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Archive for November, 2010

The Constitution And The Presidency

Monday, November 22nd, 2010

This is a great speech by one of our great conservative politicians.

The Presidency and the Constitution

MIKE PENCE graduated from Hanover College in 1981 and earned his J.D. from Indiana University School of Law in 1986. After running for Congress in 1988 and 1990, he was named president of the Indiana Policy Review Commission, a state think tank based in Fort Wayne, Indiana, in 1991. He was first elected to Congress from Indiana’s 6th District in 2000 and was most recently elected to a fifth term in 2008. That same year he was elected to serve as House Republican Conference Chairman. During the 109th Congress, he also served as chairman of the House Republican Study Committee, the largest caucus in the House of Representatives.

The following is adapted from a speech delivered on the Hillsdale College campus on September 20, 2010.

THE PRESIDENCY is the most visible thread that runs through the tapestry of the American government. More often than not, for good or for ill, it sets the tone for the other branches and spurs the expectations of the people. Its powers are vast and consequential, its requirements impossible for mortals to fulfill without humility and insistent attention to its purpose as set forth in the Constitution of the United States.

Isn’t it amazing, given the great and momentous nature of the office, that those who seek it seldom pause to consider what they are seeking? Rather, unconstrained by principle or reflection, there is a mad rush toward something that, once its powers are seized, the new president can wield as an instrument with which to transform the nation and the people according to his highest aspirations.

But, other than in a crisis of the house divided, the presidency is neither fit nor intended to be such an instrument. When it is made that, the country sustains a wound, and cries out justly and indignantly. And what the nation says is the theme of this address. What it says—informed by its long history, impelled by the laws of nature and nature’s God—is that we as a people are not to be ruled and not to be commanded. It says that the president should never forget this; that he has not risen above us, but is merely one of us, chosen by ballot, dismissed after his term, tasked not to transform and work his will upon us, but to bear the weight of decision and to carry out faithfully the design laid down in the Constitution in accordance with the Declaration of Independence.

* * *

The presidency must adhere to its definition as expressed in the Constitution, and to conduct defined over time and by tradition. While the powers of the office have enlarged, along with those of the legislature and the judiciary, the framework of the government was intended to restrict abuses common to classical empires and to the regal states of the 18th century.

Without proper adherence to the role contemplated in the Constitution for the presidency, the checks and balances in the constitutional plan become weakened. This has been most obvious in recent years when the three branches of government have been subject to the tutelage of a single party. Under either party, presidents have often forgotten that they are intended to restrain the Congress at times, and that the Congress is independent of their desires. And thus fused in unholy unity, the political class has raged forward in a drunken expansion of powers and prerogatives, mistakenly assuming that to exercise power is by default to do good.

Even the simplest among us knows that this is not so. Power is an instrument of fatal consequence. It is confined no more readily than quicksilver, and escapes good intentions as easily as air flows through mesh. Therefore, those who are entrusted with it must educate themselves in self-restraint. A republic is about limitation, and for good reason, because we are mortal and our actions are imperfect.

The tragedy of presidential decision is that even with the best choice, some, perhaps many, will be left behind, and some, perhaps many, may die. Because of this, a true statesman lives continuously with what Churchill called “stress of soul.” He may give to Paul, but only because he robs Peter. And that is why you must always be wary of a president who seems to float upon his own greatness. For all greatness is tempered by mortality, every soul is equal, and distinctions among men cannot be owned; they are on loan from God, who takes them back and evens accounts at the end.

It is a tragedy indeed that new generations taking office attribute failures in governance to insufficient power, and seek more of it. In the judiciary, this has seldom been better expressed than by Justice Thurgood Marshall, who said: “You do what you think is right and let the law catch up.” In the Congress, it presents itself in massive legislation, acts and codes thousands of pages long and so monstrously over-complicated that no human being can read through them—much less understand them, much less apply them justly to a people that increasingly feel like they are no longer being asked, but rather told. Our nation finds itself in the position of a dog whose duty it is not to ask why—because the “why” is too elevated for his nature—but simply to obey.

America is not a dog, and does not require a “because-I-said-so” jurisprudence; or legislators who knit laws of such insulting complexity that they are heavier than chains; or a president who acts like, speaks like, and is received as a king.

