Big Elephant Hunting in Texas II RIPON

APRIL, 1973 Vol. IX, No. 7 ·ONE DOLLAR

I DiallDosinll Abortion and the Court CONTENTS C'ommentary Features Politics: Reports ...... 11 Douglas S. Harlan, who was the GOP's congres­ What the Country Needs Now: Energy 4 sional candidlate in Texas's 21st C.D. in 1972, holds a Ph.D. in government from the University of Tex­ Tanya Melich, the FORUM Editorial Board's res­ as at Austin where he is now a law school student. ident environmentalist, contends that compromises He summarizes the current state of Texas poli­ between environmentalists and energy interests tics in ''Home on the Connally Range." will have to be reached if the United States is going to be able to develop sufficient energy re­ Politics: Reports ...... 16 sources without large-scale dependence on the Abortion, Kentucky, Utah, New Mexico, and South Middle East. . Carolina. Politics: Profiles 19 South Dakota Treasurer David Yolk Bind Him Down From Mischief . 6 Politics: People... 19 Gregory G. Rushford, once active as a researcher­ writer in Congress and the McCloskey presiden­ Duly Noted: Books .... 28 tial campaign and now working with a public af­ The New Majority and American Presidents and fairs consulting firm in Washington, D.C., explains the Presidency. the task of the Senate's Church-Mathias com­ mittee investigating presidential war powers. The committee should begin hearings this month. Duly Noted: Politics 29 Letters 30 14a Eliot Street 31 The Supreme Court and Legitimate State Interest .. 8 Reader Note The FORUM will shortly be printing its 1972 in­ In the first of two Commentary articles on abor­ tion, Robert G. Stewart, president of Ripon's Cam­ dex. If you are interested in receiving a copy, please bridge Chapter and a third-year law student at send $.25 to cover mailing and printing costs to Ripon Harvard University, analyzes the Supreme Court's decision on abortion FORUM, 14a Eliot Street, Cambridge, Mass. 02138. Remember: include your Zip Code. Secondly, to facili­ tate renewals and printing of the FORUM, please reply The Abortion Detision .... 10 to your third renewal notice by the 15th of the month. Otherwise, we cannot guarantee uninterrupted delivery In the second Commentary article on abortion this month, John C. Robbins, chief executive officer of the FORUM. of Planned Ptarenthood-World Population, explains the implications of the Supreme Court's decision THE RIP.ON FORUM Is published semi-monthly by the for state legislation. Ripon Society, Inc., 140 Eliot Street. Cambridge. Massachusetts 02138. Second class PQstage rates paid Boston. MaBBachusetts. Contenls are copyrighted @ 1972 by the Ripon Society. Inc. Correspondence to the Editor Is welcomed. In publishing this magazine the Ripon Society seeks to provide a forum for a spirit of criticism. Innovation. and independent thlnk­ ing within the Republican Party. Articles do not neceBBarily rep­ resent the opinion of the Ripon Society. unless they are explicitly so labelled. SUBSCRIPTION RATES are $10 a year, $5 for students, service­ men. and for Peace Corps, Vista and other volunteers. Overseas air mail. $10 extra. Advertising rates on request. $10 of any con­ tribution to the Ripon Society Is credited for a Bubscriptlon to the At Issue Ripon FORUM. Editon Dick Behn Editorial Board: Robert D. Behn( Chalrman Tanya MeUch Regulated Compensatory Voucher Plan ., 21 Robert H. Donaldson Ralph Thayer James Manahan Dr. S. Frencis Overlan, now director of the Ed­ Contributing Editors: CliHord Brown, Glenn Gerstell. William A. ucation Voucher Project at the Center for the Koelsch and Daniel J. Swlllinger. Study of Public Policy, has extensive experience Circulation cmd Teclmical Eclifon Judith H. Behn. in the education field as a teacher, administrator Art: Leslie Morrill. and researcher. In this article, he explains how Editorial Assistcmts: Deborah Bowen and Victoria Golden. his regulated compensatory voucher plan would Correspondents J. James Plant. Nelm:rska meet some of the objections of tI"aditional critics Foy McDavid. Alabama Scott Green. N_ HampshUe James F. McCollum. Jr .. Florida Deryl Howard, North CaroliDa of Milton Friedman's idea. Steven IJvengood. Geozgia Henri Pell Junod, Ohio Michael McCrary. Idaho William K. Woods. Ohio Mike Hansen. Idaho Stephen Jones, Oklahoma ~a::a:~~Ojcirgr:~~~cma 5~~':~ ~c:ir~'i7AitJ:.:~ol L C.R. Connell. Iowa Bruce M. Selya.l. Rhode Islcmd Presidential Commissions 26 Judy Gentry. Kcmsas Dean Sinclair ltOuth CarollDa John C. Yoder. Kcmsas Staniord M. Adelstein. S. D. Pres\dential commissions have a tendency to pro­ Eric Karnes. Kentucky Mark Gustavson. Utah duce· more headlines and research cpntracts than James Harrington, Mcdns W. Stuart Parsons. WlscoDBiD resuits.. Attorney Anthony Mohr has some pro­ Arthur r. McClure. Missouri George Charles, Venzaont posals to improve their efficiency and efficacy. eMargin Release BREED'S HILL - Dogooder liberals are getting a Not that there aren't pockets of dogooder liberalism bad image these days. Like the Black Panthers and the left; the President's budget proposals seem to have produced Chicago Seven, dogooder liberals have become passe. Eve­ a rallying standard for the forces of dogooding. But the rybody is down on the dogooders. Their social idealism was dogooding heyday is over. The important issues are the apparently hopelessly naive. Their penchant for expending price of hamburger, the danger of mugging, busing of tax monies on ambitious projects to right social evils was little school dlildren and the property tax rate. No one apparently financially irresponsible. And their willingness is much worried about institutional racism, the fate of to assume employment as dogooder bureaucrats, dogood­ democracy in Latin America, the deterioration of public er researchers, dogooder program organizers and dogood­ housing or the improved regulation of campaign expendi­ er baloney-pushers marked them as thinly-veiled advocates tures. of paternalism. The dogooder is dead. Long live numero uno. But before the dogooder is buried, an epitaph must The fruits of dogooder efforts are in disrepute. After be composed: all, weren't we in Vietnam to promote democracy? But Here lies yOfmg Dogoodet' Liberal did we? Wasn't OEO started to destroy poverty? But did Who erroneously thought mall more than mineral. it? Weren't the Manpower programs (perhaps "People­ Bam in the Sixties power" would have been less chauvinistic) begun to end un­ 111 the midst of squalor employment? But did they? Wasn't busing supposed to He died ill the SetJentieJ remedy segregation? But nobody will let it. David Halber­ From pl'eside11tial pallor. stam's book destroys the image of The Best alld the Bright­ He thotlght poverty medieval est. Howard Phillips is fast at work destroying OEO. Man­ Alld communism pure et'il power is being scuttled. President Nixon is attempting to But came to find alit get the federal government out of the dogooding business. That his best efforts Dogooding is definitely "out" these days. Tough prag­ Tumed to a rout matism is in. Belt-tightening is in. Austerity is in. Budget­ When official reports cutting is in. And in New York City, all the mayoralty Said the devil did it. candidates talk about the in thing: law and order. In db. Washington, the President criticizes soft-headed judges and probation officers. In Massachusetts, prison guards demand that the corrections commissioner be fired and the prison be returned to their controL (The guards claim it had been turned over to prisoners.) In a suburb of Albany, parents mobilize to combat juvenile delinquency after two pet rabbits were kidnapped and held for $20 ransom. In Ridgefield, Conn., the PTA president resigns after her dog was hung from a tree on her front lawn as a protest"against her support for the inclusion of Eldridge Cleaver's Soul Oil Ice in a high school course. In New Jersey, a former attorney general turns from prosecuting polluters to de­ fending them and admits to perhaps overzealous prosecu­ tion in his former capacity.

