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Title: THE FEDERALIST







27 October 2003
Federalist No. 03-44
Monday Brief

CONTENTS:
The Foundation
Insight
ICTUS Imprimis
Family
Culture
Liberty
The Gipper
Opinion in Brief
Government
Re: The Left
Political Futures
For the Record
Reader Comments
The Last Word

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THE FOUNDATION

"The truth is, that, even with the most secure tenure of office, during good behavior, the danger is not, that the judges will be too firm in resisting public opinion, and in defence of private rights or public liberties; but, that they will be ready to yield themselves to the passions, and politics, and prejudices of the day." --Joseph Story


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INSIGHT

"[M]ore and more we need understanding and appreciation of those principles upon which the republic was founded. What were those 'self-evident' truths that so many risked all for, fought for, suffered and died for? What was the source of their courage? Who were those people? I don't think we can ever know enough about them." --David McCullough


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ICTUS IMPRIMIS

"Every logical position will eventually lead you into trouble, and heresy, and chaos. Every logical position is consistent, but it is logic which is in the human mind, not God's logic. The human mind is finite and cannot grasp eternity, and therefore the finite mind sees the infinite as not graspable coherently. If we could grasp it all coherently, without contradiction, we would be God. The person who insists on being logical to the end winds up in a mess. I am not saying that we should not be rational. I am not anti-intellectual. I am saying that the intellect by itself is helpless to arrive at total truth." --Kenneth L. Pike


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FAMILY

"At the rate our government schools are going, they'll be holding teen wedding ceremonies during recess if we're not careful. The government sure knows how to pile on the programs. Do you think it ever occurred to education policymakers that the reason we now have teen day care is because we started teaching sex education in the first place? I don't think this thought occurred to [former] First Lady Hillary Rodham Clinton, author of 'It Takes A Village'. Sorry Hillary --school is no substitute for a child's family. According to African tradition, the village you mention in your book refers to private citizens tending to the needs of neighbors. Sort of like being our brother's keeper. Like all good government socialiasts, the [former] First Lady has stretched the concept 'It takes a village to raise a child' to mean that government can usurp authority over parents." --Star Parker


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CULTURE

"Unfortunately, the 200th anniversary of the Lewis and Clark expedition, which charted President Thomas Jefferson's prescient Louisiana Purchase and opened up the American West, is getting a lukewarm reception as it makes its way across the country, tracing the footsteps of this historic journey. Tepid crowds are greeting the re-enactors, which shouldn't be a surprise in the wake of academia's roughly 40-year assault on what used to pass for conventional American history. Is it any wonder that with a curriculum that reduces the accomplishments of Jefferson and the other Founders to 'slave owners' the Corps of Discovery would be viewed as a less-than-noble lot? ... Just ask Emily Isaacs, age 10, a fifth-grader.... Did you study Lewis and Clark in school? 'We did a little bit,' she said sheepishly, 'last year.' What can you tell me about them? 'I can't think of anything,' she said after an awkward silence. And while she didn't know much about Lewis and Clark, she knew a lot about Columbus. 'He brought over diseases,' she said eagerly. It reminded me of the time I asked my nephew what he'd learned in school about World War II. 'Well, I know the Germans were bad,' he said with equal trepidation. 'But I know we were bad, too.' In their defense, neither is the class dunce. They're merely repeating what passes for history these days." --Wall Street Journal


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LIBERTY

"Over the past three decades, our Founding Fathers have fallen on rough times. Disparaged by liberals and slandered by post-modernists and cultural Marxists, their portraits have been removed from public buildings and their presence stricken from textbooks. It is possible today for American students to pass through elementary school and high school, and obtain a university degree, without gaining any appreciation for the men who founded their country. The horrendous events of Sept. 11 taught Americans that denunciations of their heritage have consequences that go beyond the babbling of crackpot academics and minority 'leaders.' Patriotism and our flag made a comeback." --Paul C. Roberts


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THE GIPPER

"Not too long ago, two friends of mine were talking to a Cuban refugee, a businessman who had escaped from Castro, and in the midst of his story one of my friends turned to the other and said, 'We don't know how lucky we are.' And the Cuban stopped and said, 'How lucky you are! I had someplace to escape to.' In that sentence he told us the entire story. If we lose freedom here, there is no place to escape to. This is the last stand on earth." --Ronald Reagan