The president is not our teacher, our tutor, our guide or ruler. He does not command us; we command him. We serve neither him nor his vision. It is not his job or his prerogative to redefine custom, law, and beliefs; to appropriate industries; to seize the country, as it were, by the shoulders or by the throat so as to impose by force of theatrical charisma his justice upon 300 million others. It is neither his job nor his prerogative to shift the power of decision away from them, and to him and the acolytes of his choosing.

Is my characterization of unprecedented presumption incorrect? Listen to the words of the leader of President Obama’s transition team and perhaps his next chief-of-staff: “It’s important that President-Elect Obama is prepared to really take power and begin to rule day one.” Or, more recently, the latest presidential appointment to avoid confirmation by the Senate—the new head of the Consumer Financial Protection Bureau—who wrote last Friday: “President Obama understands the importance of leveling the playing field again.”

“Take power. . .rule. . .leveling.” Though it is the model now, this has never been and should never again be the model of the presidency or the character of the American president. No one can say this too strongly, and no one can say it enough until it is remedied. We are not subjects; we are citizens. We fought a war so that we do not have to treat even kings like kings, and—if I may remind you—we won that war. Since then, the principle of royalty has, in this country, been inoperative. Who is better suited or more required to exemplify this conviction, in word and deed, than the President of the United States?

* * *

The powers of the presidency are extraordinary and necessarily great, and great presidents treat them sparingly. For example, it is not the president’s job to manipulate the nation’s youth for the sake of his agenda or his party. They are a potent political force when massed by the social network to which they are permanently attached. But if the president has their true interests at heart he will neither flatter them nor let them adore him, for in flattery is condescension and in adoration is direction, and youth is neither seasoned nor tested enough to direct a nation. Nor should it be the president’s business to presume to direct them. It is difficult enough to do right by one’s own children. No one can be the father of a whole continent’s youth.

Is the president, therefore, expected to turn away from this and other easy advantage? Yes. Like Harry Truman, who went to bed before the result on election night, he must know when to withdraw, to hold back, and to forgo attention, publicity, or advantage.

There is no finer, more moving, or more profound understanding of the nature of the presidency and the command of humility placed upon it than that expressed by President Coolidge. He, like Lincoln, lost a child while he was president, a son of sixteen. “The day I became president,” Coolidge wrote, “he had just started to work in a tobacco field. When one of his fellow laborers said to him, ‘If my father was president I would not work in a tobacco field,’ Calvin replied, ‘If my father were your father you would.’” His admiration for the boy was obvious.

Young Calvin contracted blood poisoning from an incident on the South Lawn of the White House. Coolidge wrote, “What might have happened to him under other circumstances we do not know, but if I had not been president. . . .” And then he continued,

“In his suffering he was asking me to make him well. I could not. When he went, the power and glory of the Presidency went with him.”

A sensibility such as this, and not power, is the source of presidential dignity, and must be restored. It depends entirely upon character, self-discipline, and an understanding of the fundamental principles that underlie not only the republic, but life itself. It communicates that the president feels the gravity of his office and is willing to sacrifice himself; that his eye is not upon his own prospects but on the storm of history, through which he must navigate with the specific powers accorded to him and the limitations placed on those powers both by man and by God.

* * *

The modern presidency has drifted far from the great strength and illumination of its source: the Constitution as given life by the Declaration of Independence, the greatest political document ever written. The Constitution—terse, sober, and specific—does not, except by implication, address the president’s demeanor. But this we can read in the best qualities of the founding generation, which we would do well to imitate. In the Capitol Rotunda are heroic paintings of the signing of the Declaration of Independence, the victory at Saratoga, the victory at Yorktown, and—something seldom seen in history—a general, the leader of an armed rebellion, resigning his commission and surrendering his army to a new democracy. Upon hearing from Benjamin West that George Washington, having won the war and been urged by some to use the army to make himself king, would instead return to his farm, King George III said: “If he does that, he will be the greatest man in the world.” He did, and he was.

To aspire to such virtue and self-restraint would in a sense be difficult, but in another sense it should be easy—difficult because it would be demanding and ideal, and easy because it is the right thing to do and the rewards are immediately self-evident.

