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2 BRITS IN GITMO GO TO U.S. COURT [KJL] Posted at 02:49 PM IRAQI-AMERICAN SOLIDARITY [Cliff May] Yes, there are millions of Iraqis who want to be free, to enjoy human rights, to choose their own leaders and to defeat terrorism and the ideologies that drive terrorism – in particular Ba’athism and Radical Islamism. Read all about ‘em at www.untoldiraq.org, the website of the new Iraq-America Freedom Alliance (IAFA). IAFA will provide Americans a fuller picture of Iraq and give voice to some of the many Iraqis grateful for their newfound freedom. Posted at 02:41 PM SAVAGES [Andrew Stuttaford] It does no harm to keep reminding ourselves of the nature of the Islamism that now seeks to destroy the West. ”The Anglo-Spanish Brains nursery and primary school looked an unlikely al-Qa'eda target yesterday, yet Spanish police said it had been marked for destruction by the terrorist cell responsible for the Madrid commuter train atrocity.” Targeting a nursery school? Holy warriors indeed. Posted at 02:36 PM COMMUNION & PRO-ABORTION CATHOLICS [KJL] Cardinal Ratzinger vs. the U.S. bishops' conference. Posted at 02:22 PM FIREWORKS [Andrew Stuttaford] Every now and again there’s a story in the press that's a reminder that the heart of this country is still in the right place: "PLATTSMOUTH, Neb. -- Some Americans this Fourth of July plan to get a bang out of blowing Osama bin Laden's head off. The bin Laden Noggin, a cone-shaped pyrotechnic device with a cartoon of bin Laden's face, has been a hot seller at some fireworks stores around the country. When lit, the bin Laden cone erupts in blood-red flames and screeches for 60 seconds. Two shots blow his head off..." Of course, there’s always a catch, and in this case it comes in the form of one Lisa Myer, who was reported as having had the following to say (yes, yes, we all know what’s coming next..., wait for it, wait for it): "What are we trying to teach our children?" Ah, the children. Of course. Well, Ms. Myer, it teaches them that Americans are inclined to wish for the death of those who would destroy them – and that they will celebrate those moments when they occur. Got a problem with that, Lisa? Posted at 02:14 PM YOUR OWN MACY'S-LIKE 4TH [KJL] Posted at 01:57 PM A GREAT CUISINE ACKNOWLEDGED [Andrew Stuttaford] At last. Posted at 01:56 PM NARVA [Andrew Stuttaford] The status of Estonia’s Russian minority continues to cause problems within the now liberated Baltic state. Here the Independent takes a look at the case of an ethnic-Russian schoolteacher dismissed for his inadequate grasp of Estonian. Language rights in Estonia are a complex controversy, but these remarks from Tass should not be allowed to pass without further comment: “The Russian news agency Itar-Tass said this was the first time that a Russian-speaking teacher had been sacked for having poor skills in the Estonian language, and poured scorn on the move. Russia's Foreign Ministry is also likely to wade in. Ethnic Russians make up almost a third of tiny Estonia's population of 1.5 million, and the agency said that Narva was an overwhelmingly Russian-speaking town. "The population of Estonia's third largest town [Narva] is 96 per cent Russian," it said. "It's extremely rare to hear Estonian spoken there." Well, there’s a reason that Narva (a bleak, still heavily sovietized place when I visited in the mid-90s) is “96% Russian”. In 1944 Stalin’s forces flattened the place, pulverizing a city that had been one of the jewels of Baltic Europe. That wasn’t enough, of course. They then supervised the murder and deportation of a large number of the city’s surviving inhabitants, banned others from returning, repopulated the place with Russians, and transferred some of its surrounding territory to Russia, where it still remains today. Perhaps that is something that Tass would like to mention next time they take up this story. Posted at 01:47 PM DEATH COMES TO LOS ANGELES [Andrew Stuttaford] Or, at least, his souvenirs. Earlier, they were in London. Posted at 01:17 PM THE CHICAGO TRIBUNE'S KOBIYASHI MARU [Jonah Goldberg] I don't know why Townhall didn't run this yesterday (or today) but here's my syndicated column on the Jack Ryan privacy stuff. Posted at 01:10 PM DISSUASION [Andrew Stuttaford] Jack Ryan, the GOP candidate hounded out off the Illinois senatorial race for, well, nothing, has been making the media rounds to discuss the disaster that befell his campaign. Regardless of the unfairness of his treatment at the hands of both the Chicago Tribune and the Republican Party, there’s another important point to be made. Interviewed on ABC by the always excellent John Stossel, Ryan had this to say about the degree of intrusion into his private life with which he has had to contend: "I can't tell you how many calls I got in the last two weeks from people who said, 'I always thought about maybe going into public service. But not now, not, not after I've seen what's happened to you.' And so this cannot be the right standard now for entering into American politics…" Ryan’s right to raise this. I suspect that this country loses the benefit of countless excellent candidates who don’t relish the prospect of a prurient press or priggish rivals rooting through their lives for some sexual peccadillo, or, heaven forbid, some slip into sin, which would somehow be used to discredit their campaign. In the absence of illegality or truly grotesque hypocrisy (a little hypocrisy, remember, is no bad thing: it helps the world go round), the sex lives of politicians should remain the concern of them and their families. It’s nobody else’s business, and, yes, the return of privacy might even help the rest of us out. After all, who wants to be governed by an eternity of Jimmy Carters? Posted at 01:08 PM JIMMY NEUTRON READS "PRIME OBSESSION" [John Derbyshire] Sitting in the study with the door open while Danny watches his favorite cartoon -- Jimmy Neutron (whose middle name, I have learned, is Isaac -- get it?) In this morning's show, Jimmy mentioned the Riemann Hypothesis. (But he mis-pronounced "Riemann." It's "REE-man.") Posted at 01:07 PM PRO-ABORTION ACTIVISTS INVOKE THE VIRGIN MARY [ KJL] I think it's a safe bet she's not a fan of abortion. Posted at 01:02 PM DOESN'T HELP QADDAFI'S IMAGE [KJL] His daughter has joined the Saddam defense team. Posted at 11:42 AM GOOD WEATHER [KJL] is not good for The Corner, is it?! Posted at 11:38 AM POLES FIND WMDS? [John Hood] I haven't seen this story break out on the wires yet. The Poles appear to have thrwarted an attempt by terrorists in Iraq to purchase leftover chemical munitions from Saddam's arsenal to stage attacks. How many different propositions could this story, if true, support? Posted at 11:13 AM Friday, July 02, 2004 AMERICANS LEAVE BAHRAIN UNDER THREAT OF TERRORISM [KJL] Posted at 11:12 PM JULY 9 & SOLIDARITY WITH FREEDOM FIGHTERS IN IRAN [KJL] Iranian freedom activist--God bless them--need your help. Read here. Be sure and read the schedule of demonstrations on July 9, too--some may be in your backyard. Posted at 11:10 PM YET ANOTHER [KJL] A few people have asked for a link to Bremer's farewell address to Iraqis. I can only find his letter. Can anyone find the speech? Posted at 11:05 PM ANOTHER GOOD QUESTION I'VE JUST BEEN ASKED [KJL] "If those pacifists in Yemen send all those people to monitor the peace in Iraq, does that mean they won't have any monitors left over to oversee the U.S. elections in November? If yes, has Kofi made contingency plans? What's Cuba doing that day?" Posted at 10:58 PM F.A.Q. [KJL] I'm getting excellent questions, such as: "How do I donate