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THE FEDERALIST(r) DIGEST
The Conservative e-Journal of Record

Date: 23 June 2000
Federalist #00-25.dgst

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THE FOUNDATION

"When the government fears the people, there is liberty. When the
people fear the government, there is tyranny." --Thomas Jefferson


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FEDERALIST PERSPECTIVE

In the news this week, the Supremes ruled that Texas public school
districts can't let students lead a crowd in prayer before football
games. "School sponsorship of a religious message is impermissible
because it sends the ancillary message to members of the audience who
are nonadherents that they are outsiders, not full members of the
political community, and an accompanying message to adherents that
they are insiders, favored members of the political community," wrote
Justice John Paul Stevens.

Memo to Justice Stevens: Does this cover all the "New Age" babble
being uttered in the classroom? We will buy you a steak dinner if you
can find the words "separation of church and state" -- or anything
even close to those words -- in our Constitution, a document which,
its author said in the Federalist Papers, should never be subject to
"interpretation."

Stevens added, "Fundamental rights may not be submitted to a vote." We
think that is precisely what the majority of the court did in this
case.

"There is nothing in the Constitution giving the Supreme Court the
authority to decide the constitutionality of federal laws, let alone
state laws," notes Von Mises Institute scholar Lew Rockwell. "These
dictators in black have no authority to tell a Texas school that it
may not have prayer before a football game. The First Amendment simply
prevents the feds from establishing a religion; the states are free to
do as they choose."

More to the point, the RNC's Jim Nicholson says, "Six of nine Supreme
Court justices have chosen to severely weaken the First Amendment's
explicit guarantee of freedom of religious expression."

Our favorite Demo agitator, Rep. James Traficant added, "The Supreme
Court says pornography is OK and it is OK to burn the flag, that
communists can work in our defense plants, that it is OK to teach
witchcraft in our schools and that it is OK for our students to write
papers about the devil. But the Supreme Court says it is illegal to
write papers about Jesus, it is illegal to pray in school, and now the
Supreme Court says it is even illegal to pray before a football game.
.. I thought the Founders intended to create a Supreme Court, not the
Supreme Being. Think about that statement. I yield back a Supreme
Court that is so politically correct they are downright stupid, so
stupid they could throw themselves at the ground and miss."

The Federalist position in this case is, of course, that decisions
about prayers in public settings should be left to the several states,
which would be well-advised to then remand particular decisions to
localities and school districts.

This case is a fine example of why the Founders opposed direct
taxation. The federal government forcibly takes money from taxpayers
in every state, then returns to those states the portion of those
taxes not consumed by the bureaucracies' "handling fee" -- in this
case, by the U.S. Department of Education -- along with all the
central government's mandates in tow. Thus, the fact that schools use
"federalized" dollars is cited as "justification" for such asinine
federal bench rulings.

For almost forty years, the High Court has endeavored to remove any
acknowledgement of God from schools. Of this ruling, Chief Justice
William Rehnquist notes in his dissenting opinion, "Even more
disturbing than its holding is the tone of the court's opinion: It
bristles with hostility to all things religious in public life." The
ruling may well have broader implications for other "public square"
expressions of faith.

This seems an appropriate place to make a point about the "centrist"
leanings of George W. versus the radical left policies of Al Gore.
While our Editorial Board takes exception to Mr. Bush's "rush to the
center," the fact remains that the next president may replace as many
as three Supreme Court justices (including William Rehnquist, who is
75 years old). The Court now precariously hangs in 5-4 balance on most
major issues, including federalism. While our Editorial Board would
most like to see a trustworthy conservative like Dr. Alan Keyes making
those appointments from the White House, the thought of Al Gore making
those appointments is, to say the least, unsettling!

This is why our Editorial Board makes the recommendation that
conservative activists dedicate their efforts to electing
conservatives to Congress, especially those principled enough to hold
a president accountable, such as by withholding confirmation of bad
nominees.

Open Query...

In a recent interview with PBS anchorman Jim Lehrer, Al "I Invented
Prosperity" Gore was asked: "Let me read you what Governor Bush said
about it. 'The momentum of today's prosperity began in the 1980s with
sound money, deregulation, the opening of global trade and a 25
percent tax cut.' Has he got it wrong?"

The BIG lie...

Gore responded to Lehrer: "Oh yeah, of course. Because we had a
miserable economic performance in the 1980s, and you don't have to
take my word for that. Just ask anybody on the street who went through
it. We had the worst recession since the Great Depression of the
1930s."

Brent Bozell shed a little light on Gore's perception of the 80's:
"How on earth can anyone pretend that we had a 'miserable economic
performance' on a national scale in the 1980s? Reagan saved America
from Jimmy Carter economics: inflation went down from 13.5 to 4.1
percent; unemployment, from 9.5 to 5.2 percent; the federal discount
rate, from 14 to 6.5 percent; the number of jobs up almost 20 million;
median family income up every year from 1982 to 1989. It was the
greatest peacetime expansion in history."

