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January 4, 2010
Cover Story
Politics
Design by Joseph W. Kelly
10 American Czars
by Jack Kenny As the United States proudly foists Americanstyle democracy on much of the world, presidentially appointed
czars control large swaths of the U.S. economy, without oversight.
Features
17
Climate
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CONSTITUTION CORNER
22
Book Review
29 Rogue or Ruse?
29
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34
Departments
5 Letters to the Editor 33 The Goodness of America
7 Inside Track
9 QuickQuotes
42 Correction, Please!
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President Pierces
Constitutional Sense
America, a 1605 voyage to the Massachusetts mainland brought some captured Indians back to England. One of them was
named Tisquantum, a Wampanoag from
the tribal village at what is now Pawtuxet,
Massachusetts. During his years in England, he learned the English language and
way of life.In 1619, after various adventures, Tisquantum was able to return to his
village.He was set ashore, only to find that
his people were all dead from a disease
possibly bubonic plague caught from
European fishermen.Tisquantum then settled into the remaining Wampanoag tribe
living in the area.
When the Pilgrims arrived, they were
astonished to find an Indian who spoke
fluent English.Without his assistance that
first terrible year in the wilderness, the
Pilgrims would likely have perished altogether.Squanto, as they called Tisquantum,
showed them how to plant corn and fertilize the kernels with a fish, and otherwise
increase their food production.
Less known is the fact that, acting for
Massasoit, he provided food, advice, interpreter service, and guidance through
the territory to locations where they could
obtain commodities and seafood, and
showed them how to build warm houses.
He also provided hope in the face of terrible adversity.
The Pilgrims considered Squanto a special instrument of God for their good beyond
their expectation, as Governor Bradford
wrote in his History of Plymouth Plantation,
1620-1647.Squanto died of an illness during
the second winter of the colony. Bradford
noted that he died desiring the Governor to
pray for him that he might go to the Englishmens God in heaven.
John White
Cheshire, Connecticut
Virtue is a choice.
Make it a habit.
Virtue the moral excellence
evident in my life as Iconsistently
do what is right
Sponsored by
Inside Track
Obama Ordered Troop Surge Despite Only 100 al-Qaeda in Afghanistan
Theres No Deadline
for U.S. Exit From Afghanistan
Obama administration officials on December 6 made it perfectly
clear that American military forces will remain in Afghanistan for
a long time, playing down President Barack Obamas December
1 statement that after 18 months [in July 2011], our troops will
begin to come home.
Defense Secretary Robert Gates, Secretary of State Hillary
Rodham Clinton, and other top officials appeared in a coordinated series of television interviews. A key message was that any
reduction starting in July 2011 would be slow, and this would
only be the beginning of the transfer of responsibility to Afghan
a call to cynicism it is a recognition of history; the imperfections of man and the limits of reason.
But what circumstances necessitate placing American soldiers into harms way? And when such circumstances arise, who
should make the decision?
The Nobel Peace Prize is an honor bestowed by what is essentially an arm of the Norwegian government, accompanied
by a significant monetary award. When the President accepted
the prize without seeking or receiving congressional approval,
he violated Article I, Section 9 of the U.S. Constitution, which
states: No person holding any office of profit or trust under
them, shall, without the consent of the Congress, accept of any
present, emolument, office, or title, of any kind whatever, from
any king, prince or foreign state.
7
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Inside Track
On the Scene in Copenhagen
William F. Jasper, senior editor for The New American, and Alex
Newman, contributor to The New American, attended the second week of the United Nations Climate Change Conference in
Copenhagen, which was still in progress when this magazine was
sent to the printer.
The conference opened in the wake of the fallout over Climategate, the appearance on the Web of incriminating e-mails
written by and to global-warming alarmists connected with the
UNs Intergovernmental Panel on Climate Change. For Jaspers
report on Climategate, see page 17.
The cover story articles in the next (January 18) issue of TNA,
written by Jasper and Newman, will be devoted to the Copenhagen story. In addition, we have already published, and will
continue to publish, many online exclusives on global warming
and Copenhagen at thenewamerican.com.
William
F. Jasper
Alex
Newman
for his advocacy of sound money and his opposition to the Federal
Reserve. In addition to his bill calling for auditing the Fed (see
page 44), he has now introduced the Free Competition in Currency Act of 2009 (H.R. 4248). He notes that, to be useful and
honest, currency has to be durable, portable, divisible, uniform,
stable, reproducible, and scarce. And he notes that mankinds history demonstrates that gold and silver, not paper bills, have been
the choices arrived at for money throughout the millennia.
The Congressmans new measure calls for three steps: Repeal
legal tender laws that give paper bills issued by the Fed the monopoly always sought by thieves and tyrants; eliminate laws that
prohibit private mints from creating coinage to be used as currency; and eliminate capital gains and sales taxes on gold and silver coins. Regarding the latter, the Congressman provides a clear
explanation of the absurdity and injustice of taxing the purchase
of gold and silver coins by noting how stupid and unjust it would
be if a sales tax were charged every time a person exchanged a
10-dollar bill for a roll of quarters. n
THE NEW AMERICAN January 4, 2010
Barack
Obama
His Huge Election Expenditure May Have Hurt the Political Process
He has done long-term damage to the system.
After New York Mayor Michael Bloomberg spent $102 million of his own money ($174 per vote received)
to squeak out a reelection win, Public Interest Research Groups Gene Russianoff contended that the
citys electoral process had been severely harmed.
Herman Van
The Border Between the United States and Canada
Rompuy
Is a Bigger Concern Than in the Past
We cant take the chance that the footprints we see are somebody
coming here to live the American dream or somebody coming here
to destroy the American dream.
