The American Spectator

Reader Mail

Nice People

9.5.02 @ 12:01AM

WHERE HAVE I BEEN?
My husband emailed me an article on American Prowler, and since I have a million things to do at work and love to procrastinate, I got completely distracted and have been on your site for the last hour (there goes my lunch time...).

I just wanted to write to thank you for what you do. Thank God (literally) that there are smart people writing smart articles about what's really going on in and around our world. I appreciate the wit and detail, the humor and well-versed exposes. Living in Los Angeles, it can get pretty depressing trying to find "like minded" individuals who see through the smoke and mirrors.

Anyway, just a quick note. Sincere thanks for the fabulous website. And -- we'll read on...
-- Deirdre Dickerson

NICE JOB
Re: Lawrence Henry's America on the Eve of War:

Dear Mr. Henry: Just wanted to write and thank you for your recent article about our country and the nice people who live here. It brought tears to my eyes for I too think we are heading for war real soon. I love this country and can't for the life of me understand why we are so hated except for maybe jealousy. How sad. Anyway, thanks for saying the things that I have been thinking. I enjoy your column. May the Lord help this great nation and may we all turn to him for guidance. Thanks for listening.
-- Myrna Petersen
Cedar City, Utah

Lawrence Henry in his entry "America on the Eve of War" claims that decimate was a method of controlling subjugated populations. In fact, it was used to punish the cowardice of a Legion in battle. The Legion was lined up and every tenth man was killed as they went down the line.
-- Joseph R. L. Simkins
Richardson, Texas

CONGRESS IN MIND
Re: Robert A. Levy's reply in Reader Mail's Congress, the President and Habeas Corpus:

The placement of the habeas corpus language in Article I is not necessarily dispositive of the question. Art. I deals not only with the legislative power but also the national power. Art. I section 9, which contains the habeas corpus language also prohibits the granting of titles of nobility by the United States (note not Congress). Section 10 prohibits the states from exercising certain powers that "nation states" would have otherwise.

Storey's opinion and Marshall's dicta are more on point. I always have suspected that Taney's decision in Merriman was as much political as "legal." One should remember that the opinion was rendered when Taney was sitting as a Circuit Court Judge. Further, after Taney's legislative actions in Dred Scott, one should treat all of his opinions with some degree of caution.
-- Charles Horgan

Robert A. Levy replies:
Thanks for your comment. Of course, the "Title of Nobility" clause appears in the same paragraph as a parallel provision requiring congressional consent. So it's plausible that the entire paragraph was crafted with Congress in mind. No matter: the executive power to grant titles of nobility is non-existent, with or without Art. I, sec. 9. In a government of enumerated powers, no power exists unless it is affirmatively granted. Indeed, the "Title of Nobility" clause, even as it applies to Congress, is almost certainly unnecessary. My guess is that it was included out of an abundance of caution to ensure that the legislature would not overreach in carrying out its lawmaking role.

The habeas clause is different. It is, first, a prohibition of power, but then, second, an exception to the prohibition, which could thus be construed as a grant of power. It is not conceivable that the Framers would have conferred habeas power on the executive in such an obtuse manner -- buried in a section of the Constitution that is devoted to the legislature. That's especially true for a power that would permit the executive, unilaterally, to imprison U.S. citizens indefinitely, for any reason, without charges filed, absent judicial recourse of any kind.

By the way, seven of the nine justices thought that Dred Scott should remain a slave. Should we ignore the subsequent legal pronouncements of all seven?

MAHONY MONSTERS
Re: George Neumayr's The Cardinal's Superdome:

Great article and very direct. What is really unbelievable is that people like Mahony, Law and Egan can get to positions of power and are able to maintain themselves in these positions at unbearable monetary and spiritual cost to the Catholic Church and the faithful.

Between these three and many others they have effectively destroyed the Catholic Church for the next 30 or 40 Years.

Letter to the Editor

topics:
Taxes, Education, Hillary Clinton, Entitlements, Constitution, Law, NATO