HOOKED
Re: AmspecBlog:
I’m hooked again. I always enjoy the letters from readers Monday
through Friday but Saturday and Sunday were downers when you guys
took the weekend off. But, now AmSpecBlog has hooked me and my
weekends aren’t quite as dull. Not to mention that I can’t get
through an hour on any day without updating the AmSpecBlog web
page.
Thanks very much for starting the blog. Kudos to those
responsible.
— Nelson Ward
Ribera, New Mexico
LAWFUL ALITO
Re: George Neumayr’s The Law of
Lawlessness:
George Neumayr hits nicely on the essential cart-before-horse
nature of stare decisis, wherein the written Constitution
is trumped by, for instance, a certain 1973 opinion by Justice
Blackmun.
But Neumayr and other conservatives would do well to overturn
another misconceived judicial stratagem: the decidedly
non-originalist legal positivism of Judge Bork. Alexander Hamilton,
one of the chief architects of the Constitution, argued against the
inclusion of a Bill of Rights because by enumerating certain rights
it would be implied that these were the only rights that the people
could justly claim. Hamilton’s concern was addressed, in the Bill
of Rights itself, by the Ninth Amendment, which is anathema to
un-originalist originalists.
In short, conservatives who want to eschew a real analysis of
rights as natural elements of natural law, will continue to attempt
to force Americans to believe what for Americans is unbelievable,
that there is no such thing as a right to privacy, when the law
written in their hearts tells them that there most certainly is.
So, for instance, having the shrill Ann Coulter blasting out from
her sound truck that the right to privacy is non-existent is a
contradiction of the American moral character itself. It would be
far more true to the text of the Constitution to render an
effective analysis of what rights are generally (claims that are
just) and what the right to privacy is specifically (a just claim
to a zone of personal being and action that first and foremost
excludes the state). From there it would be far easier to say what
the zone of privacy cannot include — such actions as killing one’s
children, whether they are born or unborn, for instance.
But you cannot tell Americans that their immediate and just
claim to privacy does not exist. They know that it does. And a
close inspection of the Constitution’s text will also reveal that
it is not merely a document of positive law, but is rooted in the
just claims of natural rights and natural law, which are the
inviolable underlying tenets of its very lawfulness.
Hence the absurdity of the positivist claim by Bork and others
that overturning the anathema of Roe should merely throw
the question of killing the unborn back to state legislatures. No
legislature has any authentic power to allow the taking of any life
without a profoundly just cause, such as saving the life of a
mother. If any legislature had such an authentic power, then it has
the power to force all sorts of violations of unenumerated rights
and natural law down the throats of Americans.
So I urge fellow conservatives to overturn Borkian positivism in
contemplation of overturning Roe, and to clarify what
rights are, what the right to privacy is, and that the Constitution
does not stand on its own ground but on the ground of natural
rights and natural law. To disregard or fear this ground is to
disregard or fear who we really are as Americans and to pretend
that the Constitution is not cognizant of its own foundation when
it clearly is.
ï® Martin McPhillips
Stare decisis is the loophole for conservative judges to
pass through. God bless John Roberts. By the way we still don’t
really know where John Roberts stands on abortion. We only hope we
do. We know where Judge Alito stands. His Ma told us.
— Annette Cwik
If stare decisis is all important, then the Dred Scott
decision still stands. Likewise, if you believe that SCOTUS
justices have to be replaced by like-minded justices, than the
Taney court is permanent.
— John Manguso
San Antonio, Texas
PERSIAN MISSILES
Re: Christopher Orlet’s The
Snake and the Dove:
Making the threats that hostage-taker Ahmadinejad has made while
international eyes are negatively focused on Iran would normally be
regarded as foolhardy. But Iran has no fear, because they now have
a nuclear device. They just don’t have effective means of delivery,
nor do they have more than one. They just figure one is enough to
deter large-scale military action by any opponents.
— Ken Lizotte
Bristol, Vermont
I read Mr. Orlet’s article with interest as I always do. I waited
for the obvious conclusion and was disappointed when I failed to
grasp his point. After all, it has been obvious for years exactly
what the Iranians’ goals are, power and domination of as much of
the world as possible. The statement made by the current president
of that country that Israel should be destroyed should not surprise
anyone.
Mr. Orlet provided a very good, enlightening analysis of the
Iranian leadership and pointed out the obvious fact that they will
do everything in their power to develop a nuclear device and a
delivery system for it. Whether they target Israel, Europe, or Iraq
is unimportant. Any use of nuclear weapons by Iran would, in all
likelihood, spark a nuclear conflict involving the U.S.
I strongly suspect that the current U.S. administration
recognized this years ago. That is one of the paramount reasons why
there are 110,000 US troops sitting in Iraq at this very moment. It
is also the main reason why Iranian influence in Iraq must be
stymied immediately. It is also the reason that there will be
significant troop numbers in Iraq for the next several years, first
in support of the Iraqi government, then assigned to leased bases
there.
Iran must be recognized as one of the foremost threats to peace
in the world in the foreseeable future and must be dealt with very
firmly, first by implied threat, then by action. Teddy Roosevelt
was right when he said, “Speak softly and carry a big stick.”
However, that “big stick” must be kept out of the hands of
immature, belligerent nations, at all costs.
Who knows what the Iranian leaders would do with nuclear
weapons? Possibly Nostradamus.
— Michael Tobias
Ft. Lauderdale, Florida
Iran is already killing Americans in Iraq with the shaped charges
they are smuggling in.
War with Iran looms.