As the official in charge of the U.S. Border Patrols station in northern Vermont, Fernando Beltran has
seen the number of agents in his office tripled to more than 300 since 9/11.
AP Images
You Can Buy Mao Memorabilia in the Town Where He Was Born
Business is better than ever.
Mao Juxiang, a sales clerk in Shaoshan, China, will happily sell anyone items depicting the late dictators image in a bronze bust for $85, a snow globe for $7, or a key chain for $4.25.
Army Family Members Skeptical About Afghanistan War Ending
We have a friend whos been in the military seven years and has been deployed five of those years. I
dont think anyone in the military believes this is going to end soon.
The wife of an Army medic who faces another tour in a few months, Jessica Suckarieh, laments that
her one-year-old son has seen his father for only two months.
A Sober Warning for Senior Citizens
I have a message for you. Youre going to die sooner.
Pointing to President Obamas healthcare proposals, Senator Tom
Coburn (R-Okla.), a medical doctor, claimed that planned cuts in
Medicare would result in dire consequences for older Americans.
He Tossed a Shoe at President Bush
and Now Has One Aimed at Him
He stole my technique.
The famous Iraqi shoe-tosser, Muntadhar al-Zeidi, issued his comment after he ducked to avoid being hit by a shoe thrown at him
during a news conference in Paris. n
Compiled by John F. McManus
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Muntadhar
al-Zeidi
AP Images
AP Images
QuickQuotes
Politics
As the United States proudly foists American-style democracy on much of the world,
presidentially appointed czars control large swaths of the U.S. economy, without oversight.
by Jack Kenny
Thomas Jefferson and his fellow patriots might not have imagined that the
new Republic they had midwifed would
be the land of the (more or less) free and
the home of the czars. But America in the
age of Obama has made czar production a
growth industry. House Minority Leader
John Boehner has accused the President of
circumventing and subverting the Constitution by appointing more than 30 czars
to oversee government operations, most of
them not subject to Senate confirmation.
Many of the positions and responsibilities
duplicate those of cabinet-level officials
and their departments, he said.
He clearly is circumventing the Constitution, in my view, and I think the heat
continues to build on the administration
to deal with this, Boehner said last fall in
an interview with Newsmax TV. Its one
thing to have domestic policy advisors or
international policy advisors, but to have
this many people at the White House who
have really more control than the Cabinet
secretaries, I think is a subversion of the
Constitution.
Of course, the unconstitutionality entails not just the appointing of czars without Senate approval, but also includes
much of what the czars are actually doing,
from telling businesses how much they
can compensate employees to regulating
schools. We have, alas, reached a point
in our history where subverting the Constitution is almost as American as apple
pie. Indeed, though the Republicans may
view it as an Obama phenomenon, czarist
America goes back at least to the days of
the New Deal and has been perpetuated by
both Republican and Democratic administrations ever since.
Any list of so-called czars is to some
extent subjective, since the word czar
is not in any official title and which positions qualify for the designation may be
debatable. According to Wikipedia, the
current use of the term, once reserved for
the rulers of pre-revolution Russia, started during the administration of Franklin
Roosevelt, who had 12 such appointees.
The number dropped to six under Truman
and one in Eisenhowers White House.
Reagan had only one, the Director of the
White House Drug Abuse Policy, and
George H.W. Bush had two. The number
increased to seven under Clinton, then
ballooned to 31 under George W. Bush,
www.TheNewAmerican.com
AP Images
AIDS Czar:
Jeffrey Crowley
Newscom
according to the Wikipedia list. The 30-plus appointed by Obama is remarkable for
an administration barely a year old.
The offices created by executive order of George W. Bush included the Chairman
of the Presidents Council on Bioethics, or the Bioethics Czar, and the Advisor to the
President for Public Health Emergency Awareness, dubbed the Bird Flu Czar. The
special counselors to the President included a Communications Czar. Bush created
the Office of Faith-based and Community Initiatives, headed by the Faith-Based Czar,
and even gave the nation a Birth Control Czar, formally the Deputy Assistant Secretary of Population Affairs in the Department of Health and Human Services. Former
Assistant Secretary of State Elliot Abrams was the Deputy National Security Advisor
11
Politics
Economic Czar:
Paul Volcker
AP Images
12
messages? And might his mission undermine the authority of the U.S. Ambassador and other embassy officials in both
Afghanistan and Pakistan? Holbrooke is
also authorized to work with Gen. David
Petraeus, head of CENTCOM, to integrate civilian and military efforts in the
region. Is there someone in Washington,
below the office of the President, who
is making sure all these efforts are in
harmony with one another? Is there an
opening for a Special Assistant for Coordinated Communications or a Synchronization Czar?
Holbrooke is a veteran diplomat who
was ambassador to the United Nations
from 1999-2001. He has long been a fixture in the foreign policy establishment of
the Democratic Party, and like most, if not
all, of the czars, he is a member in good
standing of the Council on Foreign Relations cabal. He was Assistant Secretary of
State for East Asia and the Pacific during
the Carter administration (1976 to 1980).
He began his work in Foreign Service
under President John F. Kennedy in 1962
and remained employed therein through
1976. From 1972 through 1976, he was
the editor of Foreign Policy magazine, the
house organ of the Council on Foreign
Relations. Holbrooke was useful on many
fronts to President Bill Clinton. Prior to
his appointment as UN ambassador, Holbrooke brokered the Dayton (Ohio) Peace
Accords to end the fighting in Bosnia.