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OPINION IN BRIEF

"Supply-siders differ from demand-siders in that they stand with the tradition of classical economics, which focuses on the production, that is, supply of goods. This is in contradistinction to Keynesian economists who focus on the demand for them. Supply-side economists recognize that an economic transaction requires both the supplier of goods and a buyer or demand for them. But they go on to say that supply is more crucial. Demand is easy; the trick to a good economy is not in figuring out ways to get people to demand more, because human demand is infinite. The trick to successful economic growth consists in creating an environment in which incentives are provided to produce new goods and services. Supply-siders believe that government policy is best focused on eliminating disincentives toward or disruptions of the processes by which entrepreneurs produce their products. They focus on taxation, monetary policy and regulation. Although the supply-side school is principally associated in the public mind with tax cuts, supply-side economists recognize that monetary and regulatory policy can be every bit as detrimental to the process of wealth creation as high taxes." --Jerry Bowyer, from his new book, "The Bush Boom" --definitely required reading for informed fiscal conservatives.


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GOVERNMENT

"In a free society, government has the responsibility of protecting us from others, but not from ourselves. Before government got into the business of protecting us from ourselves, we did have a greater measure of protection from others. Yesteryear's children rode their bikes or walked to a friend's house, knocked on the door and let themselves in. Many families didn't lock doors until the last family member was home for the evening, and they did that in poor neighborhoods like the one I grew up in. Yesteryear, when we went off to school, parents might have worried about our crossing streets safely. Today's parents have a different set of worries, such as whether their child will be shot, stabbed, robbed, raped or given drugs in school. During the pre-1960 years, neighborhoods --including poor neighborhoods --were safe enough for women to walk the streets after dark. In fact, in places like Harlem, N.Y., hot, humid nights saw children and adults sleeping on fire escapes and rooftops. Doing the same today might lead to arrest for attempted suicide. Speaking of crime, if children did have a scrape with the law, our parents sided with the police. Don't you wonder how so many Americans made it without today's oppressive, caring, nanny government?" --Walter Williams


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RE: THE LEFT

"Liberal-left activist groups with pretty names like the People for the American Way, the American Civil Liberties Union, and the National Association for the Advancement of Colored People all understand that much of what they want cannot be enacted into law by legislators who have to face the voters at the next election. It can only be enacted into law from the judicial bench by judges with lifetime jobs, pretending to 'interpret' the law when in fact they are creating law. Judges who oppose having courts engaging in social engineering are likely to find their own nominations opposed by liberal special interest groups, whether their names are Robert Bork, Clarence Thomas or Janice Rogers Brown. And, since the real reasons for opposition to such judges cannot be admitted publicly, phony reasons have to be concocted --and repeated endlessly through the media until they become 'well-known facts.'....The character assassins have perfected their art over the years --the dramatic demonstrations staged for the media, the damning charges, the strident rhetoric, the sly innuendo. The question is whether the administration that nominates people for judicial appointments is similarly skilled and similarly dedicated to defending them in the arena of public opinion....Is there any game plan in the White House or the Justice Department to get the truth out about Justice Janice Rogers Brown or will the lies have a field day? If there is a plan, there is still no sign of it at this eleventh hour. --Thomas Sowell


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POLITICAL FUTURES

"The administration's critics would be more credible if they had a few doubts of their own concerning their own judgments, such as their reiterated insistence that only mendacity can explain the failure, so far, to find weapons of mass destruction. After all, they say, Rumsfeld, the president and Secretary of State Colin Powell repeatedly asserted that Iraq's weapons programs posed an 'imminent' threat. Such assertions by those three officials may have numbered...zero. Rumsfeld is more bemused than angered, and certainly not shocked, that critics profess themselves shocked and angered because he, Powell and the president supposedly said, repeatedly, something that none of them actually ever said. ... The remarkable souring of political argument in 2003 continues as some Democrats, with their calculated extravagance, insist there was 'no plan' for postwar Iraq. But if that were so, how is it that we have gone, in just six months, from zero to 85,000 Iraqis participating in providing security? And what was all that work done with the World Food Program before the war? ... Critics correctly fault the mistaken certitude of some of the administration's prewar pronouncements. But critics indicting the administration not merely for mistakes but for meretriciousness would do well to avoid that in their indictments." --George Will


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FOR THE RECORD

"Clinton said all the same things about Iraq that Bush did --that Saddam had WMDs, that he would use them, that he was a threat, etc. But he didn't do anything about it because he couldn't get French and Russian support for taking any action. Under Clinton, the inspections had ended, and the sanctions would eventually have ended too --because that's what the French wanted." --Rich Lowry


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SELECT READER COMMENTS
(Our servers automatically delete "Reply" messages to this e-mail. To submit comments for publication, link to -- http://Federalist.com/[EMAIL PROTECTED] Please hold your comments to 75 words if you want them posted. To view reader comments, link to -- http://Federalist.com/main/[EMAIL PROTECTED] )

"The Federalist recently said of New Hampshire elect Vicky Gene Robinson, 'If Robinson had any sense of Christian humility, he never would have offered himself as a candidate, knowingly precipitating this controversy.' It is precisely such insight, far above the media din and spin, that makes The Federalist such a fine source of news and opinion. You conclude: 'The core issue conflicting the Episcopal and many other denominations, is not church unity or tradition or politics or even homosexuality, per se. It is about Scriptural authority -- the relevance of God's word as received through Holy Scripture, the historic foundation of the Christian church.' For this reason, your extraordinarily clear essay on the subject ( http://federalist.com/papers/03-32_paper.asp ) should be read by Christians of every flavor, not just Episcopalians."

"Help me understand gun control on plastic guns (which can go undetected): Scenario---A hijacker uses a plastic gun to take over a plane that crashes into a building. Can we then prosecute him for having a plastic gun in a federal crime? Great thinkers, those Dumbo-crats."

"Federalist No. 03-43 stated that Alger Hiss was the first UN Secretary General. Trygve Halvdan Lie from Norway was the first Secretary General, elected on 01 February 1946. And Hiss was not convicted of spying.
Editor's Reply: Indeed -- more accurately, Alger Hiss was Secretary General of the San Francisco Conference that organized the United Nations. He was convicted of perjury (the statue of limitations had run out on the espionage charges) for lying about giving secret documents to another Communist spy, Whittaker Chambers. Of his stint in the big house, Hiss said, "Three years in jail is a good corrective for three years at Harvard." Of a more recent notable case of perjury, one might conclude three years in prison might also have been a good corrective for Bill Clintons schooling at Yale.

"On the issue of spam, Federalist No. 03-43 noted that you support this legislation but 'legislating an end to spam is all but impossible given current technological limitations.' Tell it to my ISP. I've only received one unsolicited email in the past four months, my ISP accurately put that one in my Bulk mailbox."
Editor's Reply: Yes, but interdiction by legislation is very different than interdiction by your ISP. We fully support anti-spam legislation, but all good intentions aside, bulk-mailers will not comport with this legislation and there is no way to force compliance as there is, as of yet, no way to accurately identify senders of such e-mail who choose to conceal their identity. We wish there was a way to stop spam via legislation because often times when ISPs intervene, they have a tendency to indiscriminately kill legitimate e-mail. For example, some 30,000 subscribers on AOL lost their Federalist for two weeks when AOL "interpreted" the large number of legitimate Federalists being sent to their domain subscribers as "spam."

"It appears The Federalist has fallen into a trap -- arguing for First Amendment rights unless such speech annoys you. Anti-spam legislation is just the latest encroachment on the First Amendment."
Editor's Reply: You have fallen into the "elastic constitution" trap. To suggest that unsolicited commercial e-mail constitutes "speech" in the First Amendment context, is to suggest pornography is "speech." Canning commercial spam is not an abridgement of speech in the Constitutional context.


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THE LAST WORD

"Hey, has anyone else noticed that you never see Osama bin Laden and Ted Kennedy in the same place at once?" --James Taranto

Lex et Libertas --Semper Vigilo, Paratus, et Fidelis! Mark Alexander, Publisher, for the editors and staff. (Please pray on this day, and every day, for our Patriot Armed Forces standing in harm's way around the world in defense of our liberty, and for the families awaiting their safe return.)

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