>From "The most ethical administration"...

"After this election, assuming we get a new attorney general, I think
I will be sending criminal referrals," says House Government Reform
Committee Chairman Dan Burton, who will seek criminal prosecutions of
Clinton, Gore and Reno if Mr. Bush is elected. "I think Janet Reno has
blocked for the president, as have her top officials over at the
Justice Department," said Mr. Burton. "I think they've made a mockery
of justice."

News from the Swamp...

The House of Commons voted 218-207 to bar the Department of Housing
and Urban Affairs from expanding or administering the Communities for
Safer Guns Coalition -- Clinton's quid pro quo with gun makers --
specifically, Smith & Wesson. With S&W's acquiescence, more than 400
coalition localities have agreed to make S&W a preferred contractor
for their law enforcement agencies' weapon acquisitions.  Rep. John
Hostettler, said the vote would mean "local law enforcement agencies
won't feel pressure from a federal agency ... in the procurement of
firearms."  HUD Secretary Andrew Cuomo said the vote "strikes at the
heart of HUD's ability to work with local communities to reduce the
awful toll of gun violence."

Memo to Andy: It's not a "gun problem."

The House of Lords voted 57 to 42 to approve Teddy Kennedy's expanded
federal "hate crimes" classification, to include sexual orientation as
a special category for "hate crimes." In effect, the measure punishes
similar crimes unequally, implying that some murder victims are more
valuable to society than others.

In the halls of justice on the right...

A federal judge in Louisville, KY ended a 25-year-old desegregation
plan for that city's government school system. Black parents
complained that the plan actually discriminated against their children
-- that racial quotas were keeping their children out of the higher
performing magnet schools. It was the first case where black citizens
have challenged a desegregation decree.

In other "justice" news, the $675 million lawsuit brought by the
families of 80 Branch Davidians, who died in the federal FBI's assault
on their Waco, Texas, compound, began this week. Among the statements
submitted by the plaintiffs were those ATF agents gave to Texas
Rangers following the assault on the Mount Carmel compound.  "I didn't
see anyone shooting at our people," a sniper said. Another agent said,
"At no time did I see any occupant, other than shadows moving."  Mike
Bradford, defending the government's action, said, "The evidence will
show that the responsibility [for the deaths] should not be placed on
the shoulders of the brave men and women of the ATF and the FBI. David
Koresh and the Branch Davidians themselves were responsible for those
events."

The Davidians were a less-than-orthodox cult group, but there was no
more justification for the assault on their compound than there was
for the consequential assault on the Murrah Federal building in
Oklahoma City -- end of story!

>From the "Department of Justice Served" Files...

The State of Texas executed convicted murderer Gary Graham, whose
"cause celeb" status was heralded in the last week by all the regular
suspects -- Geraldo, Jesse Jackson, Al Sharpton and glitterati like
Bianca Jagger.

George Bush refused to intervene saying, "When I was sworn in as
Governor of Texas, I took an oath to uphold the laws of our state,
including the death penalty. My job is to ensure our state's laws are
enforced fairly. This is a responsibility I take very seriously
because the final determination of innocence and guilt is among the
most profound and serious decisions a person can make. ... Over the
last 19 years, Mr. Graham's case has been reviewed more than 20 times
by state and federal courts. Thirty-three judges have heard and found
his numerous claims to be without merit. ... After considering all the
facts, I am confident justice is being done. May God bless the victims
of these crimes, their families, and Mr. Graham."

Regarding your IRS overpayment...

Projecting an even greater budget surplus (read "tax overpayment"), to
coincide with Al Gore's "prosperity tour," Clinton said, "What got us
to this unbelievable point to have this discussion at all was
discipline, fiscal discipline, arithmetic, being careful,
understanding that a projection is just that. I think it would be a
grave error to plan to spend every penny of this, particularly on tax
cuts or other things that are so unavoidable because they may not get
it back."  Get it back? Tax cuts mean you don't give it up!

In other news of squandered taxes, according to the U.S. Department of
Housing and Urban Development's own Inspector General, taxpayers have
been bilked out of almost $1 billion due to waste, fraud and abuse.
The IG audit shows that in 1998 alone, HUD handed out $935 million in
housing subsidy overpayments through its Section 8 housing assistance
program for very low-income tenants.  Perhaps Secretary Cuomo should
spend a little more time on matters pertaining to HUD than serving as
a water boy for the Clintonistas' gun control agenda.

>From the department of military readiness...

The Xinhua News Agency, Communist China's state-run news service, has
purchased an seven-story apartment building overlooking the Pentagon's
"E-ring," claiming it will serve as the new headquarters for its
Washington news bureau. Xinhua is an arm of the Reds' extensive
intelligence-gathering network.

>From the states...