Another veteran of international politics and CFR member, George Mitchell, is also a veteran of the legislative
chambers. The former U.S. Senator from
Maine was Majority Leader from 198994 and was later Clintons Special Envoy
to Northern Ireland, where he was instrumental in bringing about an agreement to
end the fratricide there. As Special Envoy
for Middle East Peace, Mitchells job is
to maintain the very shaky cease-fire between Israel and Hamas. He is no stranger to the Middle East, having led a factfinding mission in the year 2000 to study
violence in the region. His 2001 Mitchell
report formed the basis for the so-called
road map for Middle East peace.
A multi-talented investigator and diplomat, Mitchell has also been the lead
investigator into steroid use in Major
League Baseball, making him perhaps
baseballs first Juice Czar.
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Border Czar:
Alan Bersin
AP Images
AP Images
Climate Czar:
Todd Stern
Other Czars
AIDS Czar: Jeffrey Crowley, Director of the Office of National AIDS Policy. No sane
person is in favor of any disease, especially a deadly disease. But politically speaking,
AIDS is a favored disease and has been favored with its own czar. There is yet no publicly announced czar for typhoid fever or other communicable diseases.
The AIDS Czar reports to the President as part of the Executive Office of the Presidents
Domestic Policy Council. Crowleys qualifications appear bomb proof. He has a Master of
Public Health Degree from the Johns Hopkins University School of Hygiene and Public
Health. His credentials include his work as Senior Research Scholar at Georgetown Universitys Health Policy Institute and Senior Scholar at the ONeill Institute for National
13
Politics
Science Czar:
John Holdren
AP Images
Stimulus
Accountability Czar:
Earl Devaney
AP Images
and Global Health Law, part of the Georgetown University Law Center. He was Deputy
Executive Director for Programs at the National Association of People with AIDS. In his
czarist role, Crowley coordinates HIV/AIDS policy not just domestically but also internationally, since the United States provides billions of dollars in foreign aid to combat AIDS.
Auto Recovery Czar: Ed Montgomery, Director of Recovery for Auto Communities and Workers. Montgomery was Deputy Secretary and Chief Economist at the Labor
Department (1997 to 1998) and is Dean of the College of Behavioral and Social Sciences
at the University of Maryland (2003 to present). He has a Ph.D. in economics from Harvard, which should help him explain what hes doing to the man to whom he reports,
Larry Summers, the former president of Harvard who is now President Obamas top
14
Deposed
Green Jobs Czar:
Van Jones
AP Images
the Clinton presidency, but the pact was suggesting some form of ecocatastrophe,
not submitted to the Senate for ratification if not thermonuclear war, seems almost
after the Senate, by a 95-0 vote, passed a certain to overtake us before the end of
resolution making it clear that the treaty the century.
Conservative critics have quoted a statewould surely die there. He is responsible
for developing international approaches to ment in a book he co-authored in 1977,
reduce the emission of greenhouse gases. Ecoscience: Population, Resources and
He supports a national cap-and-trade sys- Environment. The controversial quotation
tem to limit carbon emissions and reduce says that population-control laws, even
our nations dependency on foreign oil. including laws requiring compulsory aborHe reports to Secretary of State Hillary tion, could be sustained under the existing
Constitution. (James Madison, call your
Clinton.
Science Czar: John Holdren, As- office!)
More troublesome, because its more
sistant to the President for Science and
Technology, Director of the White House recent than a 32-year-old book, is Hol
Office of Science and Technology Policy, drens involvement in Climategate, the
and Co-chair of the Presidents Council deliberate manipulation of scientific data,
of Advisors on Science and Technology. the stonewalling of Freedom of InformaHoldren is the top advisor to Obama on tion requests, and the overall propaganda
science and technology issues. He has efforts of scientists charged with studying
taught at both Harvard and Berkeley and the causes and effects of climate change.
studied aerospace engineering and plasma physics at
the Massachusetts Institute
In a book John Holdren co-authored
of Technology. He is an outin 1977, Ecoscience: Population,
spoken advocate of the need
to reduce greenhouse-gas
Resources and Environment, it says that
emissions. In a 2008 New
population-control laws, even including
York Times op-ed, Holdren
laws requiring compulsory abortion,
called climate-change skeptics dangerous members
could be sustained under the existing
of a denier fringe.
Constitution.
In 1971, he co-authored a
paper on Global Ecology
15
Politics
CLimate
Climate
AP Images
Teacup Tempest?
When the released e-mails of some of the worlds most respected climate alarmists
showed that they were manipulating data, environmentalists tried to downplay the deceit.
by William F. Jasper
scene only three weeks before the United Nations Climate Change Conference
(COP15) convened on December 7 in Copenhagen, Denmark.
Michael Mann, James Hansen, Phil
Jones, Michael Oppenheimer, Stephen
Schneider, and Kevin Trenberth some
of the biggest names in global-warming
alarmism are unfavorably exposed in
the documents that were posted on the Internet on November 20 by unknown hackers who penetrated the computer system
of the Climate Research Unit (CRU) at
Great Britains University of East Anglia.
Phil Jones, the director of the CRU and a
top guru in the Intergovernmental Panel
on Climate Change (IPCC), the UNs
climate brain trust, comes off especially
poorly in the e-mails. After initially balking at calls to resign or step down, the
university announced on December 1 that
Jones would be taking temporary leave
while an independent inquiry is conducted into the matter.
Climatologist Patrick Michaels, who
has long criticized the IPCC process, sees
the e-mail scandal far differently than
Kevin Drum, and chooses a much different metaphor to describe it. This is not a
Climate
Newscom
transparency, openness,
and overwhelming consenThe now thoroughly discredited hockey
sus. Inquiring scientists and
stick, which was a big component of Al
the general public alike are
told not to pay attention to
Gores Nobel Prize-winning documentary,
the mysterious process beAn Inconvenient Truth, attempted to wipe
hind the curtain where the
fantastic and frightening scethe Medieval Warm Period, one of the
narios of impending doom
most solidly established periods of climate
are being created.