my entire salary to NR?" and "How do I donate my wife's entire salary to NR?" Posted at 10:35 PM WHY "WORKING MOTHERHOOD" DOESN'T WORK [Jack Fowler] Dear, sweet Mary Walsh, an old friend and neighbor from Fredericksburg, VA, has written a jazzy little article for Human Events calling the spade a spade regarding the alleged joys of working motherhood. I heartily recommend it (the article -- not dumping the kids in day care at 5AM). Posted at 10:24 PM D'SOUZA'S MORAL DEFENSE OF FREEDOM [Ramesh Ponnuru] Dinesh D'Souza argues that since coerced virtue is not virtue at all, people can be virtuous in America in a way they cannot in countries that have tried to become republics of virtue. It is a tempting line of argument, especially for people who are both broadly libertarian in their political views and conservative in their moral and social ones. I think of it as the Frank Meyer fallacy. I identify it with Meyer because the argument was central to his fusionism (although it has had previous distinguished exponents, whose names I forget at the moment); I call it a fallacy because I think it's wrong (although I am a fusionist). I explain my reasons for so thinking here (see the third and fourth paragraphs). I also think that D'Souza is just about 180 degrees wrong in his view of the utility of this kind of argument for contemporary Western liberalism for winning over the Muslim world--but he has an awful lot of company in that view. Posted at 05:36 PM YEMEN [Kathryn Jean Lopez] says they could send troops to Iraq, too. Posted at 03:46 PM FAQ [KJL] I've been wanting for awhile to do a collective "frequently asked questions" feature, on the model of some of Jonah's FAQ GFiles from long ago. There are really obvious ones, What is a bleg? What is NRODT? Etc. But now's your time to file yours. Send them to thecorner@nationalreview.com with the subject line "FAQ." Thanks. Posted at 03:39 PM "CONSERVATISM'S MENSCH" [Kathryn Jean Lopez] David Klinghoffer on WFB. Posted at 03:30 PM ROGER SIMON ON BRANDO [KJL] Posted at 03:29 PM AN IRAQI PAUL BREMER APPRECIATION [KJL] Here. And, I'm slow, here's IraqtheModel on Monday's transfer. Posted at 03:26 PM RE: BRAWLING ON THE BEACH [KJL] Tim, younger kids would enjoy having an NR Treasury read to them. Adults, especially if they have loud children around, might especially appreciate having Florence King nearby. Posted at 03:17 PM BEACH BRAWL BOOK BREAK [Tim Graham] I'm off with the family to the Bogue Banks of North Carolina for a week starting tomorrow, but I wanted to pitch my two pennies into the beach blanket reading party. K-Lo, surely a la Legacy, you understand my need to begin the short list with Brent Bozell's Weapons of Mass Distortion: The Coming Meltdown of the Liberal Media. (It hits the stores on Tuesday.) How can you spend time at the beach cursing at Dan Rather? Hey, please, sometimes the bias is so over the top, it's more amusing than upsetting. You want to bug your liberal friends who love Alterman, Franken, and Conason on the so-called liberal media? Get one of these. To use the martial terms Brent so favors, this is the arsenal of media democracy, people. I'm really looking forward to a few fleeting moments between kiddie fights (wow, you mean you're fighting over a STRAW?) with G.K. Chesterton's The Everlasting Man, which was apparently very influential in converting the masterful C.S. Lewis. Posted at 03:11 PM SADDAM HUSSEIN'S KIND [KJL] Arnold Beichman e-mails: What a sense of justice and maybe even satisfcation it must give Saddam's Iraqi victims--especially for those with missing ears, hands and/or fingers--to see Saddam Hussein in the dock just like any other felon, to see him being tried by Iraqis not by a panel of Nuremberg judges. This is the first time we have seen a longtime dictator in a courtroom to face criminal charges. The history of other recent tyrants looks like: Posted at 02:53 PM FROM AP TO MSNBC [Tim Graham] MSNBC obviously borrowed from last night's AP dispatch in its interview with Jesse Jackson a bit ago. The screen graphic read that Cosby had a "tirade against the black community." Posted at 02:37 PM "WE APOLOGIZE TO YOU IN ADVANCE IF YOU ARE AMONG THOSE KILLED" [KJL] Al Qaeda truce with Europe ends in two weeks? Posted at 02:05 PM NEWSDAY VS. NY POST [KJL] Saddam is "defiant" vs. Saddam is "nuts." Posted at 02:02 PM RE: NUMBER THEORY MEETS THE APOCALYPSE [John Derbyshire] One we missed, sent in by a reader: Fahrenheit 666 -- Movie of (by?) the Beast. Posted at 01:53 PM TEACHOUT ON BRANDO [KJL] Posted at 01:51 PM THE DERB FACTOR [John Derbyshire] Alas, Kathryn, there is one insurmountable drawback to this scheme, as noted in one of my my "Straggler" columns. "As badly as I fare in front of still cameras, I am simply terrible on TV. When you do a TV show nowadays the studio gives you a videotape of your appearance. I made the mistake of watching one of these once. At first I wondered if they had got my clip mixed up with some other fellow's - some mumbling, shifty-eyed creep with gray teeth, a swindler finally cornered by the network's best investigative team after a career of bilking widows out of their savings via fraudulent home-improvement schemes. Then I recognized the tie, which I had spent some minutes picking out as being the one least likely to distract viewers from the enchantment of my address. I consulted a neighbor who I knew had watched the show. How had I done? There was an ominous pause. 'Well, John,' he said at last, 'you *are* allowed to look into the camera, you know...' I have now made eight or nine TV appearances, but I cannot help noticing that I have never been invited back for a second appearance on any show."----NRODT, 12/8/03 Now, I might be willing to spring for cosmetic surgery and acting lessons, given the right incentive. A co-host deal with Linda Vester, perhaps?.... Posted at 01:14 PM SADDAM'S AN ALLEGED TYRANT, I SUPPOSE [KJL] From AP (emphasis is mine): "I felt as if Baghdad had fallen again and that the regime was once again toppled," said Khaled, 40, who lives in a region where the deposed leader reportedly authorized the killing of thousands. "In his day, Saddam killed thousands of Iraqi youths. Today, I am happy because I saw the day when Saddam was being judged by a young judge." Posted at 01:01 PM READERS WHAT A "DERB FACTOR" ON FNC [KJL] John should know his public is calling...is Roger Ailes listening? Posted at 12:47 PM THE LIGHTS ARE GOING OUT [John Derbyshire] A Pentecostalist pastor in Sweden has been sentenced to one month in jail for criticizing homosexuality in a sermon. Story here. Sweden today, the USA tomorrow. I see from the current HUMAN EVENTS that a "hate crime" amendment was slipped into the Defense Authorization Bill (S. 2400) to add homosexuals to the list of protected classes of citizens under U.S. civil rights law. This follows relentless lobbying from groups with innocuous, deliberately deceptive names like "Human Rights Campaign." Naturally the amendment passed the Senate by a landslide: "Eighteen Republicans and all Democrats present voted in favor." Crimes are crimes--these “hate crimes” laws are aimed at censoring speech, protecting people from feeling offended--something quite subjective. We are losing our ancient liberties, ladies and gentleman, and the political classes, regardless of party, are perfectly OK with it. Posted at 12:25 PM US & ELECTION OBSERVERS [KJL] It is time for everyone to reread Peter Kirsanow on "The Florida Myth." Posted at 12:25 PM U.S CONGRESSMEN ASK FOR U.N ELECTION OBSERVERS FOR U.S. ELECTIONS [KJL] Spearheaded by Texas Rep. Eddie Bernice Johnson. Posted at 12:17 PM STIRRING UP