A president who slights the Constitution is like a rider who hates his horse: he will be thrown, and the nation along with him. The president solemnly swears to preserve, protect, and defend the Constitution. He does not solemnly swear to ignore, overlook, supplement, or reinterpret it. Other than in a crisis of existence, such as the Civil War, amendment should be the sole means of circumventing the Constitution. For if a president joins the powers of his office to his own willful interpretation, he steps away from a government of laws and toward a government of men.

Is the Constitution a fluctuating and inconstant document, a collection of suggestions whose purpose is to stimulate debate in a future to which the Founders were necessarily blind? Progressives tell us that even the Framers themselves could not reach agreement in its regard. But they did agree upon it. And they wrote it down. And they signed it. And they lived by it. Its words are unchanging and unchangeable except, again, by amendment. There is no allowance for a president to override it according to his supposed superior conception. Why is this good? It is good because the sun will burn out, the Ohio River will flow backwards, and the cow will jump over the moon 10,000 times before any modern president’s conception is superior to that of the Founders of this nation.

Would it be such a great surprise that a good part of the political strife of our times is because one president after another, rather than keeping faith with it, argues with the document he is supposed to live by? This discontent will only be calmed by returning the presidency to the nation’s first principles. The Constitution and the Declaration should be on a president’s mind all the time, as the prism through which the light of all question of governance passes. Though we have—sometimes gradually, sometimes radically—moved away from this, we can move back to it. And who better than the president to restore this wholesome devotion to limited government?

* * *

And as the president returns to the consistent application of the principles in the Constitution, he will also ensure fiscal responsibility and prosperity. Who is better suited, with his executive and veto powers, to carry over the duty of self-restraint and discipline to the idea of fiscal solvency? When the president restrains government spending, leaving room for the American people to enjoy the fruits of their labor, growth is inevitable. As Senator Robert Taft wrote: “Liberty has been the key to our progress in the past and is the key to our progress in the future…. If we can preserve liberty in all its essentials, there is no limit to the future of the American people.”

Whereas the president must be cautious, dutiful, and deferential at home, his character must change abroad. Were he to ask for a primer on how to act in relation to other states, which no holder of the office has needed to this point, and were that primer to be written by the American people, whether of 1776 or 2010, you can be confident that it would contain the following instructions:

You do not bow to kings. Outside our shores, the President of the United States of America bows to no man. When in foreign lands, you do not criticize your own country. You do not argue the case against the United States, but the case for it. You do not apologize to the enemies of the United States. Should you be confused, a country, people, or region that harbors, shelters, supports, encourages, or cheers attacks upon our country or the slaughter of our friends and families are enemies of the United States. And, to repeat, you do not apologize to them.

Closely related to this, and perhaps the least ambiguous of the president’s complex responsibilities, is his duty as commander-in-chief of the military. In this regard there is a very simple rule, unknown to some presidents regardless of party: If, after careful determination, intense stress of soul, and the deepest prayer, you go to war, then, having gone to war, you go to war to win. You do not cast away American lives, or those of the innocent noncombatant enemy, upon a theory, a gambit, or a notion. And if the politics of your own election or of your party intrude upon your decisions for even an instant—there are no words for this.

More commonplace, but hardly less important, are other expectations of the president in this regard. He must not stint on the equipment and provisioning of the armed forces, and if he errs it must be not on the side of scarcity but of surplus. And he must be the guardian of his troops, taking every step to avoid the loss of even a single life.

The American soldier is as precious as the closest of your kin—because he is your kin, and for his sake the president must, in effect, say to the Congress and to the people: ÒI am the Commander-in-Chief. It is my sacred duty to defend the United States, and to give our soldiers what they need to complete the mission and come home safe, whatever the cost.Ó

If, in fulfilling this duty, the president wavers, he will have betrayed his office, for this is not a policy, it is probity. It is written on the blood-soaked ground of Saratoga, Yorktown, Antietam, Cold Harbor, the Marne, Guadalcanal, the Pointe du Hoc, the Chosin Reservoir, Khe Sanh, Iraq, Afghanistan, and a thousand other places in our history, in lessons repeated over and over again.

* * *

The presidency, a great and complex subject upon which I have only touched, has become symbolic of overreaching. There are many truths that we have been frightened to tell or face. If we run from them, they will catch us with our backs turned and pull us down. Better that we should not flee but rather stop and look them in the eye.