However, two Canadian
history, from the historical record.
Totos refused to stop tugging on the curtain, and, as
a result, have successfully exposed some validated by two independent academic
of the trickery of the IPCC wizards. Re- panels, one of which was appointed by the
tired businessman and statistician Stephen National Academy of Sciences.
McIntyre and McKitrick have continued
McIntyre and economist Ross McKitrick
have doggedly pursued the truth and have their independent investigations on their
subjected the IPCCs climate science to award-winning Internet website, Climaterigorous examination. Troubled by unex- Audit.com, which has won the respect of
plained statistical anomalies in Manns even many AGW proponents. However, it
infamous hockey stick graph, they is clear that Mann, Jones, and the climate
contacted Mann to request copies of his cartel regard the two dauntless sleuths
data sets. Mann balked and also refused as the enemy, and they are the subject of
to divulge publicly the algorithm he had many Climategate e-mails, often referred
used to concoct his hockey stick graph. to as MM or the two MMs.
In an incriminating CRU e-mail of FebMcIntyre and McKitrick published several articles challenging Manns work on a ruary 2, 2005, Jones writes to Mann:
number of key points. Their path-breaking
The two MMs have been after the
research sparked a congressional hearing
19
Climate
AP Images
are spending a lot of useless time discussing this rather than spending time preparing information for the negotiators.
Professor Judith Curry has provided van
Ypersele, Miliband, Brown, the IPCC, and
other alarmists with an easy solution to
this problem: Stop hiding your data and
stop engaging in the hostile tribalism
displayed in the infamous e-mail attacks
on fellow scientists. Dr. Curry is no climate skeptic. In fact, she is an AGW true
believer, an IPCC expert reviewer, and
chair of the School of Earth and Atmospheric Sciences at the Georgia Institute
of Technology. Dr. Curry says:
Scientists claim that they would
never get any research done if they
had to continuously respond to skeptics. The counter to that argument is
to make all of your data, metadata,
and code openly available. Doing
this will minimize the time spent responding to skeptics; try it! If anyone
identifies an actual error in your data
or methodology, acknowledge it and
fix the problem. Doing this would
keep molehills from growing into
mountains that involve congressional
hearings, lawyers, etc.
In other words, why not actually practice
the transparency and openness that the UN
and IPCC claim to favor? Dont hold your
CO2 while waiting for that to happen. n
THE NEW AMERICAN January 4, 2010
TM
www.necs.biz 1-800-321-6327
CONSTITUTION CORNER
as well.) Third, every member of the Militia, not specially exempted for some good and sufficient reason supportive of the
common defense and the general welfare, was required at all
times to possess in his own home his own firearm, ammunition,
and necessary accoutrements (to keep ... Arms), and whenever
necessary to bring forth that equipment into the field (to ... bear
Arms). Fourth, all such armaments were specifically suitable
for Militia service which meant that Militiamens firearms
had to be at least equivalent to those the regular armed forces
carried. Thus, what the Second Amendment later described as
the right of the people to keep and bear Arms was first and
foremost a duty. Yet it was a right as well because, if an individual has a duty of citizenship, embodied in law, to keep and
bear Arms, he must as well have a corresponding right to do
so, protected against any interference not only by other citizens
but also by rogue public officials.
In keeping with these principles, when (as the Preamble to
the Constitution states) We the People of the United States
ordain[ed] and establish[ed] th[e] Constitution in Order to ...
provide for the common defence, the Constitution delegated to
Congress the power and the duty [t]o provide for organizing,
arming, and disciplining, the Militia. Self-evidently, the power
[t]o provide for ... arming ... the Militia absolutely excludes a
contrary power [t]o provide for ... [dis]arming them. Moreover,
because Congress cannot provide for ... arming ... the Militia
without somehow arming all of the people of the several States
that is, We the People of the United States who constitute the Militia, Congress has a duty [t]o provide for ... arming
every individual possibly eligible for duty in the Militia.
Consistent with the Constitution, Congress cannot fail, neglect, or refuse to arm let alone attempt affirmatively to disarm the people, because that would effectively destroy the
Militia of the several States. And Congress has no more authority to destroy the Militia than it does to destroy any other parts
of the States governmental structures. Or to destroy the States
themselves, for the security of which the existence of well
regulated Militia is necessary. Or to destroy the Constitutions federal system, of which the States and their Militia are
components as vital as Congress.
Thus, as against the General Government, the people in
each State enjoy the right ... to keep and bear Arms under the
original Constitution.
Because the Constitution is the supreme Law of the Land,
and because the Members of the several State Legislatures,
and all executive and judicial Officers ... of the several States,
shall be bound by Oath or Affirmation, to support th[e] Constitution, the States are powerless to interfere, in any way, with
the performance of Congresss duty [t]o provide for ... arming
... the Militia. Therefore, no State (or any political subdivision
thereof) may prevent the people within her own jurisdiction
either from being arm[ed] by the provision of Congress or
from arming themselves on their own recognizance with equipwww.TheNewAmerican.com
Alexander
Hamilton
ment suitable for Militia service should both Congress and that
States government fail, neglect, or refuse [t]o provide for
arm[ing] them. Plainly, too, no State may affirmatively disarm the people, particularly when Congress and that States
government have failed, neglected, or refused to arm them, and
the people have therefore been compelled to arm themselves
in order to fulfill their constitutional duty.