Tennessee is one of 8 states that do not have an income tax. Last
year, Tennessee Governor Don Sundquist, in his 1999 State of the State
address, had this to say about an income tax in his state: "You will
hear from those who say we ought to preserve special breaks for some
businesses and impose an income tax on working Tennesseans. That's not
tax relief; it's not tax reform; and it's not fairness.  All an income
tax does is raise the tax burden on Tennesseans and create a way to
finance the easy and endless expansion of government.  Tennessee does
not need a state income tax."

This year, fresh from the "Read My Lips" Files, after being re-elected
on his promise not to support an income tax, Sundquist has joined
Democrat leadership in Tennessee calling for a state income tax. "I go
to these national governors' meetings and I'm jealous and embarrassed.
I have to listen to all these states with huge surpluses trying to
figure out how to cut their taxes, and here we are at the bottom
without a way to collect from people who ought to be paying."  People
who ought to be paying?

Tax protestors have surrounded the state capitol building in Nashville
each time the legislature has met to discuss an income tax. Responding
to almost universal opposition, the legislature has, thus far, refused
to sign up for Sundquist's tax plan. Sundquist, meanwhile, says he
will veto any budget that is not financed with an income tax.

National Review is on the case. "Sundquist, easily the worst governor
in America, continues to push a first-ever income tax in the Volunteer
State.  Sundquist is now routinely booed at Tennessee professional and
collegiate sporting events."  He is routinely booed anywhere he shows
his face!

Further north, New Hampshire Governor Jeanne Shaheen, a Democrat,
announced her bid for reelection and refused to renew her pledge to
veto an income tax.  Though she has twice before taken that pledge,
she said this time around, she could not, "whatever the political
price."  At least she had the integrity to let voters know -- before
they go to the polls -- that a state income tax will be on the table
if she is elected.

The "Dumb and Dumber" Department...

>From the "Lost and Found" Files, those hard drives "missing" from Los
Alamos nuclear labs were found behind a Xerox machine where, it is
rumored, an inept spy attempted to "copy" them. They were sitting
between a stack of billing records from HILLARY!'s days at the Rose
law firm and a stack of FBI background files on Republican operatives.
Sources tell The Federalist that the classified data on the drives may
have overwritten with 15 months of Al Gore's missing e-mail.

In related news, on the heels of this most recent DOE snafu, Energy
Secretary Bill Richardson's chances of becoming Gore's V.P. were found
in the recycle bin next to that Xerox machine. Demo-gogue Sen. Robert
Byrd had this to say about Richardson: "I think it's a rather sad
story -- that you had a bright and brilliant career [and] that you
would never again receive the support of the Senate of the United
States for any office to which you might be appointed."

Around the world...

Don't call them "rogue nations" anymore, demands Secretary of State
Madeleine Albright, who announced that the State Department will start
calling North Korea, Iraq, Libya, et al. "states of concern" instead.
It's just not nice! Spokesman Richard Boucher said the United States
is still prepared to respond forcefully "if we see states of concern
that continue to be of concern because they are not willing to deal
with some of the issues we are concerned about."

Speaking of "rogue nations," plans to ease sanctions against North
Korea took effect, as part of the embargo against the nation was
lifted this week. A fine example of a functional Communist
dictatorship, North Korea's economic output has fallen by one half
since 1991, with staple grain output 1 million tons below what the
country needs to meet its citizens' basic consumption demands.

On the frontiers of junk science...

The University of Cincinnati has coined a name for the "disease"
people exhibit when they lose their tempers.  It's called
"intermittent explosive disorder" or "HILLARY! rage blackout."

Culture comment...

>From the "Politically Challenged" files, Thomas Sowell puts PC into
perspective: "The very tactics of those totalitarian movements --
intimidation, demonization, and disregard of all rules in favor of
politically defined results -- have become hallmarks of political
correctness today. Some people think political correctness is just
silly. But many people thought Hitler was just silly before he took
power and demonstrated how tragically mistaken they were."

And last, "This war will be fought not on the frontier nor on distant
battlefields, but among our homes. Our children will learn of it from
their own eyes..." says Mel Gibson's Benjamin Martin character in his
new film, "Patriot," about the Revolutionary War. The leftists are
outraged by one scene where Gibson's character, after British Redcoats
kill one of his sons, gives his 13- and 10-year-old boys muskets and
tells them to join the battle. As for the Hollywood criticism about
showing children using weapons to kill opponents, Gibson says he has
trained his own children to shoot, and would let them take up arms in
self-defense. The film will be opening over Independence Day weekend.




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A vote for Bush or Gore is a vote to continue Clinton policies!
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Don't waste your vote!  Vote for Patrick Buchanan!


Today, candor compels us to admit that our vaunted two-party system is a
snare and a delusion, a fraud upon the nation. Our two parties have become
nothing but two wings of the same bird of prey...
Patrick Buchanan

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