CONTROVERSY [Andrew Stuttaford] So here's the "definitive" best of Brando: The Wild One, Last Tango in Paris, The Godfather, and Apocalypse Now. On The Waterfront? Not a contender... Posted at 12:03 PM IBD ON WFB [KJL] Posted at 12:02 PM MARLON BRANDO HAS DIED [KJL] Posted at 11:30 AM THE LIGHTER SIDE OF SADDAM [Jonah Goldberg ] Posted at 11:22 AM NIXON, COLSON AND KISSINGER ON KERRY [Jonah Goldberg ] Posted at 11:18 AM RE: NUMBER THEORY MEETS THE APOCALYPSE [John Derbyshire] A reader wants to know if the number of the Beast has any connection with my recent book about the Riemann Hypothesis. Well... Zeta(number of the Beast) = 1.00000000000000000000 0000000000000000000000000000000000000000 0000000000000000000000000000000000000000 0000000000000000000000000000000000000000 0000000000000000000000000000000000000000 0000000000000000000032660504415756509300 3614709845352296923221457321053240190834 4936952910946779749897530894118049300517 4039193902154553795244932984455296252614 8208075387990350642521027259612044434592 084310190771726142.... (This is of course a rational multiple of pi^666, but believe me, you don't want to see the rational multiplier.) The nontrivial zeta zero (counting north from the real axis) with the number of the Beast: 1020.917475017... Number of the nontrivial zeta zero (counting the same way) whose imaginary part is closest to the number of the Beast: 390 (the imaginary part of the 390th nontrivial zero is 666.515147704...) The (number of the Beast)-th prime: 4,973 The ((number of the Beast)-th prime)-th prime: 48,337 The (((number of the Beast)-th prime)-th prime)-th prime: 589,783 The ((((number of the Beast)-th prime)-th prime)-th prime)-th prime: 8,796,451 The (((((number of the Beast)-th prime)-th prime)-th prime)-th prime)-th prime: 156,637,829 ...and that's quite enough of that. Incidentally, did you know -- I didn't until Prof. Lerer clued me in -- that the number of the line in Book 2 of Paradise Lost at which Death appears is... guess what? (Adam bites the apple in line 999 of Book 9... but that one I already knew.) Posted at 10:36 AM MARTINI HENRY [John Derbyshire] "When 'arf of your bullets fly wide in the ditch, Don't call your Martini a cross-eyed old b****...." (Kipling) Here are some for sale Posted at 10:31 AM YOUR SUMMER BARBECUE [KJL] You'll be the talk of the town with W. Ketchup (see ad lineup on the right of this page and homepage). Posted at 10:22 AM HUSSEIN COUNTED ON U.N. [Rich Lowry] From the New York Times: “One official said that Mr. Hussein had implied that ambiguity over whether his government possessed illegal weapons ‘would keep the neighbors at bay, while the U.S. would be hung up in interminable debate at the U.N.’" Posted at 10:21 AM MORE HEROES [Rich Lowry] E-mail: "Mr. Lowry, Great column on 'the death of heroism.' What goes unmentioned in your column, but which is surely an important factor, is the role that a man like John Kerry plays in this whole dynamic. Here is a man so embarrassed by his own service that he felt compelled to elevate his opposition to the war to a level of 'heroism' on a par with, or even above that of his participation in the war itself. To the extent that Kerry and his myriad acolytes in the press and televised media express gratitude or admiration for those who serve in the military, it is manifestly for their sacrifice in having served, not their success in so doing. They want to say 'Thank you for having suffered' or 'Pity be upon you for having had to follow the orders of a misguided commander' but never 'Thank you for having done well at the job of killing the enemy, and protecting our country.'" Posted at 10:11 AM HEROES [Rich Lowry] E-mail: "Subject: TODAY'S COLUMN Please don't say there were no heroes in Vietnam. There were and I am here because of one." ME: Please, don't misunderstand me on this. I meant no heroes that were properly recognized as such by our culture. Posted at 10:08 AM FOR THOSE HAVE SENT E-MAILS WONDERING… [Rich Lowry] …no, I didn’t leave early. That was the best regular season game I’ve ever seen. I’ve never seen fans point at a field in pure astonishment so many times: at the Yanks' faux triple play with no outs and the bases loaded in the 11th (it seemed like one at first from the stands), at Jeter’s catch and dive into the stands, at the Red Sox’s five-infielder defense that had players swapping gloves on the field like little leaguers. I always want the Yankees to win, and win big, but this is a game I just didn’t want to end. Heck, I was even kind of rooting against the Yankees getting a base-loaded walk to win in the 12th—would have been the wrong way for it to end. Amazing stuff… Posted at 10:02 AM POST V POST [Jonah Goldberg] My friend Eric Johnson has a good piece in the NY Post about the Washington Post's coverage of Iraq. Posted at 09:54 AM ABU GHRAIB & FLANNERY O'CONNOR [KJL] Posted at 09:25 AM SUDAN REFUGEE CAMP WAS [KJL] emptied out in time for a scheduled Kofi Annan visit. Posted at 09:18 AM MYRNA BLYTH ALERT [Tim Graham] Mrs. Graham received her latest Ladies' Home Journal in the mail, with the Bushes and the Kerrys each interviewed by editor Diane Salvatore. I'm sure the Bush camp is pleased with their interview, in which Bush sounds very domestically moderate (he looooves Medicare, for example, and touts the new prescription drug subsidies). The questions aren't hostile. But Salvatore never brings John Kerry up, and neither do the Bushes. Then comes the Kerry pair. Salvatore asks several please-bash-Bush questions. “Senator, do you believe that President Bush is a false patriot?” (No, but can I tell you about Max Cleland again?) And: "There’s been a lot of discussion about the fact that President Bush has been one of the most vocal Presidents in terms of his faith. Do you find the President’s discussion of his faith as part of his decisionmaking process inappropriate?" Kerry: "I think it crosses a line, and it sort of squeezes out the diversity that the presidency is supposed to embrace." (When Bush is asked about his faith, among his first few words are "Jewish...Muslim...Christian.") Salvatore also asked Kerry blatant questions from the left. "How apt, Senator, do you feel is the comparison between the Iraqi war and the Vietnam war?” (Kerry goes through his usual multilaterlist clucking, and adds how much it would help us fight terror by having more "thoughtful" positions on "North Korea, global warming, AIDS.") She also asked: “Every major civil rights movement in this country has eventually prevailed. Looking through the prism of history, do you feel that same-sex marriage is inevitable in America as a legal right?” He starts to talk, and then, he has to answer his cell phone! He comes back around to searching for a way of "respecting both" tradition and, well, the utter rejection of tradition. Salvatore wrote up front that she conducted both interviews as "another effort at keeping the playing field level." But her liberal bias came shining through, at least during her time with Team Kerry. Posted at 09:13 AM DEADLY PREFERENCES? [Roger Clegg] The Chicago Sun-Times reports today that some Chicago firefighters are saying that affirmative action and political cronyism led to incompetent leadership and mistakes that caused six people to die in a fire last year. Posted at 09:11 AM DEPENDS WHERE YOU'RE COMING FROM, I GUESS [KJL] Chirac is Islamophobic. Posted at 09:01 AM MORE PRAISE FOR WFB [Jack Fowler] Our former leader engages in a delightful Q&A with Newsweek’s Peg Tyre. There is this glowing editorial from the Dallas Morning News (subscription required) which ends: “We wish him well in his retirement and sincerely