This limitation on the States power to infringe the right ... to
keep and bear Arms was acknowledged (albeit only in dicta
a judges remark not binding as legal precedent) in the Supreme
Courts decision in Presser v. Illinois, 116 U.S. 252, 265 (1886):
It is undoubtedly true that all citizens capable of bearing
arms constitute the reserve military force or reserve militia
of the United States as well as of the states, and, in view of
this prerogative of the general government, as well as of its
general powers, the states cannot, even laying the [Second
Amendment] out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of
their rightful resource for maintaining the public security,
and disable the people from performing their duty to the
general government.
Of course, Presser was plainly wrong in asserting that all citizens capable of bearing arms constitute a reserve militia of
the United States. For no militia of the United States exists
under the Constitution. Rather, all citizens capable of bearing
23
CONSTITUTION CORNER
The Second Amendment strongly amplified the
original Constitutions guarantee of the right of
the people to keep and bear Arms, as against
both the General Government and the States.
The Second Amendment strongly amplified the original Constitutions guarantee of the right of the people to keep and bear
Arms, as against both the General Government and the States.
No one doubts that the Amendments command reaches the
General Government. Confusion arises, however, from the Supreme Courts erroneous decision in Barron v. City of Baltimore,
32 U.S. (7 Peters) 243 (1833), that the Fifth Amendment and
arms comprise the Militia of the several States, and at all
by extension the entire Bill of Rights does not apply to the
times, not just as reserves. Nonetheless, the essential point
States. Although this decision has been followed many times
remains true, that no State can constitutionally prohibit [her]
in different contexts, it is simply wrong. See generally William
people from keeping and bearing arms that they would need
W. Crosskey, Politics and the Constitution in the History of the
for their Militia service.
United States (Chicago, Illinois: University of Chicago Press,
In addition, the original Constitution commanded [t]he United
1953), Volume 2, Chapter XXX.
States to guarantee to every State in this Union a Republican
To be sure, the entirety of the First Amendment Congress
Form of Government. When the Constitution was ratified, each
shall make no law... and part of the Seventh Amendment
of the States had a Republican Form of Government. Minor
no fact tried by a jury, shall be otherwise reexamined in any
v. Happersett, 88 U.S. (21 Wallace) 162, 175-176 (1874). Prior
Court of the United States... can apply to the General Govto ratification, each of the States (or, earlier, Colonies) had long
ernment only. But the remainder of the Bill of Rights is phrased
in broad language that contains not even an implicit limitation to
maintained her own Militia. Indeed, the Articles of Confederation
Congress or the United States. For example, both the Ninth
had required that every state shall always keep up a well regulatand Tenth Amendments must apply to the States as well as to the
ed and disciplined militia, sufficiently armed and accoutred. So,
General Government or how else logically could the people
in the America of the late 1700s, a Republican Form of Governfully retain[ ] the rights, and have fully reserved to ... them
ment meant nothing less than a government that incorporated a
the powers, to which those Amendments refer?
Militia composed, as Virginias Declaration of Rights stated
The Second Amendments application to the States is even
in 1776, of the body of the people, trained to arms. That being
more obvious. First, in general, the Amendments reference to a
so, if any State today were to infringe her peoples right ... to
free State cannot conceivably embrace only the General Govkeep and bear Arms and thereby undermine her own Repubernment, and not as well the very States that comprise the fedlican Form of Government the people could demand that
eral system, and without which the General Government would
the United States should intervene to protect that right.
never have been formed in the first place and could not continue
Thus, as against each of the States, the people enjoy the
to exist. In particular, the Amendment declares that [a] well
right ... to keep and bear Arms under the original Constitution.
regulated Militia is necessary to the security
of a free State. But the Constitution provides
Short-shrifting rights: Many
for no well regulated or even any Mibelieve that the Second
litia of the United States, only the Militia of
Amendment only applies to
the several States. (Although the ConstituCongress not to States
tion allows the Militia of the several States
thereby allowing States to
to be employed in the Service of the United
issue gun-control laws. But
States in certain circumstances, it does not
only the First and Seventh
deprive them of their status as State instituAmendments are limited to
tions through such temporary Service.) So
controlling Congress, and other
a free State for which [a] well regulated
Amendments, such as the Ninth
Militia is necessary must include each and
and 10th, must apply to States.
every one of the several States. Now, inasmuch as the right of the people to keep and
bear Arms is operationally essential to [a]
well regulated Militia, and [a] well regulated
Militia is necessary to the security of a free
State, then the right of the people to keep
and bear Arms must be necessary to the security of a free State. And inasmuch as no
THE NEW AMERICAN January 4, 2010
CONSTITUTION CORNER
news.navy.mil
3, Chapter XXXII. So, unless the contemporary Court is willing to reverse a long line of decisions, lose face both intellectually and politically, and pry open a massive judicial can
of worms with respect to numerous freedoms protected by the
Bill of Rights but as yet not protected at all or only partially
protected by the 14th Amendment, it will not apply the Second
Amendment to the States under the privileges and immunities rubric.
The Court has held, though, that some freedoms guaranteed
by the Bill of Rights (and even others that are not) can be enforced against the States under the aegis of the 14th Amendment
by incorporating those freedoms within due process of law
by judicial fiat. This doctrine is particularly amorphous and insidious, because it licenses the Justices to decide, not only which
freedoms are to be incorporated at all, but also the extent to
and the conditions under which they are to be protected. Nonetheless, the typical formulae in favor of incorporation that the
Court has enunciated over the years strongly support protection
of the right of the people to keep and bear Arms. For instance,
that due process of law protects: (i) those fundamental principles of liberty and justice which lie at the base of all our civil
and political institutions Hurtado v. California, 110 U.S.
516, 535 (1884); or (ii) the fundamental principle[s] of liberty
and justice which inhere ... in the very idea of free government
and [are] the inalienable right[s] of a citizen of such a government Twining v. New Jersey, 211 U.S. 78, 106 (1908); or (iii)
those tenets implicit in the concept of ordered liberty Palko
v. Connecticut, 302 U.S. 319, 325 (1935).
