-Caveat Lector- WJPBR Email News List [EMAIL PROTECTED] Peace at any cost is a Prelude to War! * Veritas Vos Liberabit * THE FEDERALIST(r) BRIEF The Conservative e-Journal of Record Date: 12 December 2000 Federalist #00-50.brf To retrieve today's Brief as HTML printer-friendly text, link to -- http://www.Federalist.com/current00-10.asp To support or sponsor The Federalist, link to -- http://www.Federalist.com/support.asp (EDITOR'S NOTE: Today, at the request of many of our subscribers, we are adding a new section -- "Reader Comments.") ______--------********O********--------______ PUBLISHER'S NOTE The Federalist is distributed without a subscription fee; however, our publishing expenses are substantial. Our mission and operations are funded by -- and depend entirely upon the voluntary financial support of -- you, our readers, at the end of each year. Your support is your vote for the distribution of The Federalist's conservative perspective to a growing audience hungry for truth. 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Box 507, Chattanooga, TN 37402-0507 CONTENTS: The Founders Insight Good News ICTUS Imprimis Faith & Family Culture Liberty Opinion in Brief Editorial Exegesis The Gipper Government Political Futures For the Record Policy Pages Reader Comments The Last Word ______--------********O********--------______ THE FOUNDERS "The preservation of a free government requires not merely, that the metes and bounds which separate each department of power be invariably maintained; but more especially that neither of them be suffered to overleap the great Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are slaves." --James Madison ______--------********O********--------______ INSIGHT "A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves money from the public treasure. From that moment on the majority always votes for the candidates promising the most money from the public treasury, with the result that a democracy always collapses over loose fiscal policy followed by a dictatorship. The average age of the world's great civilizations has been two hundred years. These nations have progressed through the following sequence: from bondage to spiritual faith, from spiritual faith to great courage, from courage to liberty, from liberty to abundance, from abundance to selfishness, from selfishness to complacency from complacency to apathy, from apathy to dependency, from dependency back to bondage." --Lord Alexander Tytler on the fall of the Athenian republic ______--------********O********--------______ GOOD NEWS "Never be lacking in zeal, but keep your spiritual fervor, serving the Lord." (Romans 12:11) "For this very reason, make every effort to add to your faith goodness; and to goodness, knowledge; and to knowledge, self-control; and to self-control, perseverance; and to perseverance, godliness; and to godliness, brotherly kindness; and to brotherly kindness, love." (2 Peter 1:5-7) "But select capable men from all the people -- men who fear God, trustworthy men who hate dishonest gain -- and appoint them as officials over thousands, hundreds, fifties and tens." (Exodus 18:21) "Now faith is being sure of what we hope for and certain of what we do not see." -- (Hebrews 11:1) ______--------********O********--------______ ICTUS IMPRIMIS "If our faith is not relevant to our daily life in the world and in the parish, then it is no use; and if we cannot be Christians in our work, in the neighborhood, in our political decisions, then we had better stop being Christians. A piety reserved for Sundays is no message for this age." --Douglas Rhymes ______--------********O********--------______ FAITH & FAMILY "Prayer is political action. Prayer is social energy. Prayer is public good. Far more of our nation's life is shaped by prayer than is formed by legislation. That we have not collapsed into anarchy is due more to prayer than to the police. Prayer is a sustained and intricate act of patriotism in the largest sense of that word -- far more precise, loving, and preserving than any patriotism served up in slogans. That society continues to be livable and that hope continues to be resurgent are attributable to prayer far more than to business prosperity or a flourishing of the arts. The single most important action contributing to whatever health and strength there is in our land is prayer." -- Eugene Peterson ______--------********O********--------______ CULTURE "It is hard to imagine a community wholly without public standards; among other things this would mean a community governed without predictability. ...In such a society, the ruler has the theoretical right to command without having set standards because his subjects are in some sense his property." --Jeffrey Bell ______--------********O********--------______ LIBERTY "The most successful revolutions aren't those that are celebrated with parades and banners, drums and trumpets, cannons and fireworks. The really successful revolutions are those that occur quietly, unnoticed, uncommemorated. We don't celebrate the day the United States Constitution was destroyed; it didn't happen on a specific date, and most Americans still don't realize it happened at all. We don't say the Constitution has ceased to exist; we merely say that it's a 'living document.' But it amounts to the same thing." --Joseph Sobran ______--------********O********--------______ OPINION IN BRIEF YES, BUT IN TENNESSEE... While we are waiting for the next inning in Albert Gore's championship Coup D' Tort sport, consider this.... The media talking heads and Gore's legal brigade have repeatedly claimed that George Bush is asking for the exclusion of recounts in Florida, which would be legal in his home state of Texas. Of course, this claim is not accurate. The fact that Florida was not subject to the laws of the state of Texas on November 7th notwithstanding, Gore is asking for subjective hand recounts with standards that vary county by county -- Texas law does not accommodate "dimples." That having been said, we thought it curious that no one has mentioned a word about what Tennessee law says regarding recounts -- since Gore claims to hail from the Volunteer