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April, 1973 3 major changes are not made in the helped move the nation to argument. nation's approach to energy produc­ The debates divide in two directions. Editorial Board tion, most energy analysts claim that One argues growth versus no-growth. the U.S. could suffer a major break­ The other accepts that growth is a COMMENTARY down in energy supplies sometime necessary element for maintaining the within the next five years. nation's well-being with controversy There are a variety of reasons why centering around the means for obtain­ this ability to keep up with demand ing energy. has disappeared. Unlike the second debate which 1. Research and development of new uses for persuaders statistics and tech­ What sources of energy have been minimal, nical arguments, the no-growth con­ mainly because the President and Con­ troversy is rooted in ethical and phil­ gress have given them low priority. A osophical tones. private study prepared in 1966 for the The no-growth advocate desires no­ White House predicted that the na­ growth because he believes that con­ the tion's energy resources seemed ade­ tinuation of the present energy produc­ quate through the end of the century. tion system will destroy the ecological No one seems to have anticipated the balance of not only the nation, but major increase in demand, which has eventually the world. occurred. He claims that economic systems are Country 2. The sudden appearance and pop­ like biological systems. Both have rapid ular appeal of the environmental is­ periods of growth leading to maturi­ sue has slowed any major attempts to ty and survival is insured by a level­ develop new energy sources. ling off to a so-called steady state. If Needs 3. The environmentally cleaner qual­ the system does not stop growing, it ities of natural gas and its fixed, low collapses. The Club of Rome study, price have forced railroads, residences, Limits of Growth, exemplifies this businesses and electrical companies to theoretical approach. switch f rom coal and oil. During On the other hand, the no-growth Now: World War II, coal furnished 70 per­ antagonist argues that what was good cent of the nation's energy supply, now enough for the American frontier is it provides 20 percent. Coal produc­ good enough for modern America and tion has dwindled considerably. Its that there can be no progress without output for this year is expected to be growth. Energy no more than 580 million tons- - on­ No-growth seems superficially ap­ ly a 5 percent increase in five years. pealing if your philosophical bent is 4. Domestic oil exploration has toward an unencumbered, aesthetical­ dropped 40 percent in the last 14 years. ly pleasing life in the style portrayed by Tanya Melich U.S. ground oil is so deep that it costs, by the painters Rousseau and Gauguin. in most cases, more to drill than the A return to nature, on first thought, oil will bring on the market. Off-shore seems the way out. drilling and the building of the Alas­ One of the greatest problems facing The trouble with this argument is kan pipeline have been stopped tem­ the United States over the next 13 its premise: because technological de­ porarily by environmental considera­ velopment has created some havoc with years will be the discovery and de­ tions. Even if production increased, velopment of clean, safe and cheap nature, the way to save nature is to there is presently a shortage of refine­ sources of energy. stop technological advance. Ignored ries. (No one wants one built near here is the undeniably impressive im­ While exact energy requirements are his town or city.) difficult to forecast, the U.S. Bureau provement in health levels, standards 5. International political and secur­ of Mines has predicted that the United of living, and availability of food and ity considerations, a dearth of tankers States total energy consumption, if shelter, to mention just a few exam­ and docking space, high costs and the present standard of living is to be ples, in those nations with high ener­ quotas have kept oil importation low. maintained, will almost double from gy consumption. 68,810 trillion BTU's in 1970 to 6. Fear of nuclear energy and the In the last four years, U.S. energy 133,396 trillion BTU's in 1985. Meas­ high costs involved in making nuclear consumption has increased faster than ured another way, this means that per plants safe have slowed their wide­ the nation's Gross National Product capita energy consumption will rise spread use. (measured by the U.S. Department of from 337 million BTU's in 1970 to Unfortunately, the articulation of the Interior on the basis of energy con­ '563 million BTU's in 1985. alarm and the voluminous material on sumed per dollar of GNP). This is a Our present ability to fill these needs the energy crisis have not yet moved heartening reversal since it is large­ is precariously deficient. If immediate, the nation to action. Instead, they have ly due to greater use of air-condition-

4 Ripon Forum ers, appliances and cars. To a lesser a comprehensive catalogue identifying will have upon our international rela­ degree, it has been caused by more all of our natural resources. For years, tions and our trade policies. energy-intensive processing of indus­ the Department of the Interior has In 1970, the total cost of all im­ trial raw materials and by a slowing­ done such identifying but not on an ported fuels to the U.S. was $3.6 bil­ down in the adaptation of technology all inclusive scale. The government lion of which petroleum imports cost for increasing the efficiency of energy should also encourage development of $3.4 billion and natural gas $0.2 bil­ uses. techniques, protective of the ecosys­ lion. Most of this came from the West­ The growth viewpoint must logic­ tem, to utilize these resources. ern Hemisphere. Oil importation from ally win the first debate, but the na­ For the immediate future, we need the Middle East is presently negligible. tion's policy toward growth must not a policy which allows the price of nat­ The United States must now begin be that of the old American frontier. ural gas to rise in order to make it to buy petroleum products from the It must be a policy stressing growth competitive with oil and coal, a tempo­ Middle East. They are cheaper and of that improves the quality of our life rary lifting of oil quotas, leasing of better quality than those sold in the and produces technologies to protect off-shore land for oil and gas drilling Western Hemisphere. Our entry into our environment. with strict environmental controls, gov­ the Middle Eastern market is expected We must learn to conserve energy. ernmental funding for developing en­ within the year. (Do we really need all those air-con­ vironmentally safer methods for coal Middle Eastern oil is presently ditioners, cars and appliances?) mining and for cleaner methods for selling at $3 a barrel but the price using coal, greater funding for re­ may rise to $4 when the United States We need an energy industry that is search into adapting cheap geothermal begins buying it. Secretary of the In made to realize through governmental and solar energy plants, leasing of and private pressures (I fear it will not terior Rogers C. B. Morton predicts more oil shale lands, and mass ed­ respond by itself) that environmental that by 1985 we will be buying 38 ucation on the relative safety of nu­ considerations must be one of its major percent of all our energy supplies clear energy and on the need to con­ concerns. The industry must begin to from Middle Eastern nations. Other serve energy. find more nonwasteful ways of devel­ observers claim that by then we will Developing new supplies of energy oping energy. be importing 15 million barrels of ta::es several years. Assuming we be­ Middle Eastern oil daily which at the We need enlightened environmen­ gin to develop ours immediately, the e:{pected price of $5 a barrel will come talists who recognize that some sacri­ energy crunch for the U.S. could be to $27 billion a year. fice of natural beauty may be necessary if the overall quality of our life is not to degenerate. The energy industry need not gain all it seeks, but it does deserve some help in solving the na­ tion's supply problem. We must recognize that we will not save ourselves from the pressures of the industrialized world and the rav­ ages of pollution by stopping the in­ dustrial machine, which must develop technologies to lessen these pressures and end pollution. The problem is one of degree. The public and, more likely more often, the government will have to decide when an off-shore drilling platform should be built instead of leaving an over by 1985. Until then, we are go­ The holding of large sums of dol­ ocean view unmarred or when to ap­ ing to have to import more petroleum lars in the hands of potentially hostile prove the erection of a nuclear plant's than we strategically should. Middle