regret that one of his most praiseworthy qualities – the grace and civility with which he treated his ideological opponents and the craft of opinion journalism – seems likely to pass from the scene with him. Bill Buckley is perhaps the last gentleman in American political life.” And finally, a touching editorial from the Manchester Union Leader. Posted at 08:44 AM DECENT JOB NEWS IN [KJL] 112,000 new jobs in June; unemployment at 5.6 percent. Not great. No one in the White House is celebrating, I'm sure. Posted at 08:36 AM INTERESTING LOOK [KJL] here about the Washington Post's Baghdad chief. Posted at 08:28 AM ANOTHER TRIBUTE [KJL] Another nice one, from Maggie Gallagher (who worked at NR for a time.) Posted at 08:26 AM GREAT WSJ TRIBUTE TO WFB & NR [Jack Fowler] The top editorial – “America’s Bill of Right” – in the “Weekend” section of today’s Wall Street Journal is a beautifully written tribute to Bill Buckley and the impact he and NR have had since the magazine’s 1955 founding. Posted at 08:24 AM "I AM THE MOST IMPORTANT PERSON IN THE WORLD TO THE GOP" [KJL] That's Bill Clinton at Jesse Jackson's confab. Nah. Sorry. Not you. Posted at 08:17 AM BILL RICHARDSON DOESN'T WANT TO BE CONSIDERED [KJL] Unless he's playing hard to get. But it's not like Bush's Spanish is that good. Posted at 08:14 AM HAHA [KJL] Serves me right for trying to be cheeky at odd hours. An e-mailer: "That link was to Star Wars not Star Trek, but I'm sure this is "progress" for you anyway. :-)" Posted at 08:11 AM REALLY THE LAST ONE [Mark R. Levin] As I go back and review the ruling of the U.S. Court of Appeals for the Fourth Circuit in Hamdi, it held, in part, that Hamdi “was indisputably seized in an active combat zone abroad” and that it had no authority to consider his case because it might "obstruct[ ] [the] war efforts authorized by Congress and undertaken by the executive branch.” The judiciary must “assume a deferential posture” in reviewing a commander in chief's actions during war. So, while Thomas (and I) are in a minority here, our views are consistent with the most conservative circuit. Posted at 12:15 AM THAT NUTTY COSBY GUY [KJL] Isn't this a little editorializing on the AP's part in that Cosby story I linked to earlier? "Bill Cosby went off on another tirade against the black community." The wire services did report at some point, right? Can we just make them all honest services and call them opinion journalists once and for all? Posted at 12:13 AM HEY, LOOK WHAT I'M LINKING TOO [KJL] Even she who bans nods. Posted at 12:11 AM KRUGMAN [KJL] Maybe I'm tired: Krugman isn't saying American democracy is a crisis is he? "Someday, when the crisis of American democracy is over, I'll probably find myself berating Mr. Moore, who supported Ralph Nader in 2000, for his simplistic antiglobalization views." Posted at 12:08 AM JORDAN IS WILLING TO SEND TROOPS TO IRAQ [KJL] on Lou Dobs's show tonight, Fouad Ajami said he doesn't see it happening, however. Posted at 12:05 AM Thursday, July 01, 2004 JUST ONCE MORE [Mark R. Levin] Not a word about presidential power, Andy? You argue for exapnded judicial review in the context of war, which is fine, yet little attention is paid to the role of the commander-in-chief's authority. Habeas is not technically or literally a due process proceeding, except for the fact of the writ itself. There's nothing in the Constitution that supports a contrary position. In fact, the due process clause, certainly when ratified in 1791, would have been, in many ways, otherwise repetitive. But if one believes that habeas, beyond the right to know why one is detained, is a substantive due process proceeding, then in the context of this case, I'd like to know what that would look like. O'Connor outlines what she'd like, but leaves much latitude for interpretation by the lower courts. Is it a mini-trial, with witnesses, cross-examination, etc.? If not, why not? Thomas defends the principle of executive authority over matters of war, which makes the argument re invasion irrelevant, i.e., it assumes the country is at war, invasion or no invasion. Hence, his lengthly defense of the president's war powers. If Congress had acted to suspend habeas, and Hamdi challenged Congress's action on some basis, I have no doubt Thomas would have spent as much time on suspension as Scalia, who seemed to believe that if Congress doesn't act in this regard, the president has no constitutional recourse. But Congress didn't act, and suspension is irrelevant in this case. That's why it deserved short attention by Thomas. The fact that Congress hadn't acted in no way restricts the president from exercising his constitutional authority, and the extent of that authority was the subject of the challenge. The president has specific constitutional power that is broad relative to war and Congress's power wasn't at issue. And, without some compelling constitutional basis for judicial intervention, which I don't see here, the judiciary ought not trump the executive here. The underlying assumption that these 9 justices, and their lower court colleagues, are better qualified to balance individual liberties against national security interests, is unwarranted. And the president's actions as to Hamdi are not excessive in any event. I think we can agree that in the companion case, Rasul, this same court demonstrated that it is not better qualified than the president. Posted at 11:56 PM IS BUSH THE REAL CRIMINAL? [KJL] It's a serious debate? In Rhode Island, apparently. Posted at 11:40 PM KERRY RUNNING TO BUSH'S RIGHT ON LANGUAGE AND IMMIGRATION? [Jim Boulet Jr.] John Kerry bravely told the Spanish-language network Telemundo that he opposes state laws which give driver's licenses to illegal aliens: "I think that driver's licenses are part of the legality of being here." Kerry's stance is remarkable, given that President Bush's own brother, Florida Governor Jeb Bush strongly favored giving illegal aliens driver's licenses because "once they're here, what do you do? Do you say that they're lepers to society? That they don't exist? It seems that a policy that ignores them is a policy of denial." The politics of this issue strongly favor Kerry's view, not Jeb Bush's. Former California Governor Gray Davis lost his office in part because of his endorsement of driver's licenses for illegal aliens. Is Kerry planning to run to the right of President Bush on issues like language and illegal immigration? Perhaps, especially if Kerry chooses Iowa's Governor Tom Vilsack as his running mate. Vilsack signed an official English bill two years ago after getting a $1.4 million increase in spending for English as a Second Language programs. Vilsack may have been a reluctant signer, but his signature is on the legislation. Posted at 11:04 PM ORIGAMI BOULDER [Jonah Goldberg ] Yes, yes, yes: It's un-PC, but it's funny. OrigamiBoulder.com. Posted at 09:45 PM BILL COSBY GETS FRANK AGAIN [KJL] (07-01) 16:25 PDT CHICAGO (AP) -- Posted at 09:04 PM APPEALS COURT LOCKS TERRI SCHIAVO'S PARENTS OUT OF LEGAL PROCEEDINGS [KJL] This case is such a prolonged, maddening outrage. Posted at 08:38 PM OUCH [KJL] Dick Morris on O'Reilly just now: "I would not sell life insurance to anyone who has Hillary Clinton as his running mate." Prediction: When O'Reilly retires, that hour will become the Derb Factor or somesuch. Posted at 08:23 PM PLAYING "TERRORIST" [KJL] See how they learn... Posted at 08:19 PM THOSE PATRIOTIC NETWORK EXECS [Tim Graham] I know, I know, I can't believe someone's going to argue for Al Gore speaking on prime-time TV. But it really burns me, just as a citizen, that the network suits are again talking up the idea of just skipping coverage of the first two nights of the party conventions for another rerun of "CSI: Miami." (Reason: we make more money with the rerun.) I understand that the junkies have lots of places to watch the convention. But shouldn't we teach the non-junkies that they ought to care? The parties are said to be lobbying the networks with proposals to be more entertaining. Perhaps these proposals are on the table: 1. Al Gore will discuss who really killed JonBenet Ramsey. 