— David Govett
Davis, California
GIGGLES-IN-CHIEF
Re: Jay Homnick’s Only Hurts
When I Don’t Laugh:
Mr. Homnick should be gratified to see the President’s comments
yesterday, courtesy of the Corner:
Q. Mr. President, in Argentina, you will have a
bilateral meeting with President Kirchner.
THE PRESIDENT: Si.
Q. What I want to know — sources of the government told me that
they would ask you about more cooperation on support for Argentina,
you know, in the IMF fund —
THE PRESIDENT: IMF.
Q. Exactly.
THE PRESIDENT: Please don’t tell me that the government leaks
secrets about conversations to the —
Q. Well, I have my sources in the government.
THE PRESIDENT: You do? Okay, well I’m not going to ask you who
they are, of course. (Laughter.)
Q. No, please.
THE PRESIDENT: Inside joke here, for my team.
—
Rex Pilger
Arvada, Colorado
THE GOOD, THE BAD
Re: Lisa Fabrizio’s Good
News is Bad News:
Professor “Flubber” (Fred MacMurray) is on the witness stand and
he’s defending his failure. He says that he might have fallen flat
on his face, but at least he was pointed in the right
direction.
— Sue Ellen Hirtle
Exactly why the Dems should have done all they could to keep
Harriet Miers moving to be confirmed. She was the best they could
hope for and the conservatives would still have been reeling.
— Bennett French
Justice Alito may “probably eat his children” but at least we know
he doesn’t drown his girlfriends!
— Jay W. Molyneaux
Wellington, Florida
A WAR OF THE ROSES?
Re: Christopher H.’s letter (under Who Lost Basra?) in Reader
Mail’s Illegal
Motions:
Christopher H.’s letter castigating Blair and the Brits for
their alleged failing in Basra cannot pass without comment. He
shouldn’t bet the “crown jewels” so easily. By the way, if he means
“Crown Jewels” he should write “Crown Jewels” — failure to do so,
as Yoda might say, the path to deep misunderstanding
is.
So Blair is a coward, EUroweenie,and appeaser. Right on all
points —I’ve been saying so for years. Christopher’s knowledge of
British military history is a bit dodgy —his reference to the days
when “thin red line of phlegmatic Yorkshire fusiliers held off
waves of screaming, bloodthirsty Zulu head loppers against all
hazards” doesn’t take into account that the original “thin red
line” were Scots, the Argyll & Sutherland Highlanders at the
Battle of Balaclava during the Crimean War — the Crimea being, for
the avoidance of doubt, in what was then Russia and not South
Africa; nor that the soldiers who held off Cetewayo’s Zulu impis at
the Battle of Rorke’s Drift were mostly Welsh. Heck, that day the
Taffs did a better job of holding a fortified position than Davy
Crockett at the Alamo — sorry, did I just say something
‘culturally inappropriate’?
Ah, so we are “gutless and stupid”? Can’t think of anyone having
cause to call Russell Aston gutless. Or Pita Tukutukuwaqa. Or Scott McArdle. Or Paul
Lowe. Or Russell Beeston. Or Gordon Gentle. Now, if you were to apply that
description to the military policemen of Abu Ghraib, who would have
had a hard time finding work as extras in Deliverance, and
who made their naked prisoners form human pyramids, and were then
dumb enough to get their pictures taken, in the off
moments when they weren’t impregnating each other — they could
certainly be classed as both gutless and stupid.
Christopher H., who in a move clearly designed to appease his
critics doesn’t provide us with his surname, correctly notes that
Blair has appeased the IRA — as, incidentally, have George W.
Bush, Bill Clinton, George Mitchell, Pete King, Teddy Kennedy, and
a legion of my dopier Irish-American cousins who for years fell for
the beast Gerry Adams’s homespun tales of fighting the Brits
(anyone who wants to know how the dollars they gave Big Gerry in
the hope of freeing Holy Mother Ireland from Brit oppression were
put to work had better not eat before they read what they did
to a Catholic) and put their bills into the plate; just for
welfare. As far as appeasing Libya goes, one had thought that the
current resident of the White House was equally guilty of that
charge; although not much apart from Qaddafi’s annihilation will
ever erase the anger I personally feel towards him for killing my
countrymen in their beds, and leaving the nose-cone of Pan Am
Flight 103, the Clipper Maid Of The Seas, lying on
Tundergarth Hill as a monument to his viciousness. An un-Christian
and unworthy sentiment, I know; but I guess a lot of American folks
might feel the same way.
There are those of us, of course, who think that the most
profound of what Christopher describes as “the fundamental problems
and serial misjudgments that bedevil the war in Iraq” are that
we’re there in the first place. No doubt Christopher doesn’t see it
that way — he’s fallen for the triangulating garbage spouted by
the allegedly conservative magazines and think tanks, with their
talk of “global democratic revolution” (or is it “benevolent global
hegemony”? Or “New World Order”? Geez, you get confused). Debating
with a neocon is almost Newtonian — for every argument there is an
equal and opposite counter-argument. Saddam has WMDs — no he
doesn’t! We are bringing democracy to the Middle East — the Iraqi
constitution is already on the way out because it endorses Sharia
law! Give me liberty or give me death — give them liberty or give
them death; or why not give them both, because that’s what they
seem to have at the moment!
Christopher is a repeater of talking points, a hollow man. It’s
a pity that his willingness to buy into the most extreme theories
of world affairs have led him to make statements that Rush Limbaugh
might have found in bad taste. As the old Royal motto goes, “Nemo
me impune lacessit,” which, for Christopher’s sake, is nothing to
do with a movie starring Kirk Douglas and James Mason; it means,
‘Don’t tread on me’; and don’t tread on your friends or their
“crown jewels.” You never know when you might need them.
With very best regards from the Old World,
— Martin Kelly
Glasgow, Scotland