What might our forebears say to us, knowing what they knew, and having done what they did? I have no doubt that they would tell us to channel our passions, speak the truth and do what is right, slowly and with resolution; to work calmly, steadily and without animus or fear; to be like a rock in the tide, let the water tumble about us, and be firm and unashamed in our love of country.

I see us like those in Philadelphia in 1776. Danger all around, but a fresh chapter, ready to begin, uncorrupted, with great possibilities and—inexplicably, perhaps miraculously—the way is clearing ahead. I have never doubted that Providence can appear in history like the sun emerging from behind the clouds, if only as a reward for adherence to first principles. As Winston Churchill said in a speech to Congress on December 26, 1941: “He must indeed have a blind soul who cannot see that some great purpose and design is being worked out here below, of which we have the honor to be the faithful servants.”

As Americans, we inherit what Lincoln in his First Inaugural called “the mystic chords of memory stretching from every patriot grave.” They bind us to the great and the humble, the known and the unknown of Americans past—and if I hear them clearly, what they say is that although we may have strayed, we have not strayed too far to return, for we are their descendants. We can still astound the world with justice, reason and strength. I know this is true, but even if it was not we could not in decency stand down, if only for our debt to history. We owe a debt to those who came before, who did great things, and suffered more than we suffer, and gave more than we give, and pledged their lives, their fortunes, and their sacred honor for us, whom they did not know. For we “drink from wells we did not dig” and are “warmed by fires we did not build,” and so we must be faithful in our time as they were in theirs.

Many great generations are gone, but by the character and memory of their existence they forbid us to despair of the republic. I see them crossing the prairies in the sun and wind. I see their faces looking out from steel mills and coal mines, and immigrant ships crawling into the harbors at dawn. I see them at war, at work and at peace. I see them, long departed, looking into the camera, with hopeful and sad eyes. And I see them embracing their children, who became us. They are our family and our blood, and we cannot desert them. In spirit, all of them come down to all of us, in a connection that, out of love, we cannot betray.

They are silent now and forever, but from the eternal silence of every patriot grave there is yet an echo that says, “It is not too late; keep faith with us, keep faith with God, and do not, do not ever despair of the republic.”

Copyright © 2010 Hillsdale College. The opinions expressed in Imprimis are not necessarily the views of Hillsdale College. Permission to reprint in whole or in part is hereby granted, provided the following credit line is used: “Reprinted by permission from Imprimis, a publication of Hillsdale College.” SUBSCRIPTION FREE UPON REQUEST. ISSN 0277-8432. Imprimis trademark registered in U.S. Patent and Trade Office #1563325.

Life In The TS Of A

Monday, November 22nd, 2010

This is a superb article about our national malaise.

Life in the T.S. of A.
By George F. Will
Sunday, November 21, 2010
About the writer

George F. Will is a columnist for The Washington Post and Newsweek. He can be reached via e-mail.

WASHINGTON

Fifty years ago William F. Buckley wrote a memorable complaint about the fact that Americans do not complain enough. His point, like most of the points he made during his well-lived life, is, unfortunately, more pertinent than ever.

Were he still with us he would favor awarding the Presidential Medal of Freedom, which he received in 1991, to John Tyner, who, when attempting to board a plane in San Diego, was provoked by some Transportation Security Administration personnel.

When Buckley was asked how he came up with topics for three columns a week, he jauntily replied that the world annoyed him that frequently. The fecundity of the world as an irritant was on display one winter evening in 1960 when Buckley found himself in an insufferably hot car on a New Haven Railroad commuter train from Grand Central Terminal to his Stamford, Conn., home. Everyone was acutely uncomfortable; no one was complaining.

“In a more virile age, I thought, the passengers would have seized the conductor and strapped him down on a seat over the radiator to share the fate of his patrons.” But he had “nonchalantly walked down the gauntlet of 80 sweating American freemen, and not one of them had asked him to explain why the passengers in that car had been consigned to suffer.”

Buckley, who was gifted at discerning the metaphysical significance of the quotidian, thought he saw civilization tottering on its pedestal. He was not mistaken:

“It isn’t just the commuters, whom we have come to visualize as a supine breed who have got onto the trick of suspending their sensory faculties twice a day while they submit to the creeping dissolution of the railroad industry. It isn’t just they who have given up trying to rectify irrational vexations. It is the American people everywhere.”

