, or did the Justice Department fail to include it?’
"In responding to this and
similar reports in HE, Roberts wrote: ‘A related criticism focuses
on the screening and appointment of federal judges, highlighted by the O’Connor
debate. The assertion is that appointees are not ideologically committed to
the President’s policies, again with particular emphasis on the social
agenda. …"
" ‘Here again I do not
think we should respond with a "yes, they are" ’; rather we
should shift the debate and briefly touch on our judicial restraint themes
(for which this audience should give us some credit). It really should not
matter what the personal ideology of our appointees may be, so long as they
recognize that their ideology should have no role in the decisional process
– i.e., so long as they believe in judicial restraint. This theme should
be glossed somewhat, because of the platform, but we can make the point that
much criticism of our appointees has been misdirected.’ [Emphasis in
original.]
"The ‘platform’ to
which Roberts refers is presumably the 1980 Republican Party platform, which
called for the appointment of judges ‘who respect traditional family
values and the sanctity of innocent human life.’ " Source: Human
Events, 8/15/05, p. 6
*"Democrats should
recognize an olive branch when they see it.
"By choosing John G.
Roberts to replace Sandra Day O’Connor on the Supreme Court, President
Bush came as close as possible to finding a non-ideological, consensus
nominee who can also lay claim to being a Republican. …
"Roberts has no
far-reaching ideology, no creative articles, no revolutionary plans for
constitutional law. He looks like an emblem of the Washington establishment….
"He is most likely to
follow the center of the court in its current direction … as a standing
member of the Washington establishment he won’t try to turn the ship
around or steer it to a completely different port. … Roberts is no Robert
Bork…. Confirming Roberts could also be the first step in bringing
consensus to the Supreme Court itself." Source: John Yoo, The
Washington Post, 7/21/05, p. A23
*"Supreme Court nominee
Judge John G. Roberts wrote that Congress should not be able to strip
federal courts of jurisdiction in cases involving school prayer, according
to a previously undisclosed document obtained by The Washington Times."
"The document contradicts
newspaper and wire-service reports that suggest he favored legislation aimed
at barring federal courts from reviewing school prayer cases."
" ‘Such bills were bad
policy and should be opposed on policy grounds,’ he wrote in a May 6,
1985, memo to his boss, White House Counsel Fred Fielding. …
"Mr. Roberts wrote the
1985 memo in response to a request from the White House Office of Management
and Budget, which sought a legal opinion on the proposed Voluntary School
Prayer Act of 1985.
" ‘This bill would
divest the Supreme Court of jurisdiction to hear any case involving
voluntary school prayer,’ he wrote on White House stationery.
"Mr. Roberts then noted
that he had already looked into the issue when he was an assistant attorney
general. Although he concluded such bills were ‘bad policy,’ he
acknowledged they were not expressly prohibited by the Constitution.
" ‘After an exhaustive
review at the Department of Justice, I determined that
such bills were within the
constitutional powers of Congress to fix the appellate jurisdiction of the
Supreme Court,’ he explained. …
"Mr. Roberts believed such
bills should be opposed on policy, not constitutional, grounds…."
Source: Bill Sammon, The Washington Times, 7/28/05, p. A22
Barring evidence to the
contrary which might emerge from the confirmation hearings, it would seem
that the confirmation of Judge Roberts to replace William Rehnquist would be
a net loss for the "conservative" cause.
If I were a United States
Senator, here follow some of the questions which I would direct to him:
1. To what degree would a
Justice Roberts feel bound by precedent, even in cases which he
acknowledges to have been wrongly decided, such as Roe v. Wade?
2. Is Judge Roberts prepared
to set aside the "Lemon test" which requires that public
acknowledgment of God have a secular purpose?
3. What view does Judge
Roberts have concerning the Interstate Commerce Clause of the
Constitution?
4. Under what circumstances,
if any, would Judge Roberts reference foreign law, foreign constitutions,
foreign court rulings and "world opinion" in formulating his
Supreme Court opinions?
5. How does Judge Roberts
interpret the proper application of the "good Behaviour" clause
in Article III of the Constitution?
6. Would Judge Roberts
conclude as a Justice that, even though Article III Constitutionally
authorizes restrictions on the Federal judiciary that it ought not be
applied, for reasons of prudence?
7. Does Judge Roberts believe
that Romer v. Evans was wrongly decided? What about Hardwick v.
Bowers? What about Lawrence v. Texas?
8. Is it legitimate, in Judge
Roberts’ view, for the Federal government to fund organizations which
engage in policy advocacy?
9. When you are faced with
the possibility of overturning a previous Supreme Court decision which you
believe to have been wrongly decided, what factors would you take into
account in deciding whether to overturn rather than adhering to stare
decisis? How much emphasis would you give to the ability of people to
react by changing future behavior if overturning would have no impact on
their previous behavior?