2. Arnold Schwarzenegger will discuss his pickup techniques in graphic detail. 3. Rudolph Giuliani discusses whether Princess Diana and John F. Kennedy Jr. would have been a "love match." 4. To add floor drama, party delegates vote to see which Vice Presidential nominee gets voted off the island. 5. Five words: Hillary Clinton eats pig intestine! Posted at 08:15 PM HAVE WE ALREADY NOTED [KJL] that the author of the forthcoming assassinate Bush book is the author of Vox, Monica's gift to our former president? Posted at 07:58 PM SMACKING THE TV SET [John Derbyshire] A reader writes: "Dear Mr. Derbyshire---You say: '...At last, if all else fails, you give the TV set a good smack.' A man I once worked for, Paul Horowitz (if you don't know who he is check out this) has a name for this approach: percussive maintenance." Posted at 07:54 PM NUMBER THEORY MEETS THE APOCALYPSE [John Derbyshire] I couldn't resist this -- sent in by a reader. He is referring to the number of the Beast in Rev. 13:18. -------------------- OK, we all know that 666 is the number of the Beast, but did you know that... 670 - Approximate number of the Beast DCLXVI - Roman numeral of the Beast 666.0000000 - Number of the High Precision Beast 665.9999954 - Number of the Pentium Beast 0.666 - Number of the Millibeast /666 - Beast Common Denominator 666 x sq. rt (-1) - Imaginary number of the Beast 1010011010 - Binary of the Beast 1-666 - Area code of the Beast 00666 - Zip code of the Beast 1-900-666-0666 - Live Beasts! One-on-one pacts! Call Now! Only $6.66/minute. Over 18 only please. $665.95 - Retail price of the Beast $699.25 - Price of the Beast plus 5% state sales tax $769.95 - Price of the Beast with all accessories and replacement soul $606.66 - Wal-Mart price of the Beast $566.66 - Costco/Price Club price of the Beast $0,00 - Home Depot price of the Beast, that aisle is closed at the moment Phillips 666 - Gasoline of the Beast Route 666 - Way of the Beast 666 F - Oven temperature for roast Beast 666k - Retirement plan of the Beast 666 mg - Recommended Minimum Daily Requirement of Beast 6.66 % - 5 year CD interest rate at First Beast of Hell National Bank, $666 -minimum deposit. Lotus 6-6-6 - Spreadsheet of the Beast Word 6.66 - Word Processor of the Beast i66686 - CPU of the Beast 666i - BMW of the Beast DSM-666 (revised) - Diagnostic and Statistical Manual of the Beast 668 - Next-door neighbor of the Beast - Number of the Blonde Beast uh... what was that number again? Posted at 07:24 PM BOZELL ON MICHAEL MOORE [Tim Graham] Let's never hear another word about negative Republican commercials ever again... Posted at 07:19 PM RE: THOMAS & SCALIA [Andy McCarthy] Bear with me, this one is long. I much appreciate the responses from Mark Levin, Jon Adler, and Randy Barnett, which gave me a lot of insight I did not have before. I agree with Jon that Baude’s statement about Justice Thomas seeing himself as a staunch defender of the founders’ classically liberal vision is defensible--in fact, I think it’s not only defensible but correct. My only quibble was that it was inconsistent with Baude’s earlier assertion that Thomas is wedded to the text to the exclusion of historical context. In hindsight, I think my critique of Baude is nit-picky--his fine article explains what he means by his introductory comments, and, as both Mark and Jon point out (and as Randy amplifies), all originalists start (and, if they can, end) with the text. Petty or not, though, I am selfishly glad I nit-picked since it has sparked an interesting discussion. Mark is of course right that Hamdi featured competing constitutional issues, as many of the high Court’s cases do. But I respectfully disagree that it is unlikely Thomas would have objected to a congressional suspension of habeas corpus. Regarding rebellion or invasion, which is the constitutional predicate for such a suspension, Thomas writes (in his Hamdi dissent at p. 16): “[T]his condition might not obtain here [i.e., in Hamdi’s case] or during many other emergencies during which detention authority might be necessary.” Thomas’s earlier reliance on Justice Jackson doesn’t sway me either, because Jackson was talking about the primacy of executive and legislative power in the areas of foreign affairs and national security, not habeas corpus. That makes sense: If a national security crisis could empower the president unilaterally to suspend habeas corpus, the Suspension Clause (and of course habeas) would be a nullity. This would be contra-textual--something I would think Thomas in particular would deem unacceptable (for the reasons elaborated on by Randy). Besides, habeas corpus is a judicial writ, so the judiciary cannot be expected to step aside with respect to it as they should generally on matters of foreign affairs and national security. Since Thomas thus cannot ignore the Suspension Clause, he instead construes it as having no (or at best dubious) application on the facts of this case--a construction accomplished by an overly stingy construction of the word “invasion” (i.e., he suggests that the 9/11 attacks cannot at this stage be considered an “invasion,” so there is no need to consider whether Congress could have suspended the writ). If Thomas is right, that would necessarily mean the framers thought it was important to make express contingencies regarding liberty for only some conceivable national emergencies (invasion and rebellion) but not all of them. This seems unreasonable to me. In my book (as evidently in Justice Scalia’s), 9/11 remains an invasion; that it happened 3 years ago rather than 3 days ago is immaterial--what matters is that we are still directly imperiled by it. Also, I can’t agree that because the government conceded that Hamdi had access to the court, habeas was not at issue in the case. Habeas is not just a procedural right of access to court; it is, in addition, a substantive right to be at liberty if one’s detention violates the Constitution. If I am right about that, Scalia’s vision is both more democratic and more faithful to the Constitution than Thomas’s. That is, Thomas says in a time of crisis the executive branch may detain anyone it wishes to, and the court cannot review. Scalia, on the other hand, says the executive can detain anyone it wishes to as long as the people’s representatives have approved by suspending habeas corpus, but if they have not, the detention is not legal and the detainee must either be freed or prosecuted in the criminal justice system. As I said in yesterday’s article, I think Scalia’s argument may be unassailable if the only question were what is constitutionally more sound. But I don’t think Scalia’s argument is practical politically, and in a national security context that is a fatal flaw. In most instances where constitutional fidelity would cause practical political difficulty (e.g., where a faithful reading of the 14th Amendment would require politicians to oppose affirmative action programs, or a faithful reading of the First Amendment would cause presidents to veto unconstitutional campaign finance reform schemes), I say to hell with practical politics--the oath government officials take is to