Happily, not quite everywhere today. Not anywhere where Tyners are.

When TSA personnel began looking for weapons of mass destruction in Tyner’s underpants, he objected to having his groin patted. A TSA functionary, determined to do his duty pitilessly — his duty is to administer the latest (but surely not the last) wrinkle in the government’s ever-intensifying protection of us — said: “If you’re not comfortable with that, we can escort you back out and you don’t have to fly today.”

Tyner: “I don’t understand how a sexual assault can be made a condition of my flying.”

TSA: “This is not considered a sexual assault.”

Tyner: “It would be if you weren’t the government. …”

TSA: “Upon buying your ticket you gave up a lot of rights.”

Oh? John Locke, call your office.

The theory — perhaps by now it seems like a quaint anachronism — on which the nation was founded is, or was: Government is instituted to protect pre-existing natural rights essential to the pursuit of happiness. Today, that pursuit often requires flying, which sometimes involves the wanding of 3-year-olds and their equally suspect teddy bears.

What the TSA is doing is mostly security theater, a pageant to reassure passengers that flying is safe. Reassurance is necessary if commerce is going to flourish — and if we are going to get to grandma’s house on Thursday to give thanks for the Pilgrims and for freedom.

If grandma is coming to our house, she may be wanded while barefoot at the airport because democracy — or the Equal Protection Clause of the 14th Amendment; anyway, something — requires the amiable nonsense of pretending that no one has the foggiest idea what an actual potential terrorist might look like.

But enough, already. Enough trivializing important values — e.g., air safety — by monomaniacal attempts to maximize them. Disproportion is the common denominator of almost all of life’s absurdities. Automobile safety is important. But attempting to maximize it would begin (but by no means end) with forbidding left turns.

Bureaucracies try to maximize their missions. They can’t help themselves. Adult supervision is required to stand athwart this tendency, yelling “Stop!”

Again, Buckley: “Every year, whether the Republican or the Democratic Party is in office, more and more power drains away from the individual to feed vast reservoirs in far-off places; and we have less and less say about the shape of events which shape our future.”

The average American has regular contact with the federal government at three points — the IRS, the post office and the TSA. Start with that fact if you are formulating a unified field theory to explain the public’s current political mood.

TSA And Sympathy For The Holidays

Monday, November 22nd, 2010

If you don’t want to pass through an airport scanner that allows security agents to see an image of your naked body or to undergo the alternative, a thorough manual search, you might  have to find another way to travel this holiday season.

The Transportation Security Administration (TSA) is warning that any would-be commercial airline passenger who enters an airport checkpoint and then refuses to undergo the method of inspection designated by TSA will not be allowed to fly and also will not be permitted to simply leave the airport.

That person will have to remain on the premises to be questioned by the TSA and possibly by local law enforcement. Anyone refusing faces fines up to $11,000 and possible arrest.

“Once a person submits to the screening process, they can not just decide to leave that process,” says Sari Koshetz, regional TSA spokesperson, based in Miami.

Thus, we are losing our liberty and the terrorists are winning. Political correctness uber alles while the Islamic fascists laugh and chortle at our stupidities. Well done TSA.

Obama Through A British Lens

Monday, November 22nd, 2010

This is an interesting article from The London Daily Telegraph Editor On Foreign Relations

“Let me be clear: I’m not normally in favor of boycotts, and I love the American people.  I holiday in their country regularly, and hate the tedious snobby sneers against the United States.  But the American people chose to elect an idiot who seems hell bent on insulting their allies, and something must be done to stop Obama’s reckless foreign policy, before he does the dirty on his allies on every issue.”

One of the most poorly kept secrets in Washington is President Obama’s animosity toward Great Britain, presumably because of what he regards as its sins while ruling Kenya (1895-1963).

One of Barack Hussein Obama’s first acts as president was to return to Britain a bust of Winston Churchill that had graced the Oval Office since 9/11.  He followed this up by denying Prime Minister Gordon Brown, on his first state visit, the usual joint press conference with flags.

The president was “too tired” to grant the leader of America’s closest ally a proper welcome, his aides told British journalists.