10. What do you believe that
the members of the Constitutional Convention and the state ratification
conventions understood to be the definition of "interstate
commerce"? On what do you base this definition?
11. Do you believe that the
phrase, "the people", has the same meaning everywhere it appears
in the Constitution? If not, what different meanings would you assign to
the phrase?
12. Given that the
Constitution assigns Congress the power to "declare war", what
limits does that put on the President’s role as Commander-in-Chief?
13. When interpreting the
Constitution, how much authority should the debates in the ratifying
conventions and the Constitutional Convention have?
14. How did the authors of
the First Amendment define "an establishment of religion"? Has
that definition been changed by any subsequent amendments to the
Constitution?
|
New Orleans & Nuclear
Threats | September 6, 2005
|
September 1
— This afternoon I participated in a two-hour Claremont Institute Workshop
being held in the context of the annual meeting of the American Political
Science Association at the Wardman Park Marriott Hotel in Washington, D.C.
During the panel Michael Ledeen, who has an office adjacent of Mrs.
Dick Cheney at the American Enterprise Institute, said he opposes military
action against Iran but believes that the United States should take active
measures to support an internal democratic revolution against the incumbent
Iranian regime.
On a separate matter, I
challenged the comments of one of the panelists who argued that the
government of the United States is less subject to destabilization than any
government in recorded history. I said that events in New Orleans should be
a lesson to us all, in that a single nuclear warhead on a scud missile
launched 100 miles offshore could, via electromagnetic pulse, make the
entire country similar to post Katrina New Orleans, except for the problem
of flooding.
I said that destabilization
could similarly be the consequence of a nuclear or chemical or biological
attack on U.S. soil, or a nuclear strike against U.S. population of the sort
which has been promised by leaders of the Communist Chinese People’s
Liberation Army should the U.S. government intervene to preserve an
independent democratic government on Taiwan in the face of an attack by
Beijing.
|
Mrs. Zumwalt | September
5, 2005
|
During the late 1970’s, as
Chairman of The Conservative Caucus, I organized and led a 50-state tour
mobilizing opposition to the Jimmy Carter/Leonid Brezhnev SALT Treaty, which, in
our view, posed a serious threat to the vital security interests of the United
States. During that tour, I was privileged to be joined by about a dozen of
America’s top retired military leaders, including Admiral Elmo Zumwalt,
General Richard Stilwell, Lt. General Daniel O. Graham, Lt. General Gordon
Sumner, Major General Stewart Meyer, Major General Milnor Roberts, Major General
George Keegan, Major General John, K. Singlaub, Major General Vernon Lewis,
Brig, General Robert Richardson, Colonel James Short, and anti-SALT Chairman
Brig. General Al Knight.
One of my favorites was retired
Chief of Naval Operations Elmo Zumwalt, a man of extraordinary character and
courage who is perceived by many to be a liberal, but whose life story embodied
patriotism, heroism, and personal sacrifice. I vividly recall some of the
discussions I had with Admiral Zumwalt, from whom I learned much, and it was a
particular pleasure for me to meet his magnificent wife, Mouza. Admiral Zumwalt
met Mouza soon after entering Shanghai harbor in 1945. Mrs. Zumwalt died at 83
on August 25. Her husband died in 2000.
As reported in The Washington
Post, Mrs. Zumwalt "lived in 40 homes, raised four children, ‘kept
the books, and made life rich in tiny nooks’, her husband wrote…in a poem
titled "Tribute to a Golden Partner".
You raised morale on many
ships,
Solved many family problems on
ocean
trips.
"‘She was an important
member of the official party, meeting with Navy wives, American and allied,
helping them with their problems, raising their spirits, and calling my
attention to many things I had not other way of finding out about,’ Zumwalkt
said in his 1976 book ‘On Watch.’
"During her husband’s tour
of duty in Vietnam, Mrs. Zumwalt assisted the families of Navy prisoners of war
and those missing in action. She worked to raise money for the ‘Pigs and
Chicken’ program, which imported animals from the Philippines to provide
protein to the Vietnamese people.
"In the early 1970s, Mrs.
Zumwalt sat in on focus groups dealing with race relations in the Navy. Her
husband, as chief of naval operations, ordered the Navy to end racial
discrimination and is credited with creating the modern Navy. …
"Mouza Coutelais-du-Roche was
born in Harbin, Manchuria, the daughter of a French businessman and a Russian
mother. Her parents had escaped from Siberia after the communist revolution and
settled in a white Russian community in Harbin. She was 10 when the Japanese
invaded Manchuria in 1932. …
"In October 1945, when she was
22, she met a young U.S. Navy lieutenant at a dinner party at her aunt and uncle’s
home. When she entered the room, Zumwalt, who had been in Shanghai for just a
week, was forever smitten.
"‘Tall and well-poised, she
was smiling a smile of such radiance that the very room seemed suddenly
transformed,’ he wrote in ‘On Watch.’