the Constitution, not to expedience. Yet, I find myself unable to side with Scalia in Hamdi, even though I think he’s probably right, because I'm convinced that under his result our troops would be placed in mortal peril (i.e., if the politcal branches decline to act, Scalia’s view would either free terrorists or cause terror trials that educate terrorist organizations). The beauty of Thomas’s position, is that even if the politicians lack spine to suspend the writ, the terrorists are still detained and there are no trials. But the problem with it is: Has he effectively repealed the Suspension Clause and set a dangerous precedent that is more likely than Scalia’s theory to result in innocent people being detained without trial. In the plurality’s vision, which carried the day in Hamdi, we get less national security than Thomas would allow and less liberty than Scalia would allow. If I had to vote on which of the three possibilities (plurality, Thomas or Scalia) is the best thing for the country right this minute, I would vote, like Mark, for Thomas’s view. BUT, I would do so knowing I’d have a very hard time answering this question: Haven’t I just voted to repeal the Suspension Clause? That is why I have sympathy for the plurality’s balancing act, even though I acknowledge Mark is completely correct that Thomas’s position makes our country much safer. One final thing ought in fairness to be conceded given my criticism of Baude: I am probably guilty of a more important inconsistency. I previously reported on combatants a couple of times (here and here. In neither of these articles did I mention, let alone deal with, the Suspension Clause, which I now am portraying as a big problem. In my defense, my purpose in those pieces was primarily to report on what had happened, first in the Padilla case and then when the Supreme Court heard argument on all these combatatnts cases; the Suspension Clause did not figure prominently in any of those proceedings. Why? Because I think we all assumed that Ex Parte Quirin, the WWII era case in which the Supremes had upheld detention without trial of an American citizen, would have made any argument based on the Supremacy Clause futile. I don’t think the lower federal courts can be faulted for this (although I certainly wish I had thought to address it somewhere along the way), because they were required to follow Quirin. As the Hamdi opinions demonstrate, however, the Supreme Court is always free to revisit its own precedents, which I think made the Suspension Clause a much more live issue for the justices than it had been for the lower courts. Posted at 07:11 PM OUT TO BADMINTON [KJL] The Today Show makes a big mistake: playing while Saddam courtroom feed was coming in. Posted at 07:07 PM JAMES CARVILLE WINCES [Tim Graham] Kudos to ABC for augmenting the fawning coverage of Clinton's mammoth book with some of the Clinton women tonight. (You'd almost expect the promos to say: "Get an update on the Trash for Cash ladies!") Paula Jones told Primetime's Cynthia McFadden about the VRWC: "I agree that I was a small little entity in this big vast whatever-you-want-to-call-it that got erected." That seems to capture the real Paula Jones in one sentence. She wasn't interested in a VRWC. She wanted to let Clinton know that his abuse of power to get sex "just because he could" should have consequences. Paula will also talk about whether she "feels sorry" for Hillary. Nope. But if the web story is any indication, expect some Clinton spin to be resurrected alongside these women. "Clinton denies sexually harassing Jones. The suit was dismissed. Jones appealed, and in November 1998, Clinton paid her $850,000 to settle the suit." On Gennifer Flowers, the best we get is "Clinton later admitted her allegations were at least partially true." Posted at 07:05 PM I'M SHOCKED [KJL] that Joe Trippi didn't send me an inscribed copy of his book. Posted at 07:01 PM KERRY BLOWS IT AGAIN [ Mike Potemra ] A few weeks ago, Bill Buckley wrote a column about John Kerry’s proposed campaign theme, “Let America Be America Again.” He warned Kerry that the author of those words—poet Langston Hughes—had praised Stalin, and would thus not be helpful to the Democrats’ campaign. Well, I just got an e-mail from the publicist at Random House—and guess who has just written a preface to a new book of Langston Hughes’s poems? Our friend John Kerry! It seems the left-wing cachet of Langston Hughes among Kerry’s supporters outweighs, for candidate Kerry, the losses he will sustain among moderate and conservative voters. The conventional wisdom—which I unapologetically endorse—is that Democrats can only win nationwide if they convince voters they won’t go back to their pre-New Democrat big-taxing socialist reflexes. This development—along with Hillary’s recent comment about taxes needing to be raised for the public good—indicates to me that leading Democrats are rejecting that conventional wisdom, and bearing left. Just a couple more steps in this direction, and they will find themselves on the wrong side of a Goldwater/McGovern-level blowout. Posted at 06:31 PM WFB & PEANUT BUTTER [KJL] While we're on the topic of WFB and food: don't miss his peanut-butter column. (We're in "looking back" and looking forward this week.) Posted at 06:30 PM WILLIAM F. BUCKLEY JR.'S FUDGE [KJL] Apparently this link hasn't worked all day. I am very sorry and give it to you now, here. Posted at 06:28 PM SADDAM TODAY [KJL] He's clearly reading the blogosphere. Posted at 06:07 PM LAUREATE SHMAUREATE [Jonathan H. Adler] Would you trust the average Congressmanto understand, let alone analyze, quantum mechanics or astrophysics? Would you trust heart surgery to an electrician? Sensitive dental work to an electrician? Then why, David Douglass asks, should we care what Nobel Laureate scientists think about the presidential candidates? Posted at 06:07 PM WATCHING BUSHGREENWATCH [Jonathan H. Adler] The folks at BushGreenwatch have taken a break from bashing the President to promote an update of the Limits to Growth. Honest. (I couldn't make this stuff up.) All the Malthusian predictions of the past may have been wrong, but this time -- really this time -- they'll be correct. (Better computer models or something.) I have further comment at The Commons. Posted at 05:56 PM DEMOCRATIC INFIGHTING [Ramesh Ponnuru] in Pennsylvania. Posted at 05:52 PM EVEN MORE GOOD NEWS [KJL] We have our first "dating service" of sorts ad, see top, right. (Click on all our ads when you can--it helps NRO and you might get something out of it--besides more NRO.) Posted at 05:49 PM MORE GOOD NEWS [Rich Lowry] Going to see the Yanks v. Red Sox in the Bronx tonight. Pedro v. Halsey is not that match-up I would have picked, but the way this series--and this season at the moment--is going, you never know... Posted at 05:30 PM GOOD NEWS [Rich Lowry] I've just figured out how to type a zero on my Blackberry, after 3 weeks. So there should be less inapproriate O's substituting for 0's in my posts. It's the little things.... Posted at 05:28 PM MORE ON COMICS [Jonah Goldberg ] From Justin Katz. Posted at 05:28 PM WARNING [Rich Lowry] My column tomorrow is heavily borrowed from Kate O'Beirne's piece about how our contemporary military heroes tend to be ignored by the media and our broader culture. Thanks Kate! Posted at 05:25 PM IMPLOSION WORLD! [Jonah Goldberg ] That's right, Implosion World! Posted at 05:10 PM NOVEMBER HEAVEN [KJL] Wow. There's someone for everyone on that cruise, Jack. And, I can't help but notice that the price is a bargain: It's a vacation--with the Middle East expert, the classical historian, the head of the RNC, the editor of NR, an ex- friend of Bill Clinton, and all those other stars yet, how can you not go? Posted at 03:46 PM THIS JUST IN: MORRIS AND TOOMEY JOIN NR ‘POST-ELECTION’ CRUISE! [Jack Fowler] Homey smokes!