Mr. Obama followed this up with cheesy gifts for Mr. Brown and the Queen. Columnist Ian Martin described his behavior as “rudeness personified.” There was more rudeness in store for Mr. Brown at the opening session of the United Nations in September.  “The prime minister was forced to dash through the kitchens of the UN in New York to secure five minutes of face time with President Obama after five requests for a sit down meeting were rejected by the White House,” said London Telegraph columnist David Hughes.  Mr. Obama’s “churlishness is unforgivable,” Mr. Hughes said.

The administration went beyond snubs and slights last week when Secretary of State Hillary Clinton endorsed the demand of Argentine President Cristina Kirchner, a Hugo Chavez ally, for mediation of  Argentina ‘s specious claim to the Falkland Islands, a British dependency since 1833. The people who live in the Falklands, who speak English, want nothing to do with  Argentina.  When, in 1982, an earlier Argentine dictatorship tried to seize the Falklands by force, the British — with strong support from President Ronald Reagan — expelled them.

“It is truly shocking that Barack Obama has decided to disregard our shared history,” wrote Telegraph columnist Toby Young. “Does Britain ‘s friendship really mean so little to him?”   One could ask, does the friendship of anyone in the entire world mean anything to him?

“I recently asked several senior administration officials, separately, to name a foreign leader with whom Barack Obama has forged a strong personal relationship during his first year in office,” wrote Jackson Diehl, deputy editorial page editor of the Washington Post, on Monday. “A lot of hemming and hawing ensued.”  One official named French President Nicolas Sarkozy, but his contempt for Mr. Obama is an open secret.  Another named German Chancellor Angela Merkel. But, said Mr. Diehl, “Merkel too has been conspicuously cool toward Obama.”

Mr. Obama certainly doesn’t care about the Poles and Czechs, whom he has betrayed on missile defense.    Honduras and Israel also can attest that he’s been an unreliable ally and an unfaithful friend.  Ironically, our relations with both  Israel and the Palestinian Authority have never been worse.

Russia has offered nothing in exchange for Mr. Obama’s abandonment of missile defense.  Russia and China won’t support serious sanctions on Iran.  Syria ‘s support for terrorism has not diminished despite efforts to normalize diplomatic relations.  The reclusive military dictatorship that runs Burma has responded to our efforts at “engagement” by deepening its ties to North Korea.

And the Chinese make little effort to disguise their contempt for him.

For the first time in a long time, the President of the  United States is actually distrusted by its allies and not in the least feared by its adversaries.  Nor is Mr. Obama now respected by the majority of Americans.  Understandably focused on the dismal economy and Mr. Obama’s relentless efforts to nationalize and socialize health care, Americans apparently have yet to notice his dismal performance and lack of respect in the world community.
They soon will.

–London Daily Telegraph Editor — Alex Singleton

Taxing The Life Out Of Innovation

Wednesday, November 17th, 2010

A number of medical devices makers are concerned that new taxes will starve them of funds for new research and even could put some of them out of business, according to Grace-Marie Turner, president of the Galen Institute.

1. Richard Packer, CEO of Zoll Medical Corp. says a 2.3% tax on medical devices in ObamaCare will increase his company’s tax bill by $7.5 million. Like many companies in medical device innovation, Zoll Medical is not a corporate giant. It had a profit of only $9.5 million last year. Therefore, this new tax could eliminate nearly 80% of its profits, leaving the company almost no money to invest in research and development.

2. Medical device and pharmaceutical research are among the most costly and risky investments in the health care field. The pharmaceutical industry spent almost $59 billion on research and development in 2007, but only 24 new drugs were approved last year. For every 5,000 to 10,000 compounds tested, only about 5 will make it to clinical trials. Of those 5, just one will get FDA approval. And just 2 out of every 10 drugs that reach the market will recoup the costs invested in creating and developing the drug.

Thus, government support is crucial and should not undermine innovation in lifesaving and life-enhancing medicines and technologies.  Policies that tax the money companies spend on medical research will decrease the quality of care for this generation and future generations.

Source: Grace-Marie Turner, “How Much Is Two More Years of Life Worth?” Washington Times, October 14, 2010 : http://www.washingtontimes.com/news/2010/oct/14/how-much-is-two-more-years-of-life-worth/


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