Self-evidently, inasmuch as the Second Amendment itself
26
27
73013
Book Review
Rogue or Ruse?
Sarah Palins new book Going
Rogue reveals little about
her aspirations, hard-andfast stances, or allegiances,
so conservatives are left
wondering about a possible
Palin presidency.
by Jack Kenny
love to write, but not about myself, wrote Sarah Palin on page
409 of a book that is almost entirely about herself. Going Rogue is subtitled An American Life, but Sarah Palin
is hardly the typical American hockey
mom.
How many women have won a local
beauty contest, finished second runner-up
in the state pageant, then gone on to be
Mayor, Governor, and vice presidential
candidate of one of the two major parties, all while giving birth to and raising
five children? How many have earned the
nickname barracuda for toughness in
athletic competition and Miss Congeniality in the aforementioned state beauty
pageant?
No doubt about it: Sarah is special. And
contrary to the speculations of some in
the Washington punditocracy, she did not
take leave of her senses in July of this year
when she resigned as Governor of Alaska
to well, she didnt say exactly what she
was going to do.
Was it because she hadnt made up her
mind? Or was it that she wanted to get an
early start in campaigning for the 2012
Republican presidential nomination? Obviously, she had committed to writing a
book and received a princely sum for a
simple, 45-year-old hockey mom $1.5
million, in fact as an advance. But is the
book tour an end in itself? Or is it the prelude to a campaign to be (sorry, Hillary)
the first woman ever nominated for and
Call 1-800-727-TRUE to subscribe today!
AP Images
Book Review
shies away from endorsing
abstinence only sex eduThe GOP was soundly beaten in 06 and
cation and says she supports
again in 08, but there are signs of new
contraception, though she is
strong in her stand against
life in the old Party, and who better than
abortion. But that might
a youngish mom with battle scars to
make you wonder if she is
aware that most forms of arpoint the way to a better tomorrow, to
tificial contraception are reoffer a Republican version of hope and
ally abortifacients and if she
can look the culture of death
change?
in the face and recognize it
for the evil that it is.
On military and foreign policy matliefs at the end of the book than I did at the
beginning? Aside from a few vague hints of ters, she seems to think we need to stay
the course in Afghanistan and Iraq. Our
something deeper, the answer is no.
The question is important because diplomacy, she says, must make it clear
nearly every vice presidential candidate is that we support freedom for all and, of
considered among the top tier of candi- course, we must be constant in our supdates for the next opportunity to run for port of Israel.
On pork-barrel spending, she is against
President. But running mates do not speak
their own minds. They articulate even Senator Clintons proposal to build a meparrot the talking points of the presi- morial to the Woodstock celebration in
New York and a proposed monument to
dential candidate and his handlers.
Sarah Palin, for the first time since she mules and other pack animals in Califorentered the national spotlight, is in a posi- nia and the infamous Bridge to Nowhere
tion to speak for herself. But what she says in Alaska. Pause over that last one before
it goes by in a blur.
is rather muted.
In an interview with ABCs Charles
She is for free enterprise, she says. And
local government. Against bailouts for Gibson zeroed in on Palins statement,
failing businesses. She is for small busi- made at the Republican National Conness and small government. She knows vention and elsewhere, I told Congress,
energy issues, especially in Alaska with its Thanks, but no thanks, on that Bridge
trillions of cubic feet of natural gas and its to Nowhere. If our state wanted to build
rich oil reserves. She knows also that the a bridge, we were going to build it oursupply is non-replaceable and she knows selves. In fact, Gibson pointed out, she
a thing or two about energy conservation was lobbying for federal funding for the
and wind and solar power, and she understands the value of keeping a scenic land
beautiful and preserving abundant outdoor opportunities, protecting fisheries, and standing
up to big oil companies.
But hardcore conservatives may wonder if she is really one of us. Does she believe in the pre-W conservative
agenda and Republican platforms
that called for the elimination of
the federal departments of Energy
and Education? She sued the federal
Environmental Protection Agency for
putting polar bears on the Endangered
Species list, an act of rebellion that might
endear her to the Partys conservative
base. But curiously, she makes no mention of that in her 413-page book. She
30
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cash and 10 of the 2008 Impalas to the garage, and two recipients from each of the
five states were chosen by GNG to receive
one of Hendricks cars.
Yacobucci is immensely grateful for
her new car, in spite of its one drawback:
It is so peppy that she has to make it
a point not to get speeding tickets. All
things considered, thats not a bad problem to have.
What Goes
Around Comes Around
Last November, Fenton, Michigan, resident Joe Yousif was shopping at the local
Walmart; in his back pocket were his wallet and a stack of $50 bills. When he returned to work, though, the cash was gone.
He immediately called the store to see if
the money had been turned in, but it had
not; he was told to call back later in the
day to check again.
Assuming the cash was lost, Yousif
waited until the following day to call. He
was immensely surprised and relieved
to learn that someone had indeed found
his money. Sixteen-year-old Skylar Welti
was shopping when she came across the
folded-up stack of bills. Though it would
have been so tempting to the teenager (not
to mention an adult!) to keep the money
which she figured to be about $1,000
and put it down to her lucky day, the
honest teen did the right thing and turned
the money in. I picked it up and looked
at this wad of $50 bills and I just knew I
needed to turn it in, Welti told the November 24 livingstondaily.com. I wouldnt
be able to feel right keeping somebodys
money. For the few minutes I held on to it,
it felt like I had the weight of the world on
my shoulders.