State. Is the Vice Prevaricator asking for recounts in Florida that Tennessee does not allow? We put our crack team of legal analysts on the case and here is what we found. In Tennessee, a disappointed candidate for elected office can file a lawsuit to contest an election. (There is no automatic statutory right to a recount.) Of course, anyone can sue for anything.... But, in the most recent relevant case (Lee v. Tuttle, 965 S.W.2d 483), the Tennessee Supreme Court denied a 1998 request for a recount, holding that prior cases did not "stand for the proposition that courts should go behind official results whenever a contestant alleges irregularities or honest mistakes occurring during the tallying of legal votes. Such a holding could potentially render every election subject to both a recount and judicial scrutiny.... Absent fraud or illegal votes, courts should strive to refrain from interfering with official election returns." Now, as fitting punishment for pushing the country to the brink of a constitutional crisis, Albert Gore should have to write the aforementioned holding on a blackboard repeatedly -- once for each vote cast nationally on November 7th. Further, Tennessee's court ruled, "We, therefore, hold that contestants must show to a mathematical certainly that but for the mistakes or irregularities they would have been victorious when election contests are predicated on mere irregularities or honest mistakes in the tallying of legal votes.... [T]he...policy was uniformly applied to every ballot and, therefore, had a potentially equal impact on all candidates. ... Accordingly, the plaintiff's proof is speculative...." The Tennessee court ruling tracks with The Federalist's assertion rendered the day after Gore filed his first recount suit: The underlying assumption in national elections is that the aggregate flaw of vote tallies across the nation -- or in any state -- is randomly, thus equally, flawed. Thus, selecting a few heavily Democrat voter regions for a recount, and then a subjective "hand count," skews the randomness of such flaws, adulterating the accuracy of the entire election process. Thus, as it turns out, Albert Gore's suit asks for recounts that were not only not authorized by Florida law on November 7th, but are also illegal in his "home state" of Tennessee, which, you may recall, awarded George Bush its 11 electoral votes. Gore's original demand for recounts violates the 14th Amendment's provisions for equal treatment of voters -- and still does! The U.S. Supreme Court should send down a unanimous ruling on that basis -- end of story! In other ballot counting news, Florida's Supreme Court thumbed their nose at the U.S. high court and ruled again, 6-1 for Gore, on the case the U.S. court set aside last week. Meanwhile, a federal appeals court has upheld a Florida court's rejection of Gore surrogate efforts to throw out thousands of military ballots. And if you don't already have enough evidence of the Sociocrats' double standards when it comes to counting votes, yesterday Senate Minority Leader Tom Daschle blocked passage of a bill authorizing polling stations on remote U.S. military installations and easing the process of absentee balloting for military personnel. (Of course, Bill Clinton and Albert Gore also oppose the measure.) Demo-dweeb Douglas Dworkin declared, "This policy is based on sound public policy of maintaining strict separation between the military and the political process. The policy of separating the military and partisan politics is critically important to maintaining public support for and confidence in our armed forces, as well as maintaining good order and discipline within military ranks." In other words, the Democrats want to maintain a "strict separation" between military voters and Republican candidates. And, who actually believes that Clinton-Gore have ever had, as their first priority, the objective of "maintaining good order and discipline within military ranks." Observations points from the Coup D' Tort... "Mr. Gore's challenge became detached from its rational moorings sometime in mid-November. He and his supporters are propelled ever onward by the corrosive fuel of a partisan ambition. Is it likely that the Supreme Court will be left unscathed?" --The Wall Street Journal's Tunku Varadarajan on the likelihood that Albert Gore's "scorched earth" suit for the White House will roast the Supreme Court. "This is what happens when for the first time in modern history, a candidate resorts to lawsuits to try to overturn the outcome of an election for President. It is very sad. For Florida, for the nation, and for our democracy." --James Baker "If this is concluded in the next 48 hours, the person who is on the losing side of this should go and meet with the winner. Whether that means Al Gore going to Austin or Governor Bush coming to Washington, there should be an immediate embrace following this, and put this issue behind us once and for all." --Sen. Robert G. Torricelli But other Sociocrats expect the legal battle to go on until Gore finds the right count. "I don't know that it is entirely over. I think it presents another step in the process." --Sen. Tom Harkin "I hope all Americans understand that even if the Supreme Court does what it's threatening to do -- which is to say we're not going to let you look at the ballots; we're going to say George Bush is the winner -- that will not make him the president." --Former New York Gov. Mario Cuomo, the consummate Demo-gogue. "All that we bled for and suffered for the last 25 years is now in the balance here today. This case is up there with the Dred Scott level of case; did the black man have a right the white was bound to respect? If this court rules against counting our vote, it will simply create a civil rights explosion. People will not surrender to this tyranny. We will fight back. ... [These are] nazi tactics! ... We will take to the streets right now, we will delegitimize Bush, discredit him, do whatever it takes, but never accept him." --Jesse Jackson, Albert Gore's key conduit mouthpiece to the "disenfranchised." 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