--great news! Conservative stalwart Congressman Pat Toomey and political guru and author Dick Morris (also a sometime NR & NRO contributor) will be joining our already primo panel of speakers on the National Review 2004 Post-Election Cruise, more info about which can be found here. Have we got a grand-slamming line-up: Morris and Toomey join the likes of Islam expert Bernard Lewis, NRO all stars Victor Davis Hanson and John Derbyshire, Republican National Committee chairman Ed Gillespie, Club for Growth boss Steve Moore, columnist supreme Michelle Malkin, thinking-big-thoughts author Dinesh D’Souza, military and security expert John Hillen, The National Interest editor John O’Sullivan, as well as NR editors Rich Lowry, Jay Nordlinger, and last but no-way-in-Hades least Ramesh Ponnuru. You’ve got to be there. Never mind the wonderful cruise that awaits you; the panel sessions alone (where current events, the elections, their fallout, and so much more will be discussed) are worth the price of admission. And as cruises go, that price is oh-so-low: faress for luxurious cabins on Holland America’s glorious Zuiderdam starting as low as $1,549 a person (just $1,899 for a luxurious “single”). How can you not join us?! Sign up now, while there are still cabins available! Posted at 03:37 PM NOW THAT MAKES SENSE! [Jonah Goldberg ] F9/11 first foreign "documentary" allowed by Red Chinese. (Via Drudge) Posted at 03:31 PM MORE ON MOORE-ONS [Jonah Goldberg] From a reader (who's right about Lars): ...a local conservative radio talk show host, Lars Larson (larslarson.com). It was to a couple of thousand MM like minded people who were in his Portland audience. Entire audience heard Lars' recorded cell phone greeting give out his home phone number - he and his wife then started getting death threats at home. Nice crowd. Doesn't excuse what Dobson did but MM better not bitch.... Posted at 03:28 PM SUPER NERDS! [Jonah Goldberg] Or so I'm told, I can't play the movie on my laptop. Posted at 03:25 PM GOOD POINT [Jonah Goldberg] From a reader: Jonah, Posted at 03:21 PM BAD MOVE [Jonah Goldberg] James Dobson's Focus on the Family has apparently sent But, I should add, Michael Moore has zero-point-zero grounds to complain. After all, he did set up a webcam aimed at my parents' bedroom during the Clinton troubles and promoted it in on television, in an effort to show the whole world where my mom lived and invade her privacy. (My mom turned things around and sold ad space in the window to the National Inquirer) If I recall correctly I appeared on some show with him in which he proceeded to make an idiot out of himself on some nonsensical constitutional point. Also, if I recall correctly, any number of liberals and journalists thought Moore's stunt was hilarious. So let's not hear too much piousness about Dobson & Co. from that quarter either. Still, I think it's just wrong to divulge home addresses for the puprose of harassing public figures. Posted at 03:12 PM RE CANADA DAY [Jonah Goldberg] Back into your cage Canada-boy! Back I say! Posted at 02:46 PM HAPPY CANADA DAY [Aaron P. Bailey] to our neighbours to the north. Posted at 02:27 PM SO NOW I'M WONDERING [Ramesh Ponnuru] is there a guy under age 40 in the Corner who wasn't a comic-book fan? Me, I read Marvel and D.C.--mostly D.C. though, my brothers having bought up the Marvels. Posted at 02:11 PM WITNESSES FOR SADDAM [KJL] Do you think Michael Moore will testify? Ted Kennedy? Posted at 01:48 PM MANDELA & REIGN [KJL] A number of readers have pointed out that Nelson Mandela used "Let freedom reign," in his inaugural speech. Wonder if Mo-Do made fun of him, too. Posted at 01:41 PM SPIDERMAN & RR [Steven Hayward] Let is recall that Spiderman was Ronald Reagan's favorite comic; it was the first thing he reached for in the morning paper. Take that, Pod-Person! Posted at 01:38 PM THE HULK IS SILLY. KIDS SHOULD READ JEKYLL & HYDE [Jim Geraghty] John Pod, today: Instead of comic books, society should revere the classics which don't include such silly, unrealistic, stupid central conceits. For example, kids and adults alike should read Dr. Jekyll & Mr. Hyde, Mary Shelley's Frankenstein, Dracula, the Scarlet Pimpernel, the Invisible Man, Jules Verne, H.G. Wells, the early greek epics about Hercules, the Norse mythology of Thor, Beowulf etc. Gulliver's Travels is clearly much more realistic, than say, Batman. Vigilantes? Ha! Next you'll claim that it's realistic for some nefarious bearded egomaniacal supervillain to be plotting to destroy New York City from a cave headquarters halfway across the world! Posted at 01:22 PM OH HECK, WHERE DID I PUT THOSE AGAIN? [KJL] Kevin Cherry notices this item on The Note today: “Yesterday morning, top political aides to at least several candidates who are thought to be leading contenders were contacted by a member of Jim Johnson's vice presidential search team and asked to provide detailed contact information for their principles, as well as their schedules over the next 10 days.” Democrats need contact information for their principles? I guess they do. Posted at 01:12 PM ANOTHER SCALIA/THOMAS POINT [Mark R. Levin] I do not believe Thomas is a textualist, as opposed to an originalist who looks first at the text, precisely because of his frequent references to the Declaration of Independence and the Federalist Papers, as well as the influences of Harry Jaffa and natural law theory. Clearly, this is not a purely textual approach. Posted at 01:03 PM PRYOR ON BORK [Jonathan H. Adler] Judge William Pryor's review of Robert Bork's Coercing Virtue is available at Southern Appeal. Posted at 12:58 PM ACADEMIC ARCHIPELAGO MEETS BOB DYLAN [John Derbyshire] Professor Harvey Shulman up there in the tundra came up with the following birthday ode to Bobbie Dylan back in 2001. It combines two of the points from my June Diary, posted yesterday. WITH APOLOGIES TO BOB DYLAN ON HIS 60TH Posted at 12:57 PM TIMEWASTER [Jonah Goldberg ] Mr. Picassohead. Posted at 12:57 PM INTERESTING [KJL] Despite Saddam's defiance today, John Burns makes the point that He sounded very much like a broken man. (From memory, he's delivering an oral report right now in Baghdad. Posted at 12:56 PM POD & SPIDEY [Jonathan H. Adler] I'm tempted to moount a full-bore defense of comic books after reading John Podhoretz's review of Spiderman 2, but I'll leave that to Jonah. Let me simply say that one need not view comics as a high-art form to find them enjoyable and worthwhile. One need not think Kurt Cobain rivals Ludwig von Beethoven to enjoy listening to Nirvana. By the same token, one need not mistake Steve Kirby for Renoir or Stan Lee for Shakespeare to appreciate and enjoy their creations. Spiderman 2 may well be the best comic book movie ever made, and for some of us that really is saying something. Posted at 12:51 PM SENTELLE SETS THE RECORD STRAIGHT [Jonathan H. Adler] Judge David Sentelle of the U.S. Court of Appeals for the D.C. Circuit has taken the unusual step of issuing a press release responding to a factual error in Bill Clinton's memoir. The text is posted by How Appealing here. If I recall correctly, prior books attacking the "vast right0wing conspiracy" made the same mistake. Full disclosure: I clerked for Judge Sentelle for the court's 2000-01 term. Posted at 12:47 PM MICHAEL MOORE HATES AMERICA [Jonathan H. Adler] The mockumentary response to Michael Moore's crockumentaries is nearing completion, and Instapundit has other anti-Moore news. Posted at 12:46 PM MORE THOMAS AND SCALIA [KJL] Randy Barnett e-mails: When it comes to constitutional interpretation, Thomas is concerned almost exclusively with the original meaning of the text at the time of the founding (and sometimes the original intentions of the founders as well) or the original meaning of an amendment; Scalia is more willing to reshape this meaning in light of what our "tradition" which means how the Constitution came to be viewed from then until now. For Scalia, tradition after ratification plays a much more important role, in operation sometimes appearing to trump his concern for original meaning. I think this is because he is trying to find more definite content than he thinks is in the text, and root this content somehow in history rather than in what he views as judicial fiat. Thomas (like Lincoln) is more inclined to read the original meaning of the Constitution in light of the prior Declaration of Independence than subsequent tradition, perhaps because of his sensitivity about slavery. Posted at 12:45 PM IN DEFENSE OF COMIC BOOK MOVIES [Jonah Goldberg ] Take that anti-comic book man! It's clobberin' time! Posted at 12:39 PM RE: THOMAS & SCALIA [Mark R. Levin] Andy, both Scalia and Thomas are originalists, but originalists begin with the text and, if they need more, consider the historical context. But this isn't a rote exercise. Obviously, any two people, looking at the same set of facts, and applying the same analytical standards, don't necessarily come up with the same result. This isn't mathematics. Moveover, there are competing constitutional issues here, as in most cases. In the detainment cases, they involved habeas, due process, presidential powers, judicial review and separation of powers. I do not believe Thomas would have objected to Congress suspending habeas as a legitimate exercise of its constitutional power. In fact, in Hamdi he specifically quotes Justice Jackson for the proposition that Congress (and the president) have virtually sole authority in this area. But he also recognizes that whether or not Congress acts, the Executive has powers too. And that includes primacy in the conduct of war. In this there can be no doubt. I take it that you consider yourself an originalist, yet I believe we disagree on Hamdi, as do Scalia and Thomas. (See my short article posted this morning.) Moreover, as I have pointed out, and you did in your piece yesterday, the issue in Hamdi wasn't whether he had access to the courts. The government conceded he did. The question was the extent to which he could rebutt proof presented to the court in a habeas hearing. So, to me, habeas was not the issue. Now, having concluded that Hamdi had a hearing at which the government informed the court of the reasons for his detention, the constitutional requirement had been met. There's nothing in the Constitution that specifically justifies the Court's decision to apply some kind of due process analysis (confusing at that) on top of the habeas hearing in this case. Yet, the Constitution is quite clear about presidential supremacy in matters of war which, in my view, deserves deference. Posted at 12:31 PM RE: THOMAS & SCALIA [Jonathan H. Adler] I generally concur with Andrew, with a few caveats or clarifications. I generally see both Thomas and Scalia as textualists first, and then proponents of original meaning (as opposed to original intent) second. Thomas is certainly less wedded to precedent than Scalia, and is more willing to apply abstract principles where a clear, easy-to-apply rule of decision is absent. Thus, for example, Thomas is likely to be more open to arguments seeking to revive the protection of economic liberty or non-delegation doctrine than Scalia. For Thomas, this could be required by the text. For Scalia, this is simply an opportunity for judicial mischief. (Think Judge Bork's dismissal of the Ninth Amendment as an "inkblot.") I also think Baude's statement that “Thomas . . . sees himself as a staunch defender of the classically liberal vision of the country's founders” is defensible. Thomas is much more willing than Scalia to appeal to the principles of the Declaration of Independence, particularly on quetions of race. As I understand it, Thomas was heavily influenced by Harry Jaffa and others who see the Reconstruction Amendments as the perfection of the Constitutional project insofar as they realized the founding principles that all men are created equal and endowed with natural rights. This is not simply an abstract proposition to Thomas, but a constitutional principle that can be applied in proper cases. For more, see Thomas' speech to the Claremont Institute's 1999 Lincoln Day dinner. Posted at 12:31 PM GUYS GONE WILD [Jonathan H. Adler] I suppose some would view this as a landmark for women's liberation, but I doubt K-lo is rushing out to buy it. Posted at 12:24 PM O'REILLY'S MESS [Jonah Goldberg ] I'm agnostic about whether or not Cole's version of events is 100% accurate, but I think O'Reilly invited this mess upon himself. Update: link fixed. Posted at 12:23 PM COMICS ON THE DECLINE [Jonah Goldberg] I'm getting lots of email like this: I feel exactly the same way about my experience with comics growing up. I count at THE reason I am such an avid reader today. My concern is that I may not want to pass that experience on to my son (or daughter, but who are we kidding?). Have you checked out the standard Marvel titles today? The are chock full of the worst kind of relativism, political correctness, and left-wing values. There was always a strain of this when I was reading, especially in titles like X-Men and The New Mutants, but it is worse than anything I've seen. Moreover, they are coming close to porn these days. Characters in bed together, sex being a regular topic, etc. I guess I will start collecting the classic editions. Posted at 12:14 PM JONAH'S QUESTION & RC STUFF [KJL] I believe the way the deal works—going on my memory of Canon Law 101 at Catholic U (which I am still paying for)—is the bishop gets the suit and can choose to do nothing with it. In that case after 40 days it goes to the Roman Curia (bureaucracy) at the Vatican to act on, or sit on. I forget what all the rules are when Rome has it, but we’ll definitely cover this deeper after the weekend, if not before. My guess is Archbishop O'Malley in Boston will not do anything about the suit but, possibly, deny Kerry communion. The presence of the suit could possibly make Kerry stop making Catholic Mass a photo-op for him, but if it doesn't, his bishop really has little excuse to not make his status clear. And that's not to effect the election--I frankly don't know that any of this can help Bush, and it might even hurt him--but because it is the right thing to do: for the faithful individually and generally. That includes the Democratic candidate and a good number of the Republican convention's prime-time lineup (Pataki, Rudy, Arhnuld...). Posted at 12:14 PM RE: LET FREEDOM REIGN [Jonah Goldberg] From a reader: Jonah, Posted at 12:07 PM LIBERAL MEDIA [Jonah Goldberg] I'm not looking to start another big argument about Clinton haters versus Bush haters or even to get on a big jag about the press. But I do think one thing is indisputable in the wake of the Moore film. Bush hatred is simply more socially acceptable in elite circles than Clinton hatred ever was. Of course, there were Clinton haters in the elite liberal press, but their views were considered eccentricities. Among the elite media today it is considered perfectly rational or normal or even honorable to despise Bush. Posted at 12:04 PM | ||||||