After confirming from the stores surveillance video that it was Yousif who
dropped the money actually $3,000
Walmart returned it to him the following day. Yousif told Michigans ABC12
News that recently he had also returned
found money: $1,000 that his bank had
mistakenly given him. He believes he was
being rewarded for returning the $1,000
by having his $3,000 returned to him, and
continental thinkers and jurists who propounded the principle of natural law and
its blessings and burdens better than any
theorists before or since. The Founders
wisely chose from among the best and
brightest, and combined their words and
deeds into a potent concoction that they
then reduced down with the fire of revolution into a remedy that, despite its base
of history, was uniquely American.
There are many illustrious names
whose books and treatises were read and
assimilated by our Founding Fathers.
Some of those influences are still well
known, and their names and their ideas
(or at least a vague notion of their ideas)
are still heard in lectures on government
(Locke and Montesquieu, for example).
There are others, however, whose identity and influence are now largely lost to
Americans in general, and the books and
papers that were once always at hand for
Madison, Hamilton, Jefferson, et al., are
now to be found only in dusty Special
Collections rooms at the library and online repositories of the foundational tracts
of American political philosophy.
Four of these forgotten influences on
the Founders are the subject of this article.
Their names may sound peculiar, but their
wisdom, as distilled through the handiwork of our Founding Fathers, will have
as familiar a ring as We the People or
life, liberty, and the pursuit of happiness.
Their names are (in order of their birth):
Algernon Sidney, Samuel von Pufendorf,
Jean-Jacques Burlamaqui, and Emmerich
de Vattel.
These great thinkers may be rightly
called the Four Horsemen of American
liberty, the antithesis of the Four Horsemen of the Apocalypse, who brought
havoc and upheaval. These men and their
enlightened interpretations and expositions on self-government informed and
inspired our Founding Fathers, and their
words were as lamps lighting the feet of
pioneers searching diligently to find and
THE NEW AMERICAN January 4, 2010
Algernon
Sidney
Algernon Sidney
King
Charles II
ward Sidneys early devotion to republi- His arrest was chiefly a means to silence
can principles. So pure and deeply rooted one known to be antithetical to despotism.
As the trial began, the Kings solicitors
was Sidneys adherence to the principles
of mixed government that he opposed the decried Sidney as a false, seditious, and
execution of English monarch Charles I libelous traitor whose writings fomented
for treason, and he distanced himself from revolution by inciting the people to rise
former allies after becoming disillusioned up in arms against the King. While Sidwith Oliver Cromwell, the 1st Lord Pro- ney denied the charges of fomenting an
tector of the Commonwealth of England, uprising, he did not deny that he was an
for abandoning republican principles, enemy of absolute monarchy. His study of
including heavy-handedly side-stepping history made it apparent that the best of
all government was a mixed government
Parliament.
Sidney left England and was living in wherein the royal prerogatives are limited
France when the English monarchy was and restrained, and are counterbalanced
restored in 1660. He spent the years of against the inviolable and natural right
self-imposed exile trying to negotiate with of a free people to be self-governing. A
the governments of Holland and France to book of his beliefs, Discourses Concernback a republican invasion of England. ing Government, was used against him by
Unsuccessful in his diplomatic efforts, the prosecution.
Discourses Concerning Government
Sidney returned to England in 1677 and
immediately joined his fellow republicans in opposition to Charles II, who had
As with many of the ancient historians
ordered the dismissal of Parand our own Founding Fathers, Vattel
liament. Soon, Sidney was
implicated on the flimsiest
recognized the insidious harm done to
of evidence in the Rye House
constitutions by those who weaken it from
Plot, a scheme to assassinate
Charles II and his brother,
the inside over time.
and was forthwith arrested.
35
HISTORY
Past and Perspective
ple must surely perish who tamely
suffer themselves to be oppressed.
These words sounded sharp and clear as
a clarion in the ears of American patriots, rousing them to righteous indignation
and fastening their resolve to throw off
the shackles of tyranny and monarchical
abuse.
Algernon Sidney was born an aristocrat,
lived as a republican, and died a fearless
martyr for the cause of liberty on the gallows of a tyrant.
James
Madison
Look in the index of any collection of writings by any of our Founding Fathers, and
you will find numerous references under
the name Samuel von Pufendorf. The writings of this illustrious German jurist were
as oft-quoted as any of the extraordinary
thinkers whose words enlightened the hungry minds of our Founders. Pufendorf was
remarkable not only for his prolific opuses,
but for the approachable and direct manner
of his prose. His political philosophy was
an essential element of the curriculum for
all educated men of the 18th century and
was an indispensable source of well-crafted
reasoning in the supremacy of natural law.
Pufendorf was born in 1632 in the German state of Saxony. His father was a Lutheran minister, and Pufendorf intended to
follow in his fathers ecclesiastical footsteps. Fatefully, Pufendorf found the dogmatic approach of the faculty of the school
of theology too narrow and restrictive, and
he decided to undertake the study of law.
Arriving at the University of Jena in
Germany, Pufendorfs excellence and independence of character began to flourish.
At Jena, he was exposed to the writings of
earlier natural-law theorists such as Hugo
Grotius and under the influence of such
luminaries, Pufendorf set forth his own
theories of mans rights and responsibilities
under the law of nature and natures God.
Two of Pufendorfs books were of
unparalleled appreciation by Americas
Founders. The first and longer of the two
works was an intimidating 1,400-page exposition of natural law entitled Of the Law
of Nature and Nations. The philosophy
and commentary expounded in this book
was later condensed and more narrowly
tailored in Pufendorfs next offering, Of
the Duty of Man and Citizen. This shorter
THE NEW AMERICAN January 4, 2010
Samuel von
Pufendorf
and more accessible volume was a vigorous analysis of one of the foundational
maxims of American political philosophy:
that all men are created equal.
In Of the Duty of Man and Citizen,
Pufendorf affirmed that since human
nature belongs equally to all men, and no
one can live a social life with a person by
whom he is not rated as at least a fellow
man, it follows, as a precept of natural law,
that every man should esteem and treat
another man as his equal by nature, or
as much a man as he is himself. Pufendorfs animated defense of the equality of
man was restated simply and soundly in
the lines of the Declaration of Independence as a self-evident truth.
It is to Samuel von Pufendorfs masterful amalgamation of the spiritual and the
scientific that America owes much of the
strength of the foundation of liberty upon
which she was erected.
Jean-Jacques Burlamaqui
Emmerich
de Vattel
HISTORY
Past and Perspective
fersons most famous phrase: life, liberty,
and the pursuit of happiness, though Jefferson restated the principles of natural
law he learned from his study of Burlamaqui. Burlamaquis words swayed him and
fellow Founder James Wilson to list happiness as a natural right as opposed to the
more familiar denomination of property,
also convincing Jefferson that while the
designation of property as an unalienable right was politically uncertain, it
was philosophically well grounded. With
Burlamaqui as support, Jefferson felt confident to include the phrase in our nations
bold Declaration of Independence from
England.
Emmerich de Vattel
Thomas
Jefferson
Words of Wisdom
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TRAILWINDS
PLAZA
Cleveland Ave.
(Rt. 41)
... the right of the people to keep and bear Arms, shall not be infringed.
Tax-free Firearms
Are you ready for a Second Amendment
Weekend? Shoppers in South Carolina
certainly were, as the state had its second
48-hour tax break on guns just after midnight the Friday after Thanksgiving. According to the Associated Press, shoppers
didnt have to pay any local or state taxes
on gun purchases, but taxes still applied to
ammunition and accessories. The state had
the nations first tax-free gun holiday last
year. Government officials in South Carolina estimated that the state would miss out
on roughly $15,000 in tax revenues. Other
states are joining in on the fun. Louisiana
had its own sales-tax holiday in September, which was even broader than South
Carolinas and included any item that can
be used for hunting or fishing.
Packing Politicians
It appears very likely that five out of the
nine members of the Detroit City Council
could be packing heat very soon. The
fact that Detroit has one of the highest
crime rates in the nation has driven some
politicians to acquire concealed carry
permits, even though the politicians are
assigned a personal security force. According to mlive.com, four members revealed ... they each have a concealed pistol
permit and a fifth planned to get one by
Thanksgiving.
Councilman Reverend Andre Spivey
told the Detroit Free Press in November,
Its not an indictment upon the citizens
of Detroit but just for my own personal assurances. I was concerned that the city of
Detroit not turn into the wild, wild West,
but Ive talked with several incumbents,
and the office presents some challenges.
I dont feel I have to use it, but Ill feel
more comfortable having it. I hope no
one will be out to hurt me or any council
person. But were in a different age.
ObamaCare
vs. Gun Rights?
President Obamas push to nationalize
healthcare in this nation just ran into another obstacle. National Public Radio reports that the group Gun Owners of America (GOA) has jumped into the healthcare
debate. Larry Pratt, executive director for
GOA, wrote a letter to Senators urging
them to vote against the bill. On November 19, Pratt wrote, This bill will most
likely dump Americans gun-related health
F. McManus
AP Images
he prime architect of
the Federal Reserve was
German immigrant Paul
Warburg. Arriving in America
in 1902 with brother Max, he
married into the family controlling Kuhn, Loeb and Company,
Americas prime international
banking firm. By 1907, he was
earning $500,000 annually, an
enormously generous salary at a
time when there was no income
tax and inflation had not begun
eroding the value of the dollar.
Already conversant with the
power possessed by European
central banks, Warburg insisted for the next few years that
America needed a similar banking establishment. He teamed
up with Rhode Islands Senator Nelson Aldrich and, in 1910,
the two were among the seven who met secretly at Jekyll Island,
Georgia, to plot creation of the Federal Reserve. Enacted by
Congress supposedly to curtail the power of the money trust,
the Fed did exactly the opposite. And when Paul Warburg left
Kuhn, Loeb and Company to accept a post on the first Federal
Reserve Board, he would earn only $12,000 yearly.
Warburgs willingness to take such a huge cut in salary is only
one clue to the most important purpose of the Fed. From its inception, the acquisition of power, not wealth, was the goal of its
creators, even though many opponents of the Fed down through
the years have indicated otherwise. When Mayer Amschel Rothschild of the European banking empire bearing his name stated,
Let me issue and control a nations money and I care not who
writes the laws, he indicated that a nations political leaders
would do the bidding of those who controlled money. No one
has ever proved him wrong.
Professor Carroll Quigleys 1966 opus Tragedy and Hope
contains many important revelations. He bared the existence
of a secret society that planned to rule the world, even naming the Council on Foreign Relations as its American branch.
He labeled this secret groups remarkably ambitious project a
network rather than a conspiracy because he had no aversion
to any of its goals. He further admitted gaining permission to examine its papers and secret records for several years. (Where
he went to do such examining has never been revealed.) But
early in his 1,350-page book, the Georgetown University historian pointed to the far-reaching goal of the network he
so admired. He wrote that the powers of financial capitalism
sought nothing less than to create a world system of financial
control in private hands able to dominate the political system of
each country and the economy of the world as a whole.
That squares exactly with the goal of power mentioned years
44
John F. McManus
History of the
Opposition
Art Thompson
Growing the
Movement
Art Crino
Stopping Cap & Trade
in Oregon
Charlie Meadows
Education & Solutions
Total combined cost for afternoon and morning sessions: Adults $25 Couples $40 Students $10
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