Eastern nations and U.S. de­ cooling tower to protect the fish at the This will mean that the price for pendence upon these nations for over expense of the scenery. a gallon of gasoline will rise sharply. a third of its energy supply are danger­ The federal government must estab­ In 1972, Americans paid an aver­ ous prospects for the U.S. lish an all encompassing energy poli­ age of 37 cents a gallon while Italians The sooner we begin developing cy outlining goals which will most ben­ paid 99 cents, the French 81 cents and our own energy supplies, the sooner efit the nation over the next 25 years. the West Germans 77 cents. Such high­ these possibilities and that of massive There must be general guidelines of er costs may be a mixed blessing if power and fuel failures will disap­ U.S. energy needs, but there must also Americans are forced to use their cars pear. The present situation is serious be guidelines, partially already devel­ less, but such a major change in life and will be so for several years. Let oped by the Environmental Protection styles can certainly not be expected. us hope that Congress and the Pres­ Agency, of our ecological needs. But more serious than a price hike ident will soon take the steps neces­ The government should also prepare is the impact increased oil importation sary to solve this latest crisis. •

April, 1973 5 be strengthened as speedily as possi­ gency, until the laws are tightened, COMMENTARY ble." any future incumbent will be free Presidents of the United States are to restore by proclamation near dic­ consistent, if at all, in accumulating tatorial powers. power and each successive Administra­ A February 1970 article in the tion - in proverbial domino fashion Boston College Industrial a/ld Com­ - has continued the state of national mercial Law Review caught the eye of Bind emergency. President Richard Nixon, Sen. Mathias. The article noted that hopefully having concluded the last "some 60 percent of the nation's pop­ of the wars by proxy with the Soviets ulation have lived their entire lives and Chinese, recently told South Car­ under a continuous unbroken chain of olina legislators that "the chances for national emergencies." The effect upon us to build a peace that will last are our constitutional system by open-end­ better than they have been at any time ed presidential powers makes the Con­ since the end of World War II." In gress optional, and the Senator urged his familiar style, the President noted on the Senate floor the rejection of the Down that he spoke to a Southern legisla­ jocular advice of one George Wash­ ture "for the first time" as President; ington Plunkitt, the Tammany Hall another presidential first may now be ward boss, who asked, "What's the in order - termination of the national Constitution among friends?" emergency. If it is true, as Dr. There are several unusual facets to FrOID Henry Kissinger declared, that rela­ the Special Committee. It is co-chaired tions with the Chinese communists are by Mathias and Church. It includes moving from hostility to normaliza­ an equal representation of Republicans tion, then the President's relations with (Clifford P. Case, Clifford P. Hansen the United States Congress and the and James B. Pearson) and Demo­ Misehiel citizenry should not be conducted un­ crats (Philip A. Hart, Claiborne Pell der wartime conditions. and Adlai E. Stevenson). It hopes Sen. Charles McC. Mathias, Jr. (R­ to complete its review and recommend by Gregory G. Rushford Md.) asserted in a Wall Street loumal legislation within six months if pos­ interview in January that "There is a sible, and hearings will feature con­ tremendous opportunity here for Pres­ stitutional law experts, members of Within days of the North Korean ident Nixon. If he really wants to the current and preceding Adminis­ invasion of Jurie'·24,.1950, President restore power to the people, one way trations, and noted presidential schol­ Harry S Truman made the decisions is to help redress this balance, and ars. In the initial press release of Jan­ to defend South Korea, to increase do what the Founding Fathers intend­ uary 14, the co-chairmen declared that aid to Indochina, to strengthen the ed; and see that power is dispersed the powers to be reviewed "extend to United States forces and assistance throughout the political system. He every aspect of American life. Through in the Philippines, and to order the could do that without sacrificing any Executive emergency powers, the gov­ Seventh Fleet to prevent a Chinese at­ real powers and prerogatives of the ernment may mobilize production, con­ tack on Formosa; that these tactical presidency. He has a historic op­ trol the distribution of foods, goods, maneuvers in June 1950 became in­ portunity to look at the problem broad­ and services, strictly regulate wages stitutionalized in this nation's Asian ly, not narrowly." Mathias, who, with and prices, purchase or seize property, policy is the understatement of a gen­ Sen. Frank Church (D-Id.), co-chairs control communication and transporta­ eration. On December 16, 1950, by the newly created Special Senate Com­ tion, restrict travel, commerce and, in Proclamation 2914, President Truman mittee on the Termination of the Na­ some cases, curtail personal liberties." declared "the existence of a national tional Emergency, intends to take a Many Americans recall with shanle emergency." That proclamation has re­ hard look at these open-ended and the internment of Japanese-Americans sulted in some 300 laws which grant vague laws (open-ended because once during World War II, and they prob­ certain powers to the Executive under the President has acted, there is no ably assume that safeguards were taken conditions of a national emergency - provision for congressional or judicial long ago against such a recurrence. laws which cover the spectrum of review; vague because of the often Consider, then, ~ection 1383, 18 U.S. American life. imprecise, broad language as to the Code, which says, "Restrictions ap­ Harry Truman's proclamation was constitutional limit or duration of the plicable thereto, enters, remains in, premised upon "recent events in powers). Recommendations will be leaves, or commits any act in any mil­ Korea and elsewhere (which) con­ made to terminate "those emergency itary area or military zone prescribed stitute a grave threat to the peace of powers no longer justified due to under the authority of an Executive the world," and emphasized that "the changed circumstances, and to extend Order of the President '" shall ... increasing menace of the forces of those that, in the judgment of Con­ be fined not more than $5000 or im­ communist aggression requires that the gress, are still necessary." Even should prisoned not more than one year, or national defense of the United States President Nixon terminate the emer- both." Truman's emergency proclama-

6 Ripon Fomtn tion summoned "all citizens to be Nation and the world. By the time tion of World War II) are continued loyal to the principles upon which our Congress returned three weeks later, "until six months after the determina­ Nation is founded." Could not this it was required to legislate in a rad­ tion of the national emergency pro­ sweeping authority have been used ically altered political and economic claimed by the President on December I during the McCarthy hysteria, or context." 16, 1950." during later anti-war demonstrations? In 1962, the House Judiciary Com­ The House Committee on Un-Amer­ Given the volatile inner city condi­ mittee compiled a list of 241 statutes ican Activities (HUAC), now some­ tions, could a President declare riot activated by the national emergency what more tactfully named the Com­ areas off limits to certain classes of which affected the jurisdiction of 17 mittee on Internal Security, may well citizens? Having survived domestic committees. For instance, the Commit­ be aware of the President's right to tensions for over 20 years without tee on Agriculture's jurisdiction over declare an "Internal Security Emer­ mass internments, there is no reason sugar quotas is tempered by a presi­ gency whereupon certain defensive to become wildly excited over imag­ dential right during emergencies to measures shall be provided." We hope ined scenarios; but this is one statute suspend the quota provisions of the that the Special Committee will es­ with implications the Special Commit­ Sugar Act. This affects not merely the tablish what this could entail; and we tee certainly will not overlook. parochial sugar lobby, but delicate hope for legislation to ensure congres­ Other presidential powers are very areas of foreign economic and polit­ sional knowledge of any standby plans much a part of contemporary life; ical policy. The congressional voice which have been prepared, and to en­ but they originated in different genera­ sure subsequent congressional review tions for different purposes. Section 5 of the actual conditions should such (b) of the Trading with the Enemy an internal security situation ever be­ Act of 1917 authorized the President come necessary. At the very minimum, to regulate international trade and fi­ the Congress should be able to flatly nancial transactions in wartime. In ratify or reject in a reasonable time L933, President Franklin D. Roosevelt period any declared security emergen­ rushed the Emergency Banking Act cy. -- an omnibus measure with a neces­ From these examples, it is clear sary reorganization of a collapsing that the Committee has assumed Her­ banking system in the Depression - culean labors. The chances for success to Congress. The unprinted bill was seem reasonably bright; in part, be­ reported out of committee within an cause unlike other issues concerned hour, and passed both houses before with the constitutional imbalance - midnight on May 9. Section 5 (b) of the impoundment of funds, Executive the 1917 act had been amended; the privilege, withholding of information President only had to declare a na­ in defining relations with, say, Cuba, - the Special Committee is able to tional emergency to activate those war­ the Philippines, or South Africa is con­ work in an atmosphere of cooperation. time powers. A court in 1962 acknowl­ siderably diminished by the President's Nobody knows exactly what powers edged that the Depression had end­ discretionary power to mJ.ke the crucial are available and what powers may be ed, but President Lyndon B. Johnson economiC decisions. unnecessary; the logic for a thorough ·used Section 5 (b) and the Korean The Committee on Armed Services congressional r~iew:is persuasive. In War emergency proclamation to con­ has difficulty enough in monitoring Mathias's words, that "emergency pow­ trol U.S. investments abroad during CIA activities, yet, because of the na­ ers should be available only for brief the 1968 balance of payments crisis. tional emergency, "Contracts for sup­ periods when Congress is unable to This was the legal rationale which plies and services, under the Central act, and for purposes directly related rendered meaningless the clear direc­ Intelligence Agency Act of 1949, may to the emergency at hand, " is both tion under the Constitution for the be negotiated without advertising if obvious and long overdue. Congress to regulate foreign com­ determined to be necessary ..." It merce. Attorney General Richard G. Klein­ would not hurt the CIA a bit if the dienst and President Nixon (who has Sen. Mathias has pointed out the Congress could learn what this statute nevertheless continued the emergency) manner in which President Nixon an­ has meant over the years. have indicated their support for the nounced his dramatic domestic and As the ElIsberg trial develops to Committee. The Liberty Lobby and foreign economic policies in August probe the legal relationship between other conservative groups have like­ 1971, policies which Mathias happen­ the First Amendment and top secret wise expressed support. For constitu­ ed to support: "With a single speech designations, such as President Dwight tional conservatives, any attempt to re­ on August 15, President Nixon did D. Eisenhower's Executive Order store congressional oversight of near more than months of Senate hearings 10501 (November 5, 1953), another dictatorial emergency powers recalls to dramatize the enormous arsenal of act from 1953 could become signif­ Thomas Jefferson's warning against an powers within the grasp of the Ex­ icant: The restrictions on the making uncontrolled Executive: "Let no more ecutive. Wielding authority granted of photographs and sketches of prop­ be heard of confidence in man, but bind him by law, the President drastically erties of the military establishment him down from mischief by the chains changed the economic course of the (originally to be effective for the dura- of the Constitution." 1/

April, 1973 7 The judgment of the Court in Roe taken seriously in this context with­ v. Wade was that in the first six months out assuming the answer to that very COMMENTARY of pregnancy our legal system must question - whether the fetus is a value the individual liberty of the human being whose life is lost as the woman higher than fetal life. After direct result of a "private" decision that, the state can value fetal life high­ to abort it? This question, which has er, except when the life or health of plagued scholars for centuries, is at The the woman is threatened. the very heart of the abortion issue There is no consensus that this is for many. a morally correct judgment. Reasona­ But few would seriously maintaIn ble people heatedly differ on the moral­ that the concept of liberty in a free SuprelDe ity of abortion, depending upon their society does not encompass some "fun­ view of the theological, philosophical damental" right of personal control and scientific evidence. So it is all the of the internal processes of one's body. Court more important that at least the final The only real question in the abor­ decision be made well and that it be tion area, it seems, is whether the made by the right body. state has a sufficient interest to abro­ that The majority opinion in Roe v. gate right. Having felt compelled to engage in an unnecessary delibera­ and Wade is almost ludicrous. The crux of the problem was to interpret the tion over the "fundamental" right in­ Fourteenth Amendment: "No State volved, the Court could at least have shall ... deprive any person of life, attempted to reason out the real ques­ Lellitilnate liberty or property without due process tion. of law ..." After a stormy history of The Court, however, was unable even to identify coherently what in­ debate, Supreme Courts have develop­ ed a substantive meaning for "due terest the state had in prohibiting State abortion. First, it held that the fetus process of law." When a legitimate state interest collides with a funda­ is not a "person" within the meaning of the Fourteenth Amendment, and mental individual right preserved by thus not entitled by right to state pro­ Interest the Constitution, the state can prevail only if it can show a "compelling" tection of its life. The majority could _ find no definition of "person" in the need to assert its interest to the detri­ Constitution - no use of the word ment of the individual right. A bal­ which on its face indicated that the ance such as this seems inherent in a Founding Fathers contemplated a fetus by RoberrG. Stewart Constitution which makes the 'state sov­ ereign, but whose amendments enum­ - and no case to guide it. The Court then concluded that since abor- erate basic individual rights which are tions were not so widely prohibited in When the government must make to be protected from the sovereign. the nineteenth century at the passage a decision which strikes at the very This balance requires ascertaining of the Fourteenth Amendment as they souls of the people - their concepts the fundamental right, identifying the are now, the framers of the Amend­ of life and liberty - it is important state interest and demonstrating that ment did not have the fetus in mind. that it be correct, that it be made well, the state interest is or is not sufficient­ In effect, the Court said that for and that it be made by the right body. ly "compelling" to override the indi­ some reason, in the nature of things, The Supreme Court's decision in vidual right. But the majority in Roe we are locked into this nineteenth cen­ Roe fl. Wade, as it pertains to the right v. Wade never even got off the ground. tury view (if anyone really believes of a st'lte to prohibit abortion, war­ The Court first deliberated over ~at the framers of the Amendment did rants comment on all three counts. whether laws prohibiting abortion in­ or did not hold this view). But why can­ The abortion controversy allows for terfere with a "fundamental" right of not a court expand the notion of per­ no morally neutral position. Any legal a woman. Earlier Court decisions had son or life to conform with changing norm which orders basic values is a identified the right of privacy as a fun­ social values just as it has expanded collective moral judgment. To pro­ damental one, emanating from other other notions such as privacy itself on hibit abortion is to make a judgment more explicit rights in the Consti­ which it leans so heavily? that fetal life is more important than tution. The Court seized on this After concluding, then, that the state the right of a woman to control her right and concluded that it is "broad interest cannot be the protection of own bodily processes. To decide that enough" to encompass a decision on an individual right of life, the Court abortion is a matter of individual whether or not to bear a child, even decided that a state cannot adopt one choice is to decide that individual lib­ after the child is conceived. theory of when a fetus becomes a erty in our legal system is more im­ Earlier in the opinion, the Court human being (as opposed to a legal t portant than fetal life. To permit abor­ had insisted that it need not decide "person") and impose that theory on tion only in certain circumstances is whether the fetus was a human be­ the citizenry in justification of abortion to balance specific moral considerations. ing. But can the notion of privacy be laws. Thus, we are led to believe that

8 Ripon Forum the state interest cannot be protection pIe and legislatures of the states. In President and confirmed by elected of human life as an abstract either. a sensitive area such as this, involving senators. Members are impeachable, What then is the state interest? The as it does issues over which reasonable and the Constitution they interpret is Court appears to have found a legit­ men may easily and heatedly differ, I amendable. We tend not to think of imate state interest in the protection cannot accept the Court's exercise of these processes as tools of accountabil­ d "potential" life. its clear power of choice by interposing ity. Therefore, having found such a a constitutional barrier to state efforts If theory offers no clear answer as legitimate interest, the Court proceed­ to protect human life and by invest­ to how such decisions should be made, ed not to demonstrate whether the in­ ing mothers and doctors with the con­ what does institutional politics tell us? terest was "compelling" enough to stitutionally protected right to exter­ When any decision involving deep­ justify infringing individual liberty, minate it. This issue, for the most part, seated beliefs must be made, there is but merely to cavalierly state that it should be left with the people and a serious problem in preserving in­ was - but only after six months of to the political processes the people stitutional credibility. The Supreme pregnancy, when the fetus is "viable." have devised to govern their affairs." Court has a heavy stake in avoiding Why? Because at that time the fetus is (41 U.S.L.W. 4246) the appearance of. an arbitrary and capable of sustaining "meaningful life" As appealing as this concept is, it seemingly despotic exercise of its pow­ outside the womb. That, however, is is not without its theoretical retort. er. When it acts in an emotional area nothing more nor less than a definition Our democratic system has also built such as abortion, one which commands of "viable." into it a check on the kind of tyran­ no moral consensus, the Court can But having boxed itself into a vague ny which even a society which governs destroy its credibility as an institution, notion of potentiality of life, the Court itself can impose - that of the major­ regardless of its substantive decision, could do no better, for potentiality ity on the minority. This check is a and take a step toward the disestab­ covers a spectrum of time at least from system of courts which acts to preserve lishment of the entire governmental conception, and any stopping place in all individual rights, regardless of the structure. A truly sensitive Court might that spectrum can only be arbitrary. source of the infringement. One might well leave such issues to the legis­ What is also troublesome is that no argue from this that the more funda­ lature, as Alexander Bickel has sug­ mention is made of other possible mental the-values or rights at issue, gested. legitimate state interests. What of sec­ the better it is that an objective court, But that does not give us a clear ond order effects such as how the exis­ not the people themselves, decide the answer either. History has brought in tence of an absolute right to abort issue, particularly given the practical no verdict as to whether court action a fetus, even in the first six months realities of the legislative process. in sensitive areas has pushed us to­ of pregnancy, might change the very An argument can also be made that ward anarchy, revolution or a complete yalue society places on human life it­ majority rule itself evolved from a loss of credibility. People still use the self? Is this not a legitimate concern? possibly outdated conception of man courts and, by and large, do what Or is it just "not compelling?" Many which denies any absolute order to courts tell them to do, albeit some­ feel that this goes to the very heart values and therefore looks only to a times slowly and grudgingly. Extreme of the problem, and the Court simply nose count of individual arbitrary outrage at a particular decision might ignored it. beliefs for collective decision making. lead only to the attempted passage of Doubtless, the opinion had to be If, instead-, men have fixed, shared emotional constitutional amendments; written to command a Court major­ values, established and ordered by a general dissatisf~ction with the Court ity. Nonetheless, no issue which causes God or another absolute, there may only to the election of a President who such moral, institutional and polit­ no pressing need to make every be promises to change its membership. ical soul-searching should receive such basic value judgment by majority rule, We have seen both. But these are the shoddy resolution. even within our system. Any delibera­ very tools of accountability the system We cannot even take comfort in tive body can merely reason out the provides; and when they are used. the knowing that at least the Court was right answer. system is working. the proper institution to make the de­ Finally, it cannot be forgotten that cision, however badly it went about the Supreme Court is accountable. New Morality, social theory and politics it. This question has no clear answer, members are appointed by an elected really give no clear answer as to how theoretically or politically. the abortion issue ought to have been In a democratic society, one in decided or who should have decided which people govern themselves, there it. But this much can be said. Once are certain ideals, such as life and lib­ the Court decided to make the deci­ erty, which are much too fundamental sion, it owed the people whose re­ to be defined by interpreting old words spect it must maintain more than just in a Constitution; they must be de­ a reasonable compromise. It owed them fined or ordered by the people them­ a credible explanation of the result selves or by their accountable repre­ and some hint that the real concerns sentatives. Justice Byron White, in dis­ of the people were addressed. It owed sent, put it this way: " ... I find no them a sense of security that the re­ constitutional warrant for imposing sult proffered was more than an ar- such an order of priorities on the peo- bitrary, fist-slamming decision. •

April, 1973 9 constitutional are not worth the draft­ is contrary to the conscience or ing time. religious beliefs of that indi­ COMMENTARY The Court's decision was principal­ vidual. ly as follows: 2. No person shall perform an 1 ) There are so many different abortion other than a licensed views of when "life begins" that the physician or other person duly law should not try to effect a deter­ licensed to perform such pro­ mination. cedures. No abortion shall be 2) The right of privacy of a wom­ performed during the last tri­ an to make a decision with her doctor mester of pregnancy except The prevails over any state interest. when it is necessary in the judg­ 3) Abortion during the first tri­ ment of a licensed physician mester of pregnancy has been proven for the preservation of the life to be so much safer than carrying a or health of the woman. No pregnancy to term and giving birth abortion shall be performed Abortion that the state must not attempt to reg­ subsequent to the first trimester ulate in this field, other than through of pregnancy except in a li­ its regular licensing of doctors. censed hospital or comparable 4) As to abortions during the sec­ facility duly licensed to perform Decision ond trimester, the state may issue reg­ the specific procedure. ulations to protect the health of the 3. Every licensed hospital or clinic woman. where abortions are performed 5) During the third trimester, or shall make available to abor­ after the fetus has become "viable," tion patients information about the state may act to ban pregnancy family planning services. by John C Robbins terminations except when they are nec­ Truthfully, there is little more that essary to protect the life or health of a state can say without possibly legis­ When does a conservative prove to the woman. lating more than the Court allows. be liberal, and a liberal approve of It is apparent from Justice Harry A number of state and lower fed­ conservatism? When it comes to inter­ A. Blackmun's decision that the Court eral courts took action immediately fol­ pretation of abortion law, that is when! believes abortion stands no more in lowing the Supreme Court decision to The conservative Supreme Court, in need of special state legislation than do declare existing state restrictive laws its January decision, delighted many such operations as an appendectomy invalid. Federal courts have taken such liberals with its statement of what is or a tonsillectomy. A health code that action at least in Massachusetts, Mich­ essentially sound conservative doctrine: regulates all medical practi~e should igan, Nebraska, Ohio, Rhode Island That the state should keep its nose be sufficient for any state to handle and Tennessee, and state courts have out of the business of a woman and its relationship with the performance done so at least in Arizona and Min­ her doctor dealing with a pregnancy of abortions. nesota. she does not want. But mankind is set in its ways, and Attorneys general of several other Indeed, many conservatives across we are all u.red to having abortion states were unwilling to accept the the country are expressing support for laws - even those of us who have Court decision at face value. Some said the Court's vindication of the right of objected to their nature. Planned Par­ it would not take effect until the states individual privacy. Exceptions are those enthood is receiving the following immediately involved in the test cases, conservatives who, as is the case of query from friendly state officials all Georgia and Texas, had had an oppor­ the Conservative Party in New York over the country: "What sort of abor­ tunity to be heard. Some said it would State, have had their positions pre­ tion law should we be introducing in­ not affect their states because they had empted by some form of Catholicism. to our legislature?" And if we, through separate cases on appeal to the Su­ Whatever the support and the opposi­ our affiliate, reply, "You don't really preme Court. The Georgia and Texas tion, the Court has overthrown some need a law," the answer comes back, attorneys general chose to ask for re­ or all aspects of the abortion laws in loud and strong, "Loold Politically, hearings. On February 26, the Supreme each of the 50 states. In New York ,Ie do need a law!" Court summarily dismissed the requests State, with its liberal 1970 law, only So we have had drafted a handy, for a rehearing and all the other cases the provision limiting abortions to the dandy, portmanteau statute that we involving abortion that were being ap­ first 24 weeks of pregnancy is clear­ think can supply any state with an pealed to its precincts. Thus, the Court ly unconstitutional. In Washington, abortion law. It reads as follows: left no doubt that the January deci­ Hawaii and Alaska, the comparable 1. Every female in this state shall sion was binding on all states. time limits and the restriction limit­ have the right to decide wheth­ But the possibility remains that ing abortions to residents are now il­ er or not to have an abortion. either attorneys general or state legis­ licit. And in the rest of the states, the No individual shall be obliged latures will continue to attempt to changes that are required in order to to participate in an abortion frustrate the clear intent of the Court, make the existing abortion laws fully procedure if such participation either by trying to enforce existing

10 Ripon Forum legislation, or by passing new laws tablishment-antiestablishment. There is that attempt to place unconstitutional much to oppose in Texas, and the im­ restrictions on a woman's privacy. Such POLITICS: portant decisions have been whether road-blocks should, in the light of the to oppose or to accommodate. The Court's decision and its February ac· REPORTS establishment has not opposed; it has tion, be easily dispelled in either state accommodated. As a result, the key or federal courts. Any person threaten. issue has been whether or not the exist­ ed with criminal prosecution under a ing establishment should continue. The re3trictive statute may seek an injunc­ establishment has done well in per­ tion against prosecution and a declar­ BOlDe petuating itself by clouding this issue atory judgment that the statute is un· and by preempting ownership of the constitutional. state's two most important political What problems then remain? The symbols: "Democrat" and "conserva­ first is the massive job of creating a tive." whole new aspect of the health deliv­ on A curious result of the establishment­ ery system. There are medical standards antiestablishment division is that Re­ to be agreed upon, training to be per­ publicans (mostly conservative) and formed, clinics to be established, hos· liberal Democrats have often found pitals to have their efforts redirected, the common cause in state politics. Both and counselling services to be set up. Republicans and liberal Democrats are And there are countless women to be "outs" - and antiestablishment. This educated as to their rights, to the ad­ common bond has frequently trans­ visability of making their choice about Connally cended their ideological differences, each pregnancy early, and to the de· and common action at the polls - sirability of using contraception in or in the legislature - has been the order to avoid having to make such result. The most open, most public­ choices. Ranlle ized, and most significant common ef· Second, there is the frightening pros· fort was the 1971 opposition to for­ pect of dealing with the continuing mer Democratic House Speaker Gus opposition to abortion. The breadth Mutscher (now a convicted felon) and ot support for a liberalized - or con· his iron-fisted domination of the house. servatized - treatment of abortion by Douglas S. Harlan The coalition of reform-minded Re· is, unfortunately, all too quiet. The publicans and liberal Democrats was noisiest reaction to the Court's deci­ dubbed the "Dirty Thirty," and as sion is coming from the "Right-to-Life The outside observer seeking to un­ a result of their opposition and reve­ Group." Right-to-Lifers are convinced derstand what he may think to be lations produced by the stock fraud that, in some mysterious way, human the bizarre world of Texas politics can scandal, state political leadership un­ life begins at the moment of concep· simplify things by recognizing two derwent a change in the 1972 elec­ tion. Abortion, therefore, constitutes in basic facts: (1) Texas is Democratic, tions unmatched in recent decades: the their view a form of homicide, nor and (2) Texas is conservative. If he incumbent governor, lieutenant gover­ will they admit the right of others to understands these two facts, he will nor, attorney gene~al, and speaker of disagree with them. They are a minor­ know most of what he needs to know. the house (all conservative Democrats) ity, even of Roman Catholics. They Despite the tides of time and the socio· met defeat at the polls, and over 50 are loud. They are intense. They are economic changes that elsewhere have percent of the members of the state well financed. Through a referendum resulted in dramatic political changes, legislature failed to return to their held in Michigan last November, they these fundamental facts remain un­ old seats. They were replaced (with also proved that they are well organ­ changed in Texas. occasional exceptions) not by Repub· ized and politically astute. V. O. Key and other noted political licans or liberal Democrats, but by And they are vigorously opposed to scientists have described Texas politics (surprise!) other conservative Demo­ the Court's decision. They now appear in ideological terms: liberal vs. conser­ crats. The cast of characters changed, to be gathering their forces to support vative. Many Texas politicians would but their ideological and political hue some form of constitutional amend­ support that characterization, especial­ did not. It remains to be seen how ment that would nullify the Court's ly those who have participated in some they will stand on reform issues, but action. of the classic liberal-conservative fac­ at the moment it appears that the So the victorious battle in the courts tional battles within the Democratic change in personnel will produce lit­ has not yet decided the war. Conser­ Party. Although there have been heat­ tle change in policy. Despite the new vatives and liberals together, who re­ ed battles fought under the liberal and faces, the establishment remains in joiced at the news that the Court had conservative banners, the ideological the saddle. upheld the right of freedom of choice, characterization of Texas politics is There is a lot of talk about 1974 must be on their guard lest that misleading. being a "watershed" year in Texas pol­ freedom be pulled out from under Most of the real issues in Texas are itics. But, then, there was talk two them.• not liberal-conservative; they are es- years ago of 1972 being a watershed

April, 1973 11 year - and 1970 before that - and stand to gain, however, from an ex­ by party affiliation. The lack of a par­ earlier still, 1968. Had Heraclitus lived pected court requirement that existing ty registration requirement has helped in Texas during the last decade when multi-member legislative districts be keep Republican primary voting very the ingredients of political change eliminated, a requirement that would low, with hundreds of thousands of were so plentiful, he would be famous also benefit ethnic minorities. Republicans voting in the Democratic for having said, "There is nothing 5. Constitutional revision. Texans primary. permanent except change - and Tex­ are engaged in the process of re­ In 1972, Republican primary vot;s as politics." vizing their cumbersome and out­ totaled 114,007 in the gubernatorial 1974 may be different. Changes moded constitution. Special interests contest (less than 5 percent of the which have occurred - or are likely have achieved "vested" status in the total cast in both primaries), yet Hank to occur - could be the basis for re­ present constitution through almost in­ Grover, the primary winner, polled shaping the nature of party competi­ numerable constitutional amendments, 1,533,986 votes in the general election. tion and producing reforms that are so constitutional revision gets at the By comparison, Florida's latest Re­ long overdue. Foremost among these heart of much that needs changing. If publican gubernatorial primary totaled changes are the following: the new constitution is submitted for 358,997 votes with the party nominee 1. The death of Lyndon B. John­ ratification in the 1974 election, it will getting 746,243 votes in November. son. With the death of LBJ, the strong­ have a substantial impact on turnout. Florida's general election primary ra­ willed and determined leadership en­ 6. Election law changes. Two tio is 2 to 1, while Texas's ratio is joyed by the Texas establishment in changes in the election code present- 13 to 1. A party registration require­ past years is gone. There is no re­ ment would significantly increase turn­ placement of comparable stature on out in the Republican primary, and by the horizon. The naturally divisive ten­ taking away as much as two or three dencies within the Democratic Party hundred thousand conservative votes are likely to be indulged, and there would have the side effect of strength­ is no available source of leadership to ening the position of liberals in the mend them. Democratic primary. The stronger the 2. The "Connally Conversion." The liberal Democrats become, the greater expected conversion of John Connally are the Republican opportunities. to the Republican ranks will complete If Texas is ever to become a two­ the eradication of high-powered lead­ ership among Texas Democrats. Con­ party state, Republicans must win the nally - with Johnson - kept things governorship. Even though Texas does together despite the makings of change not have a "strong" governorship, the in the past decade. Connally alone psychological consequences of winning might be able to maintain the status the office, combined with wise use of quo for awhile, but should he not the very real appointive power, would switch, he seems un inclined to fight. move the state to the brink of a genuine two-party system. 3. Four-year terms for statewide of­ ficers. Voters approved a constitutional Republican hopes for 1974 are amendment in 1972 which provides based in large measure on the "weak· four-year terms for statewide office­ ness" of Gov. Dolph Briscoe, who, you holders beginning with the 1974 elec­ recall, insisted on being referred to tions. The lure of four-year terms (or as "Democratic gubernatorial nominee the fear of waiting four years to make Briscoe" when recognized by the chair a move) may prompt a number of am­ at the Democratic national convention bitious Democrats to move "ahead of last summer. The high spot of his per­ schedule." Bruising primary contests formance at the convention came on and major offices without incumbents nomination night when he passed the would increase Republican opportuni­ ly being considered by the legislature Texas delegation's vote (when all ties. will have, if passed, a substantial im­ other states had voted and there was 4. Redistricting suits. The Supreme pact in 1974. The first, changing the no one to pass to) and, upon finaIly Court heard arguments on February primaries from May and June to announcing the taIly, cast his own vote 26 concerning two Texas redistricting August and ~eptember, could affect the for both George Wallace and George suits, one involving congressional dis­ decisions of numerous candidates. The McGovern - in the same breath and tricts and the other involving the state present early February filing deadline without batting an eye. Texas Dem­ house of representatives. Since the leg­ often serves as a deterrent to potential ocrats groaned because of the political islature is not likely to aIlow the courts candidates who do not wish to com­ consequences, and other Texans just to draw either congressional or legis­ mit themselves that far in advance of groaned. lative district boundaries, overall ben­ the general election. The Wallace-McGovern episode at efits for partisan competition will The second election law change un­ the convention is symptomatic of what probably be minimal. Republicans do der consideration is voter registration seems to be a major Briscoe weakness:

12 Ripon Forum an inability to make up his mind. his desire to run again. Hill, like portumty. Briscoe's wife, Janey, is strong-willed Hobby, is faced with the problem of This early, it is difficult to predict and decisive, and the Governor's harsh­ timing: should he move now (against with certainty how many, if any, of est critics refer to him as the "First an incumbent) or should he wait four the major prospects will seek the Dem­ Man." To them Briscoe is a dilettante, years (and face the uncertainties of a ocratic nomination. But almost as cer­ a man who ran "because he wanted large field of candidates) ? tain as the fact that the wind blows to be Governor of Texas not because The change in primary dates would in Lubbock is the fact that there will of what he wanted to do as Governor work to Hill's advantage. If the pri­ be one or more "color" candidates, of Texas." mary is moved to summer, that gives akin to candidate Looney in ,1972 and Despite Briscoe's lack of strength him a longer time to build a record frequent candidate Johnnie Mae Hack­ and personal appeal, it is by no means to run on - and he is vigorously at worth. For those who observe politics certain that he will have strong pri­ work building one. Hill's "thing" is as a spectator sport, a Briscoe-Hobby mary opposition. Texans traditionally pollution control, and he is actively contest would have all the flair of give their governor a second term. prosecuting suits against some of the choosing between a bowl of oatmeal That tradition will likely be reinforced biggest industries in Houston (Cham­ and a bowl of cream of wheat, and by a "no new taxes" performance by pion Paper and Armco Steel, among the minor candidates would provide Briscoe which, combined with the others). Aside from his apparent be­ spectator diversion. Hill and Arm­ powers of incumbency, could scare off lief in the justness of his cause, Hill strong, however, are strong personali­ would-be challengers. The elements seems to have reasoned that the "big ties, and a wide-open primary with of change mentioned above, however, boys" would not support him anyway, one or both of them could spell an might work against the normal pat­ so kid glove treatment is not required. end to the genteel custom of afford­ tern. And voters are responsive to his pro­ ing an incumbent governor a second gram. Houstonians, more than any term if he wants it. There is no scarcity of potential op­ other Texans, live and breathe pollu­ Republican prospects for winning ponents for Briscoe. New Lieutenant tion, and they are ready to bring it the governorship in 1974 are good. Gov. Bill Hobby, son of Oveta Culp to a halt - even at the price of Briscoe's weak leadership combined Hobby (Eisenhower's first secretary of closing plants, if necessary. John Hill with the possible consequences of the HEW) and William P. Hobby (for­ may give them what they want - even Connally conversion offer a golden op­ mer governor), has clear gubernatorial at the price they seem willing to pay. portunity. A key question affecting Re­ ambitions. To support his ambitions, If he does, he surely must ask him­ publican chances is, "What will John he has vast personal wealth. Hobby self, "why wait?" Connally do about the governor's race? will run for governor someday; the Will he get involved, or will he sit question is "when." Bob Armstrong, the second-term land commissioner, is also believed to it out?" There are advantages to Con­ With the new four-year terril for harbor gubernatorial ambitions. He is nally from each point of view. If he statewide officers, Hobby might feel in no danger of a serious primary should become involved and be able inclined to move now rather than wait. challenge for re-election, so he is un­ to take credit for the first Republican After six years as lieutenant governor, der no pressure to move on that victory in the governor's race, his par­ he could be sorely bruised by legisla­ account. As an additional deterrent, ty credentials would soar. On the tive battles which, in Texas, focus far Armstrong does not have the financial other hand, an assignment from Nixon more on the lieutenant governor and resources of any of the other potential would free him from the dangers of house speaker than on the governor. contenders. Despite these handicaps, involvement, and ~ould the Repub­ Furthermore, if he waits and if Bris­ he does have an advantage the others licans lose, it would not reflect on coe is defeated by another challenger, do not have: he would enjoy the uni­ his prestige. Many Republicans believe he would still have to face an incum­ fied support of the liberal faction. In that Connally must establish his cre­ bent the next time around. In addi­ conservative Texas that might seem a dentials at home in order to have a tion, he might be faced with a stiff disadvantage, but in a multi-candidate viable base for 1976, and they believe primary contest even in seeking re­ field it almost assures the liberal's the only way he can do that is to help election as lieutenant governor. House choice of a runoff position. With a Republican candidates in 1974 - and Speaker Price Daniel, Jr. (son of the moderate stand on most issues, down­ to have them win. former governor and senator) has playing the word "liberal," and a par­ Even if Connally does not take an vowed that he will serve only one term ty registration law, Armstrong would active role in the campaign, his con­ as speaker. Most observers are not ex­ be formidable. As a result, he may be version would mean a lot to Repub­ pecting him to be happy in the role under some pressure from his liberal lican candidates. Many conservative of mere house member after having constituency to make the race. Serving Democrats have passively supported been speaker. Moving to the other end another term as land commissioner the state establishment because of its of the capitol is a logical move. would give him eight years in that successful preemption of the moti­ John Hill, the new attorney general, office, a good start toward a claim of vating symbols in the state. "John is another state officeholder with clear adverse possession on the job. Long­ Connally, Republican" would mean !,'llbernatorial ambitions. Hill, in fact, time holders of minor statewide offices to many conservative Democrats that has already run for the office (in have never made it to the top. If he "conservative" was more important 1968), and he does not try to hide wants to move, 1974 offers the op- than "Democrat" and would free them

April, 1973 13 to support Republicans for state of­ not win in November due to his in­ state legislature and a former Demo­ fice for the first time. Non-Texans may flexible attitude on some key issues, crat. He shares the same base of sup­ have difficulty understanding this, so such as his stand on recruiting ethnic port in Houston as Grover, and an they may have to accept it on faith. minorities into the party. During the Archer-Grover contest would inevita­ But there are many conservative Dem­ '72 campaign, Grover stated publicly bly make a sizable dent in Grover's ocrats who have remained Democrats that he did not want the votes of eth­ home town support - including fi­ in large measure as a result of Con­ nic minorities and was not working to nancial support. Archer is young, ar­ nally'S influence. If Connally becomes get them. Many Republicans, aside ticulate, and an effective campaigner, a Republican, they will follow his lead from their belief that a vote is a but he has not had statewide exposure. - and renounce in name what they vote, believe that the Mexican-Ameri­ As an indication that he may be work­ have for years renounced in fact in na­ can vote, if not the black vote, has Re­ ing to achieve this, he was the master tional politics. publican potential, and Grover's at­ of ceremonies last month at a state­ Another key factor affecting Repub­ titude stands in the way of achieving wide fund raising function in Austin. lican chances is intra-party fighting, that objective. Although he has all the ingredients which raged in 1972 and appears like­ Grover, at this point, is the odds­ of being a formidable contender, any­ ly to rage again in 1974. Those in­ on favorite to win the nomination. He one seeking to persuade him to run volved in the fighting have contended has the advantage of having run a would have to give persuasive evidence not so much over what they hope will close race when few expected him to, that his chances of victory in both th<: be as over what is. That means the and he is campaigning now as if the primary and general election were ex­ fighting has been over what is large­ primary were next month. The only cellent, otherwise he would be foolish ly illusory power - and will remain way to "stop Grover" is either to to give up a safe seat in Congress. so until the governor's office is won. produce a genuine "star" as a candi­ Although there are not many other The leading Republican contender date or to greatly expand participation names being actively discussed at the for the nomination is former State in the Republican primary. moment, there will undoubtedly be several candidates in the primary - Sen. Hank Grover, the party's nominee The "star" system is limited since and barring unforeseen circumstances, in 1972. Grover came within 100,000 the only legitimate star in the Texas Grover will be one of them. The big votes of winning, the closest race ever Republican galaxy is George Bush - question mark in the Republican pri­ run by a Republican. His showing was and Bush has firmly removed him­ mary is the role Connally will play. greatly aided, however, by the 200,000 self from consideration. Anne Arm­ There are those who believe he will vote performance by the La Raza Uni­ strong, rapidly achieving star status have to put his fingerprints on some­ da candidate. (Another La Raza can­ through non-elective positions, has body, and it is almost certain that if didate in 1974 could tip the balance made a Shermanesque statement con­ he does, they will not be on Hank to the Republican nominee in a close cerning the governor's race. Many Re­ Grover. contest. ) publican leaders doubt that she could Grover is an attractive, hard-work­ beat Grover anyway, unless primary Although the governor's race is the ing campaigner who shines on televi­ participation were to expand greatly. keystone for Republican growth, there are opportunities for significant Re­ sion, but he has managed to alienate Primary participation is critical be­ himself from the upper and middle publican gains in '74 independent of cause of the impact of Houston, Grov­ the governor's race. echelons of party leadership. At the er's home town, on primary results. Un­ Texans elect eight statewide officers state convention in Galveston last year, der present turnout, Houston accounts each election year, ranging from gover- after having won the party nomina­ for about 30 percent of the total pri­ nor to railroad commissioner. Among tion over the opposition of most top mary vote and staunchly backs Grover, those statewide officers is State Comp­ state party leadership, Grover inex­ forming a base that is almost impos­ troller Robert Calvert, 81, who faced plicably called for the state executive sible for other candidates to overcome. serious primary opposition in 1972 and committee to oust the leadership - a One way to make the primary com­ is in store for more of the same in call to arms for which he did not have petitive would be to dilute the tradi­ 1974. State Treasurer Jesse James, 68 the troops. As a result, he further tional Republican primary vote. A par­ years old and tainted by the Sharps- alienated himself and created wounds ty registration law or an effort by Con­ town Scandal, almost fell victim to which may never heal. nally to recruit conservative Democrats former Republican State Rep. Maurice One party leader, who is no fan of into the primary would, at a minimum, Angly in 1972. He will also face stiff Grover, is concerned that the upper triple participation. With that many primary opposition. Agriculture Com­ echelons of party leadership might be­ new voters, the nomination could go missioner John White, a 23-year in­ come more preoccupied with beating to any of a number of prospective can­ cumbent, is less vulnerable than Calvert Grover than with beating the Demo­ didates - of which Grover would or James, but he campaigned actively crats. If that is so, there is no evidence still have to be considered the leader for the McGovern ticket and thereby of any action being taken which is at present. created troubles for himself in some necessary to achieve such a goal. Houston U.S. Rep Bill Archer is be­