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Climate Teacup Tempest?

The Second Amendment and the States Forgotten Influences on the Founders
January 4, 2010

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That Freedom Shall Not Perish


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Newt Gingrich
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The Diminishing Dollar


The price of gold reaches new highs almost
daily against the U.S. dollar. With the buying
power of the dollar being a function of both
how much money the Federal Reserve prints
and international trust in the dollar as the
worlds reserve currency, whats the future of
the dollar? (November 9, 2009, 48pp) TNA091109

American Czars
Americans laud our electoral process and
the separation of powers, but since the days
of the New Deal, we have quietly accepted
the appointment of czars: unelected men
and women who control segments of our
economy without oversight. (January 4, 2010,
48pp) TNA100104

As the primaries for the 2010 elections draw


closer, we examine several viable candidates
who are running on a constitutionalist platform
inspired by Ron Paul. (November 23, 2009,
48pp) TNA090923

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the tinsel and twinkle out of Christmas, it might
be expected that the tradition of Christmas
would diminish. Not so, says our cover story.
(December 21, 2009, 48pp) TNA091221

Constitutional Candidates

Claiming conservative credentials, Newt


Gingrich is here, hes there, hes everywhere
and he may or may not be running for President
in 2012 but are his new credentials for real?
(December 7, 2009, 48pp) TNA091207

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10

Vol. 26, No.1

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

17 Climate Teacup Tempest?

AP Images

by William F. Jasper 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.

CONSTITUTION CORNER

22 The Second Amendment,


the States, and the People

22

by Edwin Vieira, Jr. As the case McDonald v. City of Chicago,


which will determine if States are allowed to have gun control, wends
its way to the Supreme Court, the issues are examined.

Book Review

29 Rogue or Ruse?

by Jack Kenny Sarah Palins new book Going Rogue reveals


little about her aspirations, hard-and-fast stances, or allegiances, so
conservatives are left wondering about a possible Palin presidency.

History Past and Perspective

34 Forgotten Influences on the Founders

29

by Joe Wolverton II, J.D. The Founding Fathers success at


designing a Republic with safeguards to prevent citizens loss of liberty
and to prevent federal despotism was the result of others insights.

THE LAST WORD

AP Images

44 Fed Backers Seek Power More Than Wealth


by John F. McManus

34

Departments
5 Letters to the Editor 33 The Goodness of America
7 Inside Track

41 Exercising the Right

9 QuickQuotes

42 Correction, Please!

COVER Design by Joseph W. Kelly

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LETTERS TO THE EDITOR


Publisher
John F. McManus
Editor
Gary Benoit
Senior Editor
William F. Jasper
Associate Editor
Kurt Williamsen
Contributors
Dennis J. Behreandt
Steven J. DuBord
Selwyn Duke
Gregory A. Hession, J.D.
Ed Hiserodt
William P. Hoar
R. Cort Kirkwood
Patrick Krey
Warren Mass
Alex Newman
Llewellyn H. Rockwell, Jr.
Ann Shibler
Liana Stanley
Joe Wolverton II, J.D.
Art Director
Joseph W. Kelly
Research
Bonnie M. Gillis
Marketing
Larry Greenley
Public Relations
Bill Hahn
Advertising/Circulation
Julie DuFrane

Printed in the U.S.A. ISSN 0885-6540


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President Pierces
Constitutional Sense

Gods Helping Hand

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

An event unreported by Joe Wolverton in


Faith in the Face of Skepticism (November 23) indicates the hand of God
helping the Pilgrims to establish their
society.According to A. L. Rouse in The
Elizabethans and

Send your letters to: The New American, P.O.


Box 8040, Appleton, WI 54912. Or e-mail:
editorial@thenewamerican.com. Due to volume received, not all letters can be answered.
Letters may be edited for space and clarity.

In regard to Jack Kennys recent article


Constitutional Healthcare (November 23
issue), while well researched and right on
target, he missed one of the greatest quotes
from our forefathers that could be used
with this issue, issued by President Franklin Pierce.
Writing in an 1854 veto statement of a
bill to authorize the giving away of federal
lands for the erection of State-funded mental
hospitals, Pierce penned a timeless warning
against the unconstitutionality of federal involvement in healthcare:
I readily and, I trust, feelingly acknowledge the duty incumbent on us all as
men and citizens, and as among the
highest and holiest of our duties, to provide for those who, in the mysterious
order of Providence, are subject to want
and to disease of body of mind; but I
can not find any authority in the Constitution for making the Federal Government the great almoner of public charity throughout the United States. To do
so would, in my judgment, be contrary
to the letter and spirit of the Constitution and subversive of the whole theory
upon which the Union of these States
is founded.
Born in the Founding era, Pierce was educated on the wisdom of the Founders and
spent nine years in Congress before serving
as President.
John Weldon
Playa Del Rey, California

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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

wich them between Pakistan and Afghanistan, preventing them


from re-gaining a foothold in Afghanistan.
So the real question is will Pakistan do enough, said former
White House counterterrorism official Richard Clarke, an ABC
News consultant. What if they take all the money we given them
but dont really follow through? What [is] the strategy then?
The December 2 ABC News article clearly spelled out the
hefty price tag for
dealing with so few
terrorists: With
100,000 troops in
Afghanistan at an
estimated yearly
cost of $30 billion, it
means that for every
one al Qaeda fighter,
the U.S. will commit 1,000 troops and
$300 million a year.

forces. The appearances of Obamas


senior staff memMembers of the
bers seemed geared
South Carolina
toward easing the
National Guard
in Afghanistan
concerns of not only
some U.S. officials
but also officials in Afghanistan and Pakistan that the United
States could be withdrawing too abruptly.
There isnt a deadline, Gates said on CBSs Face the Nation.
What we have is a specific date on which we will begin transferring responsibility for security district by district, province by
province in Afghanistan, to the Afghans.

Obamas Peace Prize


When President Obama accepted the Nobel Peace Prize in Oslo,
Norway, on December 10, he addressed the incongruity of receiving a prize for peace just after he escalated the war in Afghanistan: Perhaps the most profound issue surrounding my receipt
of this prize is the fact that I am the Commander-in-Chief of the
military of a nation in the midst of two wars.... I come here with
an acute sense of the costs of armed conflict filled with difficult questions about the relationship between war and peace, and
our effort to replace one with the other.
Obama devoted much of his speech to a philosophical discussion of a just war and a just peace. Regarding the almost
inevitable need to use force when circumstances warrant it, he
said: Negotiations cannot convince al Qaedas leaders to lay
down their arms. To say that force is sometimes necessary is not
www.TheNewAmerican.com

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

AP Images

President Barack Obamas December 1 speech at West Point was


meant to justify sending 30,000 more U.S. troops to Afghanistan
at a cost of $30 billion per year, but he neglected to mention one
small detail: U.S. intelligence officials estimate there are as few
as 100 al-Qaeda operatives in all of Afghanistan.
President Obama called the al-Qaeda presence there a cancer, but ABC News reported on December 2 that a senior U.S.
intelligence official told them that the approximate estimate of
100 al Qaeda members left in Afghanistan reflects the conclusion
of American intelligence agencies and the Defense Department.
Obama was made aware of this so he could factor it into his decision on whether or not to send in more troops.
Obama did not focus on the size of al-Qaedas presence in
Afghanistan when he spoke, but rather said merely that al Qaeda
has not reemerged in Afghanistan in the same number as before
9/11, but they retain their safe havens along the border. U.S.
intelligence officials believe there are several hundred al-Qaeda
fighters just across the Pakistani border, and an Obama administration official said the additional troops were needed to sand-

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

EPA Declares Carbon Dioxide a Danger to Public Health


The U.S. Environmental Protection Agency has officially declared that carbon dioxide and other so-called greenhouse gases
are dangerous to public health and welfare, paving the way for
much stricter emissions standards.
EPA Administrator Lisa Jackson announced the endangerment
finding on December 7. This ruling was needed to allow new emissions regulations for automobiles to move forward, and it sets the
stage for large-scale emitters of these gases such as factories, power
plants, and refineries to be hit with limitations on their output.
These long overdue findings cement 2009s place in history
as the year when the U.S. government began addressing the challenge of greenhouse-gas pollution and seizing the opportunity

of clean-energy reform, Jackson declared in a statement. The


Obama administration had indicated earlier in the year that it
would make this controversial decision, but the timing of the announcement was meant to coincide with the opening of the global
climate summit in Copenhagen, Denmark.
Global-warming alarmists argue that the release of carbon
dioxide into the atmosphere by man is causing runaway global
warming, despite the fact that most of the warming that has taken
place since the late 1800s occurred before most of the increase in
atmospheric carbon dioxide. Moreover, viewing carbon dioxide
as a dangerous gas overlooks the fact that it is essential for plant
life, which absorbs it through photosynthesis.

Ron Paul Calls for Competition in Money


A monopoly accomplishes for its creator the opportunity to gouge
the public, a consequence generally well known, and generally
despised. There is, however, one commodity existing as a monopoly that the public does not loathe, the creation of money. This
monopoly seems to most Americans to be the only way to proceed. They are unaware that our nation once had competing currencies and this competition led to honesty in the field of money.
Several Spanish coins made of precious metal were circulating
during colonial days, even after the Declaration of Independence.
In 1792, the U.S. Mint began its constitutionally authorized operations, and the people brought their gold and silver to be stamped
into coinage of a fixed size, weight, and purity. Also, there were
private mints issuing precious metal coinage; the government did
not have a monopoly in the field of coining money. But, today, the
only legal money is fiat money issued by the Federal Reserve that
is deemed money by law. Its value continues to decrease because
there is virtually no limit on how much of it can be issued.
Congressman Ron Paul has become well known and admired
8

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

What About the U.S. Constitution?


For the first time in its history, the North Atlantic Treaty
Organization invoked Article 5.... And the United Nations Security Council endorsed the use of all necessary
steps to respond to the 9/11 attacks.
In his December 1 speech, President Barack Obama
avoided mentioning the document he has sworn to abide
by and pointed instead to NATO (a UN regional arrangement) and the UN itself for authorization of the war in
Afghanistan.

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

European Unions New Leader Another Globalist


The climate conference in Copenhagen is another step toward the
global management of the planet.
Prior to taking office on December 1 as the initial President of the
European Union (under the Lisbon Treaty), Belgiums Herman Van
Rompuy let the world know that he is an ardent globalist and an
enemy of national sovereignty.

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
Call 1-800-727-TRUE to subscribe today!

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

t may be considered a strange case of


Back to the Future, halfway around
the world. Twenty years after the
tearing down of the Berlin Wall and the
apparent demise of Soviet communism,
the United States appears to be emulating
pre-Bolshevik Russia. Without knowing
exactly how or why, America has become
the land of the czars, men and women
appointed by some undefined process,
often of dubious legality, literally to rule
over various segments and activities of our
political, social, and economic life. America has a Science Czar, a School Safety
10

Czar, a Car Czar, and even a Czars Czar.


It didnt start with President Barack
Obama, but the tendency to appoint unelected officials, in many cases unconfirmed by any legislative process, to
high-level positions of authority over the
political and economic life of the nation
has greatly accelerated in the past year,
owing in part to the fact that the United
States has taken over corporations in the
financial and automotive sector that had
previously been governed primarily by a
private-sector free market. Thus we have
an Automotive Recovery Czar, a Compensation Czar, and others.
Some members of Congress, belatedly

jealous of their political turf, have been


grumbling about the number of new offices that the President has created without
Senate approval. Congress, of course, has
control over appropriations, and running
all of these new offices costs something
though many czars have been appointed
with salaries undisclosed. Those who remember our Republics founding documents, those parchments preserved under
glass in our nations capital, may recall one
of the charges leveled against the British
King in our Declaration of Independence:
He has erected a Multitude of new Offices
and sent hither Swarms of Officers to harass
our People and eat out their Substance.
THE NEW AMERICAN January 4, 2010

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

Auto Recovery Czar:


Ed Montgomery (right)
Car Czar:
Ron Bloom (left)

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

Schools is the Safe Schools Czar. There


is even a Regulatory Czar, confirmed by
the Senate, to regulate the regulators. The
Director of the Office of Information and
Regulatory Affairs is based within the Office of Management and Budget.
On the international scene, there is the
Guantanamo Base Closure Czar, who is a
special envoy of the Department of State.
The United States has former UN Ambassador Richard Holbrooke as the Special
Representative for Afghanistan and Pakistan, or the Afghanistan Czar. Former Senate Majority Leader George Mitchell has
an even broader role as the Special Envoy
for Middle East Peace, or Mid-East Peace
Czar. The Sudan Czar is officially the Special Envoy to Sudan.
Even in the comparatively czar-free
Clinton years, when there were only seven,
the President had an advisor to oversee the
efforts of the other domestic policy advisors. The chief domestic policy advisor and Director of
No sane person is in favor of any
the White House Domestic
disease, especially a deadly disease.
Policy Council was called,
simply, the Czar Czar.
But politically speaking, AIDS is a
I think this whole issue
favored disease and has been favored
has gotten way out of control
in terms of the number of
with its own czar. There is yet no publicly
czars that he has and adviannounced czar for typhoid fever or other
sors around him, Boehner
said about the reign of czars
communicable diseases.
under Obama. Some Senate
for Global Affairs, known incongruously
as the Democracy Czar.
Obamas additions include an Advisor
to the President and the Vice President on
Domestic Violence and Assault Issues, or
the Domestic Violence Czar. The Green
Jobs Czar is the Special Advisor for Green
Jobs, Enterprise, and Innovation. There is
a Health Czar who is the Director of the
White House Office of Health Reform and
Counselor to the President. There is also
a Car Czar for the auto industry, a Compensation Czar for companies receiving
ordeal money under the Troubled Asset
Relief Program, which has its own TARP
Czar, the Assistant Secretary of the Treasury for Financial Stability. The White
House has both a Science Czar, the Assistant to the President for Science and Technology, and a Chief Technology Officer
known as the Technology Czar. The Director of the Office of Safe and Drug-free

12

Democrats, including Dianne Feinstein of


California and Russ Feingold of Wisconsin, also have expressed misgivings.
Sen. Robert Byrd (D-W.Va.) wrote
Obama a letter warning: The rapid and
easy accumulation of power by White
House staff can threaten the constitutional system of checks and balances. At the
worst, White House staff have taken direction and control of programmatic areas
that are the statutory responsibility of Senate confirmed officials.
Just who are these czars? Some are
newcomers to the national political scene.
Only a couple even come close to having what might be considered household
names. They include, as I have mentioned,
special envoys, and there have probably
been special envoys in every administration, starting with George Washingtons.
Obama has appointed diplomats to deal
with particular areas, such as Holbrooke
as the administrations specialist in Afghanistan. As Boehner indicated, this kind
of appointment has the potential for causing confusion both at home and abroad.
Is it possible, for example, that Holbrooke, the Afghan/Pakistan Czar, might,
intentionally or otherwise, undercut the
authority and influence of Secretary of
State Hillary Clinton in Afghanistan and
potentially elsewhere? Wars, as Secretary
of Defense Robert Gates said recently,
are fraught with unintended consequences. The same is true with political wars.
And it is not that long ago that Barack
Obama and Hillary Clinton were locked
in serious political combat. For political
reasons, he could not leave her out of his
administration altogether, and surely she
had the knowledge and experience to take
on the foreign policy issues the Secretary
of State must confront. It may be unlikely
that Obama would use Holbrooke or any
other czar to deliberately undermine
Clintons efforts abroad. But he might
have in mind the possible advantage of
having people, answerable only to the
President, in Afghanistan and elsewhere
to keep an eye on Secretary Clinton to
be sure she is not undermining Obamas
efforts. He would not want her going
rogue, after all.
And if Holbrooke is answerable only
to the President, who makes sure that he
and Secretary Clinton are on the same
page, so to speak, and not sending mixed
THE NEW AMERICAN January 4, 2010

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

economic advisor. Montgomery also had


the advantage of being a donor of $1,200
to Obamas 2008 presidential campaign.
He is married to the granddaughter of a
General Motors worker from Portland,
Michigan.
His task is to leverage government
resources to support the workers, communities, and regions that rely on the
American auto industry. To leverage government resources sounds so much better
than to fleece the American taxpayers. If
he needs a third job, Montgomery may be
in line for Euphemisms Czar at the Ministry of Truthless Consequences.
Economic Czar: Paul Volcker, Chairman of the Presidents Economic Recovery
Advisory Board. If the bad economic news
becomes too much for the honchos from
Harvard, former Federal Reserve Chairman Volcker will attempt to bring the markets back from the brink. Appointed Fed
chairman by Jimmy Carter in 1979, Volcker helped wring the inflation out of the
economy too late to help Carter, but just
in time to help Reagan in the mid-1980s
He has reportedly taken on at no pay the
task of offering independent, nonpartisan
information, analysis, and advice to the
President as he formulates and implements
his plans for economic recovery. Perhaps
Larry Summers thought that is what he had
been doing because in the eat or be eaten
world of Washington politics, there have
been reports that Volcker has been marginalized by Summers. Of course, the advice
from these two is essentially the same
spend more, create more money out of thin
air, pile up more debt, etc.
Border Czar: Alan Bersin, Assistant
Secretary for International Affairs and
Special Representative for Border Affairs.
A double Ivy man, Bersin is a graduate of
Harvard and earned his law degree at Yale.
He was chairman of the San Diego Regional Airport Authority (2006 to 2009),
Secretary of Education for California
(2005 to 2006), and Superintendent of
San Diego Public Schools (1998 to 2005).
He was U.S. Attorney for San Diego from
1993 to 1998, during which time he was
also Attorney General Janet Renos special
representative on border issues. Now he
reports to Homeland Security chief Janet
Napolitano and is supposed to handle illegal immigration and drug violence along
the Mexican border. His view of illegal imTHE NEW AMERICAN January 4, 2010

migration, however, may be troublesome,


since he said during his days as Clintons
Border Czar that he wanted to focus on
smugglers of both drugs and people and
was not interested in prosecuting economic migrants. He did, however, institute Operation Gatekeeper, which led to
an increased presence of border guards to
deter illegal border crossings. However,
when Bersin left the position in 1998, border arrests were on pace for an 18-year
low of just more than 200,000.
Whatever the justification for the position since the Department of Homeland Security has had from its beginning
the mission of protecting our borders
Bersin appears eminently qualified
for it. But the $50,000 he has given to
political campaigns in the past 10 years,
nearly all of it to Democrats, may have
ensured that his qualifications would not
be overlooked. And his membership in
the establishment Council on Foreign
Relations doesnt hurt either.
Car Czar: Ron Bloom, Counselor to
the Secretary of the Treasury. Not to be
confused with the Auto Recovery Czar,
a natural mistake. Another Harvard man,
Bloom earned his MBA there. Prior to
that he worked for the Service Employees International Union. He was an investment banker with Lazard Freres &
Co. from 1985 to 1990. He co-founded
the investment banking firm Keilin and
Bloom. From 1996 to February 2009, he
was special assistant to the president of
United Steelworkers. He has negotiated
restructuring deals for more than 50 companies, getting major concessions from
both unions and corporations.
Bloom is a leader of the White House
task force overseeing auto company bailouts. He reports to Treasury Secretary
Timothy Geithner and Larry Summers,
head of the National Economic Council.
Climate Czar: Todd Stern, Special
Envoy for Climate Change. Another Harvard Law School grad, Stern was most
recently a Senior Fellow at the Center for
American Progress, where he focused on
climate change and environmental issues.
A top aide to President Bill Clinton, Stern
was head of the Initiative on Global Climate Change (1997 to 1999) and Advisor to the Secretary of the Treasury from
1999 to 2001. He helped negotiate the
Kyoto Treaty on climate change during
www.TheNewAmerican.com

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

Safe Schools Czar:


Kevin Jennings
AP Images

All of that, long suspected by skeptics of


the climate crusade, was revealed and documented after a hacker tapped into the emails of the scientists working on the project and made public their communications.
Those communications, said Rep. James
Sensenbrenner (R-Wis.) at a committee
hearing, show a pattern of suppression,
manipulation and secrecy that was inspired
by ideology, condescension and profit.
Sensenbrenner quoted Holdren from the emails and scolded him for name-calling
of global-warming skeptics.
Stimulus Accountability Czar: Earl
Devaney, Chair of the Recovery Act
Transparency and Accountability Board.
A former director of criminal enforcement
at the Environmental Protection Agency,
Devaney now leads the oversight board
that monitors money distributed under the
stimulus act. He reports to Vice President
Joe Biden.
Green Jobs Czar: Van Jones, Special
Advisor for Green Jobs, Enterprise, and
Innovation at the White House Council
on Environmental Quality. Joness meteoric career rise has taken him from the
Oakland, California, grass-roots organizing scene to the leader of a national
movement to spur the green economy.
He is the founder of Green for All, an organization focused on creating green jobs
in impoverished areas, and co-founder of
the Ella Baker Center for Human Rights
16

and Color of Change, which includes Bay


Area PoliceWatch, a group devoted to
protect[ing] the community from police
misconduct.
His 2008 book, The Green Collar Economy: How One Solution Can Fix Our Two
Biggest Problems, made the New York
Times bestseller list.
His job was to promote environmentally friendly employment within the administration and boost support for the idea
nationwide. He reported to Nancy Sutley,
head of the Council on Environmental
Quality, or the Eco Quality Czar.
But Jones may be the first of the deposed czars; his reign lasting only six
months. Hired in March, he apparently
was not adequately vetted by White House
staff, another reason why critics of czarist government say appointees should go
through the Senate confirmation process.
By early September he was the center of
controversy and issued two apologies,
one for signing a petition circulated by
911Truth.org that questioned whether
Bush administration officials may have
allowed the terrorist attacks of 9/11 to go
forward, perhaps as a pretext for war.
The other was for using a crude term to describe Republicans in a speech he gave before joining the administration. Jones had
also been involved with a radical group in
the San Francisco Bay area called Standing Together to Organize a Revolution-

ary Movement, or STORM, a group with


Marxist roots. As if that were not enough,
Jones, who began his career as an advocate of prison reform, generated still more
controversy by his pleas for clemency for
death-row inmate Mumia Abu-Jamal, who
was convicted of shooting a Philadelphia
police officer in 1981.
Safe Schools Czar: Kevin Jennings,
Director of the Office of Safe and Drugfree Schools in the federal Department of
Education. A former member of the homosexual activist group ACT UP, famous
for disrupting church services and throwing condoms at worshippers, Jennings
is said to have funded a pornographic
ACT UP exhibition at Harvard Universitys art museum. He is also founder and
long-time leader of the Gay, Lesbian and
Straight Education Network (GLSEN),
a group that has condemned heterosexism, along with racism, sexism, and homophobia, as detrimental to a healthy
school climate. Indeed, Jennings himself
has accused American schools of promoting heterosexuality and recruiting children to be heterosexuals by assigning such literature as Shakespeares
Romeo and Juliet.
Worse still, Jennings claimed in a year
2000 speech that he encouraged a teenager
who was in a homosexual relationship with
an adult male. If the child was underage,
as Jennings said at the time, then todays
Safe Schools Czar may well have violated
the law by not reporting the apparent statutory rape. Jennings later changed his story,
saying the boy was past the legal age of
consent.
But beyond the moral decadence lies
another threat to American freedom in the
form of an overgrown government. Even
the best of public servants and the roster of czars contains a number that do not
fit that description seek to expand their
power and to coerce and control those
who do not conform to the ideological
blueprint. When Sen. Russ Feingold, (DWis.) objected to invasions of privacy and
other abuses of civil liberty in the Bush
administration, he was told that his thinking was pre-9/11. The administrations,
he replied, was pre-1776.
Between foreign terrorists and domestic
tyrants, the enemies without and the czars
within, American liberty remains under
siege in the Age of Obama. n
THE NEW AMERICAN January 4, 2010

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

s near as I can tell, Climate


Gate is almost entirely a
tempest in a teacup, wrote
Kevin Drum in a November 30 column
for the left-wing magazine Mother Jones.
Theres nothing questionable there, he
insisted. The tempest-in-a-teacup/no-bigdeal trope has been regularly invoked by
the proponents of global-warming alarmism to dismiss the significance of what
may be one of the biggest science scandals
in history.
The Climategate to which Drum
refers is, of course, the still-developing
scandal involving the release of thousands
of e-mails and documents from a British
climate research center. The leaked documents expose some of the biggest scientific names in the global-warming debate
to serious charges of fraud, unethical attacks on colleagues, censorship of opposing viewpoints, and possible criminal destruction of, and withholding of, evidence.
The timing of Climategate has been
a major boon to skeptics of catastrophic
climate change and a monster headache
to alarmists, breaking onto the world

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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

smoking gun, says Dr. Michaels, this is


a mushroom cloud. On the face of it, it
would seem difficult to dispute Professor
Michaels assessment. The Climategate
e-mails provide powerful confirmation
of charges by many scientists over the
years that the UNs IPCC process is politically not scientifically driven
and that claims of scientific consensus
to justify radical policies are a gross corruption of science. In the past, scientists
who questioned the Jones-Mann-IPCC
consensus have been denounced as
deniers a vicious attempt to associate them with Nazi holocaust denial or
shills for the fossil-fuel industries or
both. Now, however, scientists who cannot be classified as skeptics indeed,
some are prominent names in the alarmist
camp are challenging the IPCC and the
Climategate defendants to come clean and
release the data on which they have been
basing their dire predictions, but have been
withholding from the public and their scientific peers.

Tricks and Consensus


In one damaging e-mail that has been
widely publicized, Jones writes to col17

Climate

Newscom

the case in a May 29, 2008


leagues that he has just used
e-mail message, in which
Mikes Nature trick of
Jones writes to Mann about
adding other temperature
deleting data for the IPCC
data to hide the decline in
Fourth Assessment Report
recent global temperatures.
(AR4):
They had to resort to such
trickery because the data
Mike, Can you delete
conflicted with their claims
any e-mails you may
that anthropogenic (humanhave had with Keith re
caused) global warming,
AR4? Keith will do likeor AGW, is heating up the
wise.... Can you also eplanet to unacceptable levels
and must be curtailed before
mail Gene and get him
it leads to irreversible global
to do the same?... Will
catastrophe.
be getting Caspar to do
The Mike referred to in
likewise.
this message is Michael
Mann, professor of meIn another e-mail that has
teorology at Pennsylvania
shocked and infuriated
State University, whose
many in the scientific cominfluential hockey stick
munity, Jones reveals the
graph utilized statistical
lengths to which he is willmanipulation to produce a
ing to go to sabotage fellow
curve that would support
scientists in order to mainclaims of recent human ac- Climate alarmist James Hansen of NASA poses by a gravestone symbolizing
tain the myth of AGW contivities causing the warmest casualties attributed to global warming.
sensus. In a July 8, 2004
period in the past millennia.
e-mail, Jones assures Mann
The now thoroughly discredited hockey Mann-Jones thesis, arguing in the journal that he (Jones) and Kevin Trenberth will
stick, which was a big component of Al Climate Research that the evidence sup- censor opposing scientific views from the
Gores Nobel Prize-winning documen- ported the existence of the Medieval Warm forthcoming IPCC report. Jones writes:
tary, An Inconvenient Truth, attempted Period. Drs. Soon and Baliunas were soon
to wipe the Medieval Warm Period, one subjected to a smear campaign and six
I cant see either of these papers
of the most solidly established periods editors at Climate Research were forced
being in the next IPCC report. Kevin
of climate history, from the historical re- to resign for allowing the Soon-Baliunas
and I will keep them out somehow
article to be published.
cord.
even if we have to redefine what the
Now the Climategate e-mails are showDuring the Medieval Warm Period
peer-review literature is!
(about A.D. 800-1300), temperatures were ing that the corruption of science in the
higher than today; the Vikings colonized name of saving the planet from the sup- Similar e-mails paint a picture confirming
then-balmy Greenland and roamed the posed scourge of climate change is far the charges of critics that Jones, Mann,
ice-free waters of the North Atlantic. If more extensive and egregious than the and other IPCC activists constitute a cliallowed to stand, this inconvenient truth public or the scientific community real- mate mafia or climate cartel that punwould undercut the alarmists exaggerated ized.
ishes dissenters and rewards those who toe
In an e-mail of January 29, 2004 to Mi- the global-warming party line. The e-mails
claims that burning fossil fuels is causing
the warmest temperatures in 1,000 years. chael Mann, Phil Jones refers to the re- are shedding light on ugly episodes over
In trying to make the Medieval Warm cent death of global-warming critic John the past decade or more in which the carPeriod disappear, the Jones/Mann team L. Daly with this churlish comment: In tel trashed the reputations of, and slammed
went too far, and other scientists respond- an odd way this is cheering news! In the doors on, distinguished scientists who
ed with a robust smack-down of this at- same e-mail, Jones then suggests to Mann dared to dispute the politically ordained
tempt to falsify the historical record. How- that he has obtained legal advice that he AGW orthodoxy. With this kind of conever, before Mann was forced to retract does not have to comply with Freedom of trol, claims of overwhelming consensus
some of his most egregious statistical fal- Information (FOI) requests from other sci- become a self-fulfilling prophecy; consifications, he and his allies had managed entists to release data and codes underly- trary opinions are effectively barred from
to vilify many reputable scientists and ing his research claims.
publication in accepted peer-reviewed
Some of the e-mails seem to confirm literature. Besides Drs. Soon and Baliunas,
keep their sham going for several years. In
1998, astrophysicists Sallie Baliunas and concerns that Jones, Mann, et al., have other eminent scientists who are trashed or
Willie Soon of the Harvard-Smithsonian destroyed data that could expose their referred to crudely in the CRU e-mails inCenter for Astrophysics challenged the fraudulent methods. That appears to be clude Richard Lindzen; Hans Von Storch;
18

THE NEW AMERICAN January 4, 2010

Sonia Boehmer-Christianson; Patrick Michaels; Roger Pielke, Sr.; Robert Balling;


Fred Singer; and Tim Ball.
Huge government grants, impressive
computer models, and guaranteed headline stories from sympathetic activists in
the media have transformed climate scientists into celebrities and power brokers.
However, even with their super computer
programs, political connections, and prestigious awards, they still havent learned
how to predict the weather, let alone control it.
An amusing admission against interest
is this comment in an October 12, 2009
Climategate e-mail from Dr. Kevin Trenberth. He is stunned that not only have
temperatures not warmed as predicted, but
the temperatures have actually hit historic
lows in his area, contradicting the supposedly authoritative pronouncements of the
climate cartel. Trenberth comments:
Well I have my own article on where
the heck is global warming? We are
asking that here in Boulder [Colorado] where we have broken records
the past two days for the coldest days
on record.

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

Trenberth then goes on to admit:


The fact is that we cant account
for the lack of warming at the moment and it is a travesty that we
cant.
Not only did Trenberth, Jones,
Mann, et al., miss the current temperature downturn, but none of the
IPCCs highly praised computer
models foresaw the global mean
temperature decline of the past
decade. However, their inability to
explain away this enormous fact,
which Trenberth admits is travesty, has neither diminished the
cartels certitude nor dampened its
zeal for implementing a planetary
climate regime.

Ignore That Man


Behind the Curtain
For years, the IPCC climate cartel
has been using the Wizard of Oz
defense every time some Toto
pulls back the curtain to expose
the IPCCs secretive machinations
and its sanctimonious claims of
www.TheNewAmerican.com

19

Climate

Oops! The Dog Ate It


The climate cartel, it appears, has already
carried through on the data deletion threat.
Scientists at the University of East Anglia
CRU have admitted throwing out much of
the raw data on which their ominous predictions are based.
In a statement on its website, the CRU
said: We do not hold the original raw
data but only the value-added (quality
controlled and homogenised) data. What
happened to the original data? According
to the CRU, it was discarded back in the
1980s. What this means is that the original
CRU data cannot be checked or replicated,
which means that the graphs, research,
and predictions supposedly based on the
missing data is worthless. The available
value-added and homogenised data
would also then be worthless, since there
would be no way to verify or replicate it.
How many other data sets have likewise
been lost or accidentally deleted? We
may soon find out, as official investigations
and FOIA lawsuits progress. In the meantime, we are simply supposed to trust the
IPCC experts who say that we must invest trillions of dollars for mitigation and
reparation of past carbon consumption, as
well as for prevention of future warming.
IPCC vice-chairman Jean-Pascal van
Ypersele tried to minimize the significance of the e-mail scandal as the Copenhagen conference opened by claiming that
Climategate only pertains to one data set
out of many that confirm the serious peril
posed by anthropogenic global warming.
It doesnt change anything in the
IPCCs conclusions, said van Ypersele,
its only one line of evidence out of dozens of lines of evidence. This is the party
line echoed by most of the AGW alarmists

AP Images

CRU station data for years. If they


ever hear there is a Freedom of Information Act now in the UK, I think
Ill delete the file rather than send to
anyone.

Michel Jarraud, Secretary-General of the United Nations World Meteorological Organization, at


the December 2009 UN Climate Conference in Copenhagen, holds up a revised Hockey Stick
graph claiming to show the past decade was the warmest on record.

in government, media, and environmental


activist circles. Along with this corollary:
The skeptics (or deniers, shills) are
exploiting the e-mail controversy simply
to sabotage Copenhagen and distract the
scientists and politicians from the important work they must conclude there.
We mustnt be distracted by the behind-the-times, anti-science, flat-earth
climate sceptics, British Prime Minister
Gordon Brown told the Guardian. We
know the science. We know what we must
do. We must now act and seal the deal.
Browns Environmental Secretary, Ed
Miliband, was even more scathing, describing skeptics as dangerous and deceitful. The approach of the climate
saboteurs is to misuse data and mislead
people, he charged. Milibands accusations are especially audacious, inasmuch
as it is his alarmist camp, not the skeptics (or climate realists, as many prefer
to call themselves), that has been caught
red-handed misusing data. The skeptics
are playing politics with science in a dangerous and deceitful manner, Miliband
continued, then concluded with this
warning: There is no easy way out
of tackling climate change despite
Trenberth then goes on to admit:
what they would have us believe.
The fact is that we cant account for
The evidence is clear and the time
we have to act is short. To abandon
the lack of warming at the moment
this process now would lead to misand it is a travesty that we cant.
ery and catastrophe for millions.
According to van Ypersele, We
20

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

Your Total Office Solutions Provider

www.necs.biz 1-800-321-6327

CONSTITUTION CORNER

The Second Amendment,


The States, And The People
As the case McDonald v. City of Chicago, which will determine if States are allowed to
have gun control, wends its way to the Supreme Court, the issues are examined.

by Edwin Vieira, Jr.

mazing as it may seem, since ratification of the


Bill of Rights in 1791, the Supreme Court has
never provided a definitive statement as to whether, in the Justices opinions, the Second Amendment applies to the States as well as to the General Government.
Until now. For the Court has just agreed to hear McDonald
v. City of Chicago, in which finally that issue is squarely
presented. This case is being heralded as being of groundbreaking significance.
For among most contemporary judges, lawyers, and
members of the legal intelligentsia, the reach of the Second
Amendment passes for a controversial question; however,
both the original Constitution and the Second Amendment
made abundantly clear that the right of the people to keep
and bear Arms applies to every level of government, without exception, throughout the United States.
According to the resolution of the Congress that submitted the Bill of Rights to the States for ratification in 1789,
22

the first 10 Amendments to the Constitution


constituted further declaratory and restrictive clauses added in order to prevent misconstruction or abuse of its powers. In The
Federalist, No. 84, however, Alexander Hamilton argued that bills of rights ... are not only
unnecessary in the proposed Constitution but
would even be dangerous. They would contain various exceptions to powers which are
not granted; and, on this very account, would
afford a colorable pretext to claim more than
was granted.... The truth is ... that the Constitution is itself, in every rational sense, and to
every useful purpose, a bill of rights. In the
case of the right of the people to keep and
bear Arms, Hamilton was quite correct.
The Second Amendment provides that [a]
well regulated Militia, being necessary to the
security of a free State, the right of the people
to keep and bear Arms, shall not be infringed.
The Amendment did not purport to create, for
the first time in 1789, the right of the people to keep and
bear Arms, though. Instead, it recognized that rights prior
existence, in order to guarantee its future exercise. Indeed,
the original Constitution actually required both the General
Government and the States, not just to protect, but also affirmatively to promote, that exercise. This is because the
original Constitution incorporated within its federal structure the Militia of the several States.
Inasmuch as neither the original Constitution nor the
Second Amendment defined the term Militia, its meaning must be drawn from antecedent American law in
particular, from the great mass of pre-constitutional Colonial and State Militia statutes that regulated the Militia
of the Colonies and then the independent States from the
1600s through the late 1700s. Four salient principles of
the Militia derived from these statutes: First, the Militia
were State governmental institutions. Second, every ablebodied free male from 16 to 50 or 60 years of age had a
duty to serve in the Militia in some capacity. (Today, that
universal duty would extend to every able-bodied female
THE NEW AMERICAN January 4, 2010

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.

Solidified by the Second Amendment

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

Fourteenth Amendment Confusion

Right and duty: The Constitution commands the General Government


to provide for arming the militia of the States. Since the federal
government must arm States citizens, it is logical to conclude that
States may not rightfully disarm their citizens.

free State may undermine her own security especially


by infring[ing] the right of [her own] people which her own
supreme Law declares to be necessary to th[at] security
that right must be enforceable against each of the States.
Second, perhaps not every free State everywhere in the
world must be a Republican Form of Government; but every
Republican Form of Government in America must be a free
State. The Second Amendment declares that [a] well regulated
Militia is necessary to the security of a free State which
means that such a Militia is necessary to the security of a [Republican Form of Government]. [T]he right of the people to
keep and bear Arms, shall not be infringed because the actual
exercise of that right is one of the primary characteristics of [a]
well regulated Militia. Therefore, inasmuch as each State must
maintain herself as a Republican Form of Government, or be
compelled to comply with that requirement by the United States,
each State must guarantee the right of the people to keep and
bear Arms both within her own jurisdiction through her own
laws, and within the jurisdiction of every other State through her
participation in the General Government. That is, the Second
Amendment applies not just to each State individually, but even
to all of the States collectively.
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Many people who mistakenly accept or acquiesce in the doctrine


of Barron v. City of Baltimore believe that the Second Amendment can nevertheless be applied to the States through Section
1 of the 14th Amendment, which (in relevant part) provides that
[n]o State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United States; nor
shall any State deprive any person of life, liberty, or property,
without due process of law.
Effectively overruling the Supreme Courts erroneous decisions in Barron and Scott v. Sandford, 60 U.S. (19 Howard)
393 (1857), Section 1 (correctly construed) includes within the
privileges and immunities of citizens of the United States all of
the freedoms included in the Bill of Rights. See generally Crosskey, Politics and the Constitution, Volume 3, Chapter XXXI.
This is particularly obvious in the case of the Second Amendments right of the people to keep and bear Arms, inasmuch
as Chief Justice Taney opined in Scott that, if Negroes were citizens of the United States and thereby entitled to the privileges
and immunities of citizens ... it would give them the full liberty
of speech ...; to hold public meetings upon political affairs, and
to keep and carry arms wherever they went. 60 U.S. (19 Howard) at 416-417. (Emphasis added.) If Taney knew any sources
for these privileges and immunities other than the First and
Second Amendments, he failed to identify them.
Properly applied in this particular, the 14th Amendment
would be especially valuable, because it prohibits every State
from mak[ing] or enforc[ing] any law which shall abridge the
privileges or immunities of citizens. Now, a State can make
a law only within her own jurisdiction. But she can enforce
not only her own law[s], but also all valid law[s] enacted by
the General Government. See, e.g., Testa v. Katt, 330 U.S. 386
(1947). So, properly construed, the Amendment would preclude
the States, not simply from making and trying to enforce their
own invalid law[s], but also from participating in any manner
in the enforcement of each and every unconstitutional law of
the United States. Indeed, the Amendment would even require
the States to oppose within their own territories the attempted
enforcement of all such invalid law[s] by rogue agents of
the United States. Correctly understood, then, Section 1 of the
14th Amendment would provide a firm constitutional basis for
the doctrine and practice of interposition, through which the
States could protect their citizens from usurpation and tyranny at
the hands of rogue officials of the General Government.
Unfortunately, the Judiciary has made a thorough mish-mash
of the jurisprudence of the 14th Amendment. Notwithstanding the Amendments evident purpose and expansive power
to secure individuals fundamental freedoms from abridgment
by both the States and the General Government, the Supreme
Court has perversely but consistently misconstrued the privileges and immunities language so as to render it more or less
useless. See Crosskey, Politics and the Constitution, Volume
25

CONSTITUTION CORNER

news.navy.mil

Permitting only popguns: Since the General Government is required


to arm the militia for the purpose of possible military service, citizens
must be allowed to have guns of military utility.

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

declares, as a matter of constitutional fact and law that even


the Supreme Court cannot disregard let alone deny, that [a]
well regulated Militia is necessary to the security of a free
State the only place in the Constitution in which any establishment or organization is described as necessary for any
purpose and inasmuch as that Amendment directly links
the right of the people to keep and bear Arms with such
a Militia in a cause-and-effect relationship, then that right
must lie at the base of all our civil and political institutions,
because without it those institutions can have no lasting security. Similarly, for those reasons, the right of the people
to keep and bear Arms must be in the very forefront of the
inalienable rights of a citizen of [a free] government for
surely every citizen of [a free] government has the inalienable right[ ] and duty to defend it, and to expect his fellowcitizens and public officials to assist him in doing so. And
being a defining characteristic of [a] well regulated Militia,
which is itself necessary to the security of a free State, the
right of the people to keep and bear Arms must be, not only
implicit in the concept of ordered liberty, but withal necessary to achieve and preserve it.
So, even under the Supreme Courts misconceptions about
the 14th Amendment, the right of the people to keep and bear
Arms should be held applicable to the States.
Of course, one may wonder why, if the Second Amendments
application to the States is so patent, the Amendment has never
been so applied until now that is, why States gun-control
laws have never been challenged in the Supreme Court. The
answer is two-fold. First, during the entire 19th century and a
good part of the 20th, America suffered from no pervasive gun
control of the modern variety. For decades, most adult free
males were members of the Militia of the several States, and
therefore statutorily required to be armed. Many other Americans armed themselves voluntarily. No well-financed and politically influential pressure groups touting gun control existed.
Traditional conceptions of States rights to which Barron
v. City of Baltimore paid court were still widely held. And
limitations in various States laws on individuals rights to
keep and bear Arms often aimed solely at such narrow matters as concealed weapons, or were discriminatorily enforced
only against African-Americans and other minorities. Second,
judicial review of legislation has always been cumbersome and
slow, and particularly where constitutional issues are involved
depends upon precisely the right case coming up for review. As
gun controllers gained political power in both the General
Government and the States, though, and increasingly manifested
their intent to strip everyone outside of the Armed Forces and
police agencies of every aspect of the right ... to keep and bear
Arms, more and more Americans found themselves the victims or at least the targets of ever-more-invasive restrictions on
that right. In response, proponents of the Second Amendment
began actively to assert the right of the people to keep and bear
THE NEW AMERICAN January 4, 2010

Arms through litigation and lobbying for remedial legislation.


Under these circumstances, it was only a matter of time until
the conflict in the States between gun control and the Second
Amendment finally came to the fore judicially.

A Legislative Solution Preferable

Nonetheless, a great pitfall threatens any case such as McDonald


v. City of Chicago. For the Court could end up deciding that,
although the right of the people to keep and bear Arms does
apply to the States, it is merely a so-called individual right
disconnected from [a] well regulated Militia, and therefore
subject to whatever regulations of State and local governments judges and legislators may deem appropriate. Actually,
such a result is far more likely than not, in light of the mess the
Court made of the Second Amendment on the same grounds in
District of Columbia v. Heller. See Gun Rights on Trial, The
New American (September 1, 2008).
Notwithstanding that many patriots believe the notion of an
individual right to be correct, and even though it may provide
some protection for the right of the people to keep and bear
Arms in isolated instances, at base the notion that the Second
Amendment protects only an individual right is part and parcel of the strategy the enemies of ordered liberty are employing in order to deceive Americans so that they will not organize
themselves in the one and only way the Constitution itself tells
them is necessary to the security of a free State. First, these
miscreants contend that no real right of the people to keep and
bear Arms exists at all, but that public officials can impose

Even under the Supreme Courts misconceptions


about the 14th Amendment, the right of the
people to keep and bear Arms should be held
applicable to the States.

whatever gun controls they deem politically expedient. When


that argument meets too much political resistance, they concede
that such a right does exist, but that it is merely an individual
right related in some murky manner to personal self-defense
alone and, being merely an individual right alone, must
always yield to all reasonable regulations enacted in the service of compelling governmental interests, as public officials
define those terms. Which inevitably results in the transmogrification of a true right of the people to keep and bear Arms
into nothing more than a temporary license controlled by public
officials for their own purposes which returns the argument
to its starting point.
The purpose of this black propaganda, of course, is to prevent Americans from thinking through, and acting upon, the
constitutional directive that the preservation of a free State
absolutely depends upon the maintenance of [a] well regulated
Militia, and that the existence of [a] well regulated Militia absolutely depends upon the peoples permanent personal possession of firearms, ammunition, and necessary accoutrements
suitable for Militia service. This is hardly surprising. Aspiring
usurpers and tyrants expect that if the people
will not learn how to organize themselves for collective self-defense in times of domestic tranquillity, they will not be able to organize themselves
during the confusion and even terror of a major
social crisis, when time is short and actions must
be taken in the face of repression by the usurpers
and tyrants armed forces and para-militarized
police. Therefore, the success of usurpation and
tyranny depends upon keeping the people as
disorganized as possible for as long as possible.
This is why the Second Amendment declares
that [a] well regulated Militia is necessary
to the security of a free State, and why the
right of the people to keep and bear Arms must
be understood and exercised in that context. To
that end, the people need to be concerned less
with judicial protection of that right for a few
individuals here and there, and more with legislative enforcement of it, so that the Militia
of the several States each composed of the
body of the people, trained to arms become
Not minding the militias: After the Civil War, States militia activities slowly came to a
halt, prompting gun-control activists to claim that civilian gun-ownership rights have
the dominant political institutions through this
been negated.
country, just as the Constitution requires. n
www.TheNewAmerican.com

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

perhaps elected to the office of President


of the United States?
The GOP was soundly beaten in 06 and
again in 08, but there are signs of new
life in the old Party, and who better than
a youngish mom with battle scars to point
the way to a better tomorrow, to offer a Republican version of hope and change?
But before you shell out $28.99 at
your local bookstore, be advised if you
are looking for a hint or confirmation of
her future plans, you wont find it. The
conventional wisdom is she is already
running for the White House. That, more
than sexism, may be why Newsweek chose
the Runners World magazine shot of the
glamorous Palin posing in running shorts
for its cover of November 23. She is, like,
running, get it? The issue that followed
George Bushs win in the Iowa caucuses
in 1980 showed Poppy Bush out jogging. True he was wearing a sweat suit
instead of shorts, but who would want to
see Bushs legs, anyway?
So it seemed a bit chippy of Palin to object to the cover on the grounds of sexism,

especially since she describes her days as


a student athlete, making mention of the
liberating effect Title IX [had] on womens
sports. It might have been refreshing if, at
that juncture or later in the book, Governor
Palin would have pointed out something
that used to be a talking point for conservative Republicans: the role of the federal
government in elementary- and secondary-school education. Simply put, there
isnt one, constitutionally speaking. But
school districts, hooked on federal grant
money, are required to make athletic opportunities equally available to both (all?)
genders as well as students of all races,
religions, and ethnic derivations. So if not
enough girls come out for the high-school
wrestling team, then the school jolly well
better let the girls who do want to wrestle
get down on the mat and wrestle with the
boys. What does Sarah Palin, champion
of traditional family values, think of that?
Her book doesnt tell us.
The politically interested reader has to
ask himself: Do I know any more about
Sarah Palins political ambitions or core be29

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

bridge before she was against it and was


against it only after it had become a political embarrassment. Well, every Governor
lobbies for projects for her state, Palin
countered in a desperate, artless dodge.
But Gibson, to his credit, focused in on
the duplicity of pretending to have been
against it all along. Sometimes those doggone network news people, for all their
liberal biases, get it right.
During the campaign, Palin was ground
down by all the scripted answers, the talking points, all the orders from campaign
headquarters to say nothing and only to
the right people. Headquarters was risk
aversive and continually opposed to her
going rogue. Talk in platitudes, give
scripted non-answers, play it safe, and
dont forget to remind people youre a
maverick, just like John McCain.
That has essentially been the Republican strategy for the last 70-plus years. It
is the Republican Partys equivalent of the
NFLs prevent defense. If you employ
that strategy when you have a big lead,
there is a chance you might not blow all
of it.
Palin needs to do still more to break
away from the Party establishment and
show her own true grit. She could stop
listening to the foreign-policy experts
on the Council on Foreign Relations and
start reading Pat Buchanans books on
how America is following in the failed
footsteps of past empires. She could stop
exulting about how we are spreading democracy and building schools in Afghanistan and reflect on why civilians who
see their loved ones killed by unmanned
bombers in Afghanistan and Pakistan may
not see America as the shining city on a
hill. She could recall what Ron Paul said
about bridges and how we have been taxing the American people to bomb bridges
in Iraq and then taxing (or borrowing)
some more to rebuild those bridges.
Meanwhile our bridges here are
falling apart. She might recall
Pauls admonition that America should try leading by the
force of example, instead of
the example of force.
Okay, thats trite, too.
But it has the advantage
of being true. And it
doesnt take 413 pages
to say it. n
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THE GOODNESS OF AMERICA

Good News Garage


In this day and age, its probably safe to
say that a reliable car is pretty much a
necessity, especially for those who work
outside the home. For Kim Yacobucci
of Portsmouth, New Hampshire, that is
definitely the case. Yacobucci is a single
mother who not only has to commute to
work each weekday, but also has to commute an extra 120 miles a week to transport her son, Connor, to his living facility.
Connor has severe autism, mental retardation, and cerebral palsy; he requires 24hour care, so Yacobucci must take him to
a residential care center to live during the
workweek.
The trip would be tiresome even in a
trustworthy car, but Yacobucci had an
older car that not only had no heat (a serious problem in the New England winters), but was notoriously unreliable. I
got in and would cross my fingers and
pray it got me where I needed to go,
she told the November 24 Fosters Daily
Democrat of Portsmouth. Being unable
to afford a newer car, Yacobucci would
still be crossing her fingers if it werent
for the Good News Garage (GNG), which
supplied her with a new used car in
November.
According the GNG website, goodnewsgarage.org, Good News Garage
was founded in Vermont in 1996 by Hal
Colston, Lutheran Social Services, and
the Wheat Ridge Foundation to provide
safe, reliable and affordable transportation options to individuals and families in
need ... to help them move from welfare to
work. They have now expanded to Connecticut, Massachusetts, New Hampshire,
and Rhode Island.
Good News Garage collects donated
vehicles, which they repair and offer to
low-income individuals in need of reliable transportation. They maintain several
drop-off locations, and will also tow donated cars free of charge. As of last May,
the charity had collected, repaired, and
donated more than 3,200 cars throughout
the New England area.
The car that Yacobucci received was
a 2008 Chevy Impala with only 18,000
miles on it. In November, NASCAR team
owner Rick Hendrick donated $10,000
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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

Yousif in turn rewarded Welti with $100,


thus illustrating the maxim that what goes
around comes around.

Unsticking the Dog


One may not normally associate the occupation of wastewater mechanic with heroism, but on October 22 Mat Grabowski,
Louis Rivera, and Chris Nicoletti were
definitely heroes in the eyes of the Chadha
family of Union City, California. That was
the day that two of the Chadhas dogs,
Spike and Leo, escaped the confines of
their yard and headed off on an adventure.
They made it as far as the creek behind
their neighborhood.
As reported in the November 23, 2009
Oakland Tribune, Union City Sanitary
District mechanics Grabowski, Rivera,
and Nicoletti were working on a main
sewer line in the area when they noticed
the two dogs stranded in the chilly, swirling waters. The three men tried to coax
the canines to swim toward them, but the
smaller one, Leo, was stuck in the mud and
the larger, Spike, was faithfully standing
by his companion. Trying to protect Leo,
who could not move, Spike was growling
and barking to keep the rescuers at bay.
Poor Leo was sinking deeper and deeper into the mud, and his head was partially
under water already when the dogs owner,
Balvinder Chadha, who had been searching for the dogs for almost two hours, arrived at the creek. Chadha was able to lure
Spike toward himself and pull the pooch
out of the water. Realizing that Leo didnt
have much time, Grabowski tied a rope
around his waist and swam out to the dog.
He was able to extract Leo from the thick
mud, and Rivera and Nicoletti towed both
safely to shore.
Extremely grateful to the three workers for saving their cherished pets, the
Chadha family presented the men with a
giant homemade thank-you card, signed
with the pups paw prints. The tale was
summed up aptly by an article in the California Water Environment Associations
bulletin: Leave it to a Wastewater Mechanic to get something unstuck even
a puppy dog! n
Liana Stanley
33

HISTORY Past and Perspective

Forgotten Influences on the Founders


The Founding Fathers success at designing a Republic with safeguards to prevent citizens
loss of liberty and to prevent federal despotism was the result of others insights.
by Joe Wolverton II, J.D.

ur own Founding Fathers were


convinced, and history has proven them prescient, that they were
building a new and everlasting republic
that would do what other republics of the
ancient world had failed to do: survive the
effects of the maladies of self-government
and bequeath to the subsequent generations of Americans a sound and stable republic if they could keep it.
For the ingredients necessary to brew
the right antidote to the poisons of democracy and tyranny, the Founders drew
from several sources. From the recent
past, there was the English legacy of the
right of the people to the enjoyment of
certain unalienable rights such as trial
by jury and due process; there was the
legacy of ancient Greece and Rome that
citizens are and by rights should be entrusted with the power of self-determination; and there was the faculty of renown
34

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

avoid pitfalls that doomed the best-laid


plans of other equally earnest lawgivers. Their ideas forged a new way in the
wilderness of mans attempts to break
the shackles of tyranny and to take upon
himself the burden of self-restraint and
self-rule.
And it is from the study and debate of
the works of these Four Horsemen that
the Founding Fathers learned the keys
to ably maneuvering steadily and safely
among the traps and trials of establishing a system of government. The keys to
producing a government that at once was
powerful and dynamic enough to unite
distinct peoples and yet limited enough
to give sway to the noblest impulses of
its citizens was, first, the recognition of
the supremacy of natural law and the
fettering of the branches of government
through a system of checks and balances
and powers expressly enumerated in the
constitutional documents of the nation.
The first subject of this brief survey is
Algernon Sidney.

Algernon Sidney

Algernon Sidney (1623 1683) was the


son of Robert Sidney, the 2nd Earl of
Leicester. All extant evidence points towww.TheNewAmerican.com

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.

Samuel von Pufendorf

James
Madison

was a response to Patriarcha, an apology


of the divine right of absolute monarchy
written by Robert Filmer. Filmer argued
that the monarch was the father of the
people and that as such he had a divine
and unassailable right to rule as he saw fit.
The people, as the children of the monarch, thrived best when they were obedient
to the monarchs sovereign rule, according
to the philosophy of Filmer. Sidney refuted Filmer, pointing out that monarchs are
more apt to be despots than father figures.
His work was a classic in political theory
and a standard work in the canon of republicanism.
But Sidney did not argue in favor of taking up arms against the King. Rather, he
simply and without fear or favor reminded

the King that he was but one branch of the


mixed government so sagaciously supported by the wisdom of the ages. He reminded
his readers that Englishmen were freemen
and that the King was no more entitled to
deference than was the House of Lords or
the House of Commons.
That the people possessed basic rights
that could not be denied by a King was
not a new principle our Founding Fathers
discovered in the pages of Sidneys writings, for this was their inheritance as freeborn Englishmen, bequeathed to them in
the articles of the Magna Carta of 1215.
What they found in Sidney, however, was
a cogent near-poetical explication of the
import of this right:

Burlamaquis words and the spirit of


his explanations of the laws of man and
nature were digested and then quoted
liberally by James Madison, Thomas
Jefferson, and the like.
36

Those who have already


fallen into all that is odious, and shameful and
miserable, cannot justify
fear. Let the dangers
never be so great, there
is the possibility of safety while men have life,
hands, arms and courage
to use them but that peo-

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

Another brilliant thinker and author now


relegated to the lonely stacks of musty
libraries is Jean-Jacques Burlamaqui.
Burlamaqui was born on June 24, 1694
in Geneva, Switzerland. Burlamaqui was
familiar with the works of Pufendorf, as
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Emmerich
de Vattel

he was a disciple of Jean Barbeyrac, the


eminent editor of Hugo Grotius and Samuel von Pufendorf. His mentor encouraged
him to study the works of his contemporaries and adjust them to the world as he
sought fit. Burlamaqui dutifully followed
his masters advice and at the age of 25,
Burlamaquis skill in internalizing and cogently and coherently restating the theories of natural law was so advanced and
well regarded that he was appointed a professorship of ethics and the law of nature
at the University of Geneva.
Before assuming this distinguished
post, however, Burlamaqui traveled
throughout Europe seeking enlightenment
on these subjects from some of the greatest
lights alive. To his credit, Burlamaqui, for
all his notable achievements and skill, recognized that he would be of greater service
to his pupils and to the world at large if he
were to dedicate himself to the acquisition
of learning and insight from those more
advanced, well versed, and accomplished
than himself. This humility and clear
thinking would serve the young schoolman well as he set his feet on a course that
would bring him fame and respect from
scholars, thinkers, and most importantly,
American patriots.

Two of Burlamaquis works left an immense imprint on the minds of American


political thinkers who were to become
the architects of the worlds most enduring republic. James Madison, Thomas
Jefferson, and Alexander Hamilton all
considered Burlamaqui an example of remarkable clarity of thought and breadth of
understanding. Burlamaquis two influential books were Principles of Natural Law
(Principes du Droit Naturel), published
in 1747, and Principles of Political Law
(Principes du Droit Politique), published
posthumously in 1751. The learning and
admonitions set out in these books were
published to the world just in time to be
of significant influence on the education
of our Founding Fathers. Burlamaquis
words and the spirit of his explanations of
the laws of man and nature were digested
and then quoted liberally by James Madison, Thomas Jefferson, and the like. In
fact, all of our revered Founders eagerly
gleaned insight from the pages of Burlamaquis magnificent contribution to the
natural-law canon.
Of all Burlamaquis American students,
Thomas Jefferson was probably the most
devout. It was his reading and distillation
of Burlamaquis theories that inspired Jef37

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

The fourth of the Four Horsemen of


American liberty is Emmerich de Vattel.
Although last in this list of forgotten influences, it can be claimed, without exaggeration, that it is Vattels interpretations
and writings on the subject of the proper constitution of government that was
most influential on the Founders of the
American Republic. As a matter of fact,
Thomas Jefferson, indisputably one of the
lead framers of our nations government,
ranked Vattels seminal The Law of Nations, or the Principles of Natural Law as
highly as similar treatises by Grotius and
Pufendorf. Further proof of Vattels impression on the Founders is the fact that
Vattels interpretations of the law of nature
were cited more frequently than any other
writers on international law in cases heard
in the courts of the early United States,
and The Law of Nations was the primary
textbook on the subject in use in American
universities.
The Swiss-born Vattel learned to love
God from his father, a pastor in the Reformed Church. It was Vattels belief that
the law of nations was given to man by
God for their happiness. Vattel wrote that

Thomas
Jefferson

the best constitution was that constitution


founded most firmly on natural law and
least liable to be unmoored from it. Vattel stated, It is the constitution of a
state which determines its progress and
its aptitude to attain the ends of a society. These words were instructive to the
authors of the American Constitution and
encouraged them in the sometimes arduous struggle to frame a well-constructed
and long-lasting Constitution for the new
republic. They learned from the distinguished Vattel that if a country is to be
successful then it must begin as it means
to continue, built upon an unshakeable
foundation of natural law and separated
power.
As with many of the ancient historians and our
Of all Burlamaquis American students,
own Founding Fathers, Vattel recognized the insidious
Thomas Jefferson was probably the most
harm done to constitutions
devout. It was his reading and distillation
by those who weaken it from
the inside over time. James
of Burlamaquis theories that inspired
Madisons warning in this reJeffersons most famous phrase: life,
gard is oft quoted: I believe
there are more instances of
liberty, and the pursuit of happiness.
the abridgment of the free38

dom of the people by gradual and silent


encroachments of those in power than by
violent and sudden usurpations. Madison
undoubtedly believed this independently,
but he was certainly inspired by his reading in The Law of Nations wherein Vattel
admonished: The constitution and laws of
a state are rarely attacked from the front; it
is against secret and gradual attacks that a
nation must chiefly guard. In this instance
and many others, one can appreciate the
weight and value of Vattels theories on
those of our most illustrious thinkers.

Words of Wisdom

The lessons our Founders learned from


the wise men discussed in this article are
just as valuable for us, their political and
philosophical heirs. We must vigilantly
and zealously guard and treasure the republican government established by the
Constitution and the eternal principles of
natural law upon which it is built. Let us be
fervent and grateful protectors of liberty
and resist all attempts to wrest our government from us or from its firm foundations of popular sovereignty and the right
of self-determination. n
THE NEW AMERICAN January 4, 2010

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... 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.

Bankers Bear Arms


Politicians arent the only ones looking
into pistol permits. DailyFinance.com
reports that some of the top bankers in
the nation are preparing for the growing
fury aimed at them. The AOL money and
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finance site explains: Goldman Sachs


Group (GS) is at the focal point of the
American publics rage against Wall
Street and probably for good reason.
The firms former chief executives have
populated the highest echelons of American government, which has turned around
and given Goldman and its partner in
the current financial collapse American
International Group (AIG) billions of
dollars in taxpayer money. According
to Bloomberg news, as the time for yearend bonuses draws nearer, some execs are
worried that those rising tensions will boil
over into violence. Some senior Goldman
people have loaded up on firearms and are
now equipped to defend themselves in
anticipation of a populist uprising.

Advice for an Unfair Fight


Michael Rayburn, a 27-year veteran of
law enforcement, adjunct instructor at the
Smith & Wesson Academy, and author of
law-enforcement related books, wrote an
article entitled Even the Score: Going
Up Against Multiple Assailants that was
posted December 1 at HumanEvents.com.
Rayburn warns that in the majority of
cases involving criminal assaults, victims
will find themselves facing more than one
attacker. So what is his advice for how to
handle such a situation? Your first priority
is to move. Move to cover if possible. If
your cover is not within a couple of steps,
your best bet is to move laterally preferably to your gun (strong) side. Youll
want to shoot the closest person to you
first, no matter what weapon they possess.

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

EXERCISING THE RIGHT


data into a government database. This
includes any firearms-related information
your doctor has gleaned that can preclude you from owning firearms. Moreover, the special wellness and prevention would allow the government to
offer lower premiums to employers who
bribe their employees to live healthier lifestyles and nothing within the bill would
prohibit rabidly anti-gun HHS Secretary
Kathleen Sebelius from decreeing that no
guns is somehow healthier. These discounts can be anywhere up to 30 percent
by some estimates.
White House Communications Director Dan Pfeiffer was quick to respond to
Pratts criticism via the White House blog.
Its amazing that after so many months
debating health insurance reform, sometimes a myth we see being spread about
it can still surprise us. While Pfeiffer
quickly dismissed Pratts complaints as
off-base, others see a real danger posed to
gun owners by the administrations government takeover of healthcare.
David Kopel, author, attorney, and
well-known proponent of gun ownership,
explains in a post for the Volokh Conspiracy blog that the definition of wellness programs is extremely broad, and
the assertion that it is not broad enough to
encompass gun ownership appears to be
incorrect. Kopel explains in detail how
there is a lot of anti-gun research, most of
which he considers to be junk science,
that claims that gun ownership is a large
health risk for a family. The existence
of dozens of articles in public health and
medical journals would almost certainly
be enough for an anti-gun definition of
Wellness Program by the Dept. of Health
and Human Services. Kopel warns gunowning Americans that even though it is
politically unlikely that the government
would immediately take such anti-gun
steps, there is no guarantee that it might
not be pursued at some future date. But
since the Reid bill is intended to make permanent changes in American healthcare,
no one can predict what a HHS [Health
and Human Services] Secretary might do
in 10 or 30 years, when political calculations might be different. n
Patrick Krey
41

Ballooning Education Bill


ITEM: An MCT News Service article
in the Chicago Tribune for November 4
reported: During a speech in Madison, Wis., [President] Obama plugged
the federal governments $4.35 billion
Race to the Top program, which will soon
allot extra federal stimulus funds to states
based on the strength of the education reforms those states enact.
Quoting the President, the report continued: Were putting over $4 billion on
the table, four billion with a B, one of
the largest investments that the federal
government has ever made in education
reform, he said. But were not just handing it out to states because they want it.
Were not just handing it out based on
population. Its not just going through the
usual political formulas. Were challenging states to compete for it.
ITEM: In a December 4 editorial, headlined Michigan lawmakers must adopt
reforms to liberate schools, the Detroit
News commented: Michigans application for President Barack Obamas Race to
the Top competition for education grants is
due, and the state is one of just two in the
nation that is unprepared to apply. Whats
at risk: at least $500 million for public
schools desperate for cash. Brutal budget
cuts are projected for almost every district
in the state and this competitive federal
stimulus money would help buffer the impact on education. The Race to the Top
competition was designed to spur states
to undertake overdue education reforms
that will make the U.S. an economic and
education leader once again. The basic
requirements are that states hold educators accountable for the performance of
students and provide alternatives to failing
schools and teachers.
The push to beef up education attainment has been stalled, in large part, by the
states strongest teacher union, the Michigan Education Association (MEA), which
has cowed timid lawmakers.
ITEM: An opinion piece in the Wall Street
Journal for November 24 was written by
Harold E. Ford, Jr., chairman of the Democratic National Leadership Council; Louis
42

Gerstner, Jr., former chairman of IBM and


former chairman of the Teaching Commission; and Eli Broad, founder of the Broad
Foundations. They wrote: Competition
among the states is also vital to reform. The
administration is resisting the temptation to
award funds to as many states as possible.
And thats good. To be effective, Race to
the Top funds cannot become a democratic
handout. Competition brings out the best
performance. Thats true in athletics and in
business, and its true in education.
CORRECTION: A lot of lip service gets
paid to the value of competition in education, coming from those with both liberal
and conservative reputations. Most of it is
double-talk and empty rhetoric.
Unmentioned of course is that education
is not the proper responsibility of the federal
government. Under the Constitution, there
is no authority for the Congress to fund or
operate schools, or for lawmakers to set up
an educational bureaucracy to regulate educational standards, curriculum, and policies
of school systems. This was long and rightly handled at the state and local levels of
government. States could really compete if
they ran and funded their own programs
or, better still, many champions of liberty
believe, they could phase out involvement

in education and allow private education to


flourish. Indeed, overall results have fallen
the deeper the feds have gotten into education and our pockets.
However, the Department of Education
whose very existence represented a political payoff by President Jimmy Carter
to the National Education Association
pays little heed to such matters as the
Constitution. Most legislators also consider paying attention to such matters to
be quaint and outmoded.
Theres also a tendency among many of
those with a conservative bent to think that
anything opposed by teachers unions must
be worthy of their support. Not necessarily. Just because some union leaders dont
want their members to be held accountable
doesnt mean that swallowing the federal
governments latest big-spending panacea
is an apt remedy. Chucking more federal
taxes at state education monopolies because they fill out the proper forms and
jump through certain bureaucratic hoops
is not a formula for success. Yet state officials prefer to pretend that this is free
money and disregard the fact that federal
monies always have strings attached.
The Race to the Top program is yet another federal scheme to bribe taxpayers
THE NEW AMERICAN January 4, 2010

with their own money. Unfortunately, state


governments eager to receive handouts
from Washington prefer to beg at the federal table for scraps rather than try to raise
necessary monies directly. Nevertheless,
the United States will not achieve educational excellence by having Washington
spend more money. If merely shoveling
out dollars did the job, the country would
be well-nigh full of geniuses considering that the federal government has
splurged almost $2 trillion on federal education programs since 1965.
And there are still those who claim
there is not enough being spent on public
schooling. This is simply untrue. Consider the most recent federal data available,
employing inflation-adjusted, per-pupil
spending, public-school expenditures almost doubled between the 1975-1976 and
2005-2006 school years. Was this just because there were more pupils? Nope. In
1990, there were 9.2 students per publicschool employee. By 2006, that number
had dropped to 8 students per employee.
Not surprisingly, having more education
employees didnt translate into a comparable increase in achievement.
Washington has already squandered
$100 billion or so on education in Presiwww.TheNewAmerican.com

dent Obamas so-called stimulus package,


but that just whet the appetite of the establishment that wants to set standards and
curricula for every school in the nation. The
bureaucratic track record strongly suggests
that more of its top-down national standards
will come to a bad end. As pointed out by
the Wall Street Journal, Between 1970 and
2004, per-pupil outlays more than doubled
in real terms, and the federal portion of
that spending nearly tripled. Yet reading
scores on national standardized tests have
remained relatively flat.
To be sure, real competition frequently
does bring out the best. But Michael Phelps
did not win his gold medals because a Department of Swimming concocted a Race
to the End of the Pool program.
Writing in the New York Daily News,
Andrew Coulson observed that, Cell
phone makers have not relentlessly improved their products because of national mandates. Theyve done it to attract
customers away from their competitors.
Amazon did not diversify its business and
create the Kindle because a consortium of
Internet vendors demanded it, but because
Amazon sought to beat its competition.
The author of the study Comparing Public, Private, and Market Schools, Coulson
continued:
At the dawn of the 21st century,
three quarters of American children
are still assigned to schools based
on where they live, by bureaucrats
who have never met them. Stellar
public schools cannot grow and take
over less successful ones. Ineffective
public schools have little fear of losing students to competitors because
they have no real competitors they
enjoy a monopoly on $12,000 per
pupil in public spending.
I published a paper in the Journal
of School Choice collecting every
scientific study I could find comparing public and private school outcomes. These scores of findings span
the globe and cover everything from
academic achievement and cost-effectiveness to parental satisfaction.
And they favor competitive market

school systems over state-run monopolies by a margin of 15 to 1.


The competition said to be so beloved (see
above) by Messrs. Ford, Broad, and Gerstner attracted the attention of Neal McCluskey, who recalled, for example, a previous
Wall Street Journal piece by Gerstner. In
that December 2008 article, McCluskey
observed, Gerstner declared that the nation should have just 70 school districts
(versus about 15,000 today and 130,000
in the late 1920s), national academic standards and tests, and a longer school year.
In other words, exactly the kind of centralization that has proven a total disaster for
decades only on steroids!
McCluskey, who is associate director of
the Cato Institutes Center for Educational
Freedom, is no fan of Race to the Top, for
good reason. As he noted of this supposed
incentive, The money is a one-shot deal
once paper promises are accepted and
the money delivered, its over. He went on:
Mostly this plan, while not requiring
any real reform, pushes an unprecedented centralization of education
power. It calls for state data systems to
track students from pre-kindergarten
to college graduation. It calls for states
to sign onto common meaning
federal standards. It tries to dictate
state budgets. In other words, it does
exactly whats been wrong with American education for decades: centralize
power in the hands of ever more distant, unaccountable bureaucrats rather
than leaving it with the communities,
and especially parents, the schools are
supposed to serve.
There is little that is new about this race
being pushed by the Department of Education and White House except the number
of tax dollars that will be scattered from
Washington. The spendthrift politicians
and all-too-amenable federal bureaucrats
are just trying to keep the greenbacks flowing effortlessly into the pockets of their
allies while they disguise the truth: True
education is not received, it is achieved. n
William P. Hoar
43

THE LAST WORD


by John

F. McManus

Fed Backers Seek Power More Than Wealth

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

before by Rothschild. Quigley


then offered: This system was
to be controlled in a feudalistic
fashion by the central banks of
the world acting in concert, by
secret agreements arrived at in
frequent private meetings and
conferences.
Central banks of other nations would act in concert.
Didnt the Fed rescue some
European banks when the economic crisis hit? As for the secret agreements arrived at in
Ron
frequent private meetings and
Paul
conferences, isnt this what
goes on at the Bilderberg conferences; Council on Foreign
Relations and Trilateral Commission meetings; annual sessions
in Davos, Switzerland; and elsewhere? While no participant at
these closed-door powwows is poor, the goal of the movements
into which they have immersed themselves has always been
power more than personal wealth.
John Birch Society founder Robert Welch knew well the true
purpose of the Federal Reserve. In a statement he wrote in 1972,
he scornfully dismissed the attitude held by some that the goal
of the conspirators who foisted the Fed on America was simply
money. What all of these Insiders were after was not money but
power, he insisted. And he continued, They were even careful
to plan the whole arrangement so that the bulk of any commercial
profit made by the Federal Reserve would go to the federal government as a coverup for their nefarious intentions.
Congressman Ron Paul has earned the thanks of all true
Americans with his efforts to combat the Fed not only to have
it audited but also eventually to have it abolished. His Audit
the Fed proposal in the current Congress has been inserted into
a measure calling for broad new financial regulatory powers.
Because he strongly disapproves of this addition to the federal
governments meddling where it doesnt belong, he has indicated he wont vote for the measure. I will not vote for something thats a disaster because one or two or five percent of it is
an improvement, he stated. It may yet pass, and there may be
some movement toward an audit.
But his calling attention to the power of the Fed, and his successful gathering of 317 cosponsors of his audit measure in the
House, has already created a huge awakening about the Fed
among millions of Americans. All freedom-loving Americans
should continue to alert fellow citizens about the power and
overall purpose of the Fed so that it will soon be properly audited and eventually abolished. Stressing that power is its goal, not
money, should help to stimulate many to make this extremely
important campaign succeed. n
THE NEW AMERICAN January 4, 2010

Clouds Over America 2


What will it take to return to the Constitution?

The Clouds Over America 2 conference will be held Friday,


January 22nd & Saturday, January 23rd, in Oklahoma City, Oklahoma.
This conference is designed to educate and motivate citizens to restore our nation. Biblical truth and reestablishing respect for the
United States Constitution can be accomplished through education, organization, and commitment. The conference begins Friday at 1:30
p.m. The afternoon session concludes at 6:00 p.m. The dinner session lasts from 6:30 p.m. until 9:00 p.m. Breakfast is available Saturday
morning for $8.00. Saturday's session begins at 8:45 a.m. and concludes at noon. Room accommodations are available at the Character
Conference Center, 520 West Main St., Oklahoma City, OK. 405-526-0001. For tickets make checks payable to Oklahoma Projects and mail
to 415 West 15th St. Suite 2, Edmond, OK 73013

Pastor Paul Blair


Hate-crimes
Legislation

Rep. Charles Key


State Sovereignty
Efforts

John F. McManus
History of the
Opposition

Rep. Mike Ritze, MD


Medical Care
Solutions

Dr. Everett Piper


Today's Culture War

Art Thompson
Growing the
Movement

Pastor Stephen Broden


Restoring America &
the Progressive Agenda

Art Crino
Stopping Cap & Trade
in Oregon

Pastor Dan Fisher


Liberty & the Black
Regiment

Dr. Sterling Lacy


Religious Neutralism

Charlie Meadows
Education & Solutions

Rep. Jason Murphey


Reducing Government

Total combined cost for afternoon and morning sessions: Adults $25 Couples $40 Students $10
Dinner and dinner session $25 per person

For information phone 405-348-9991

Conference cosponsored by Reclaiming Oklahoma for Christ and the Oklahoma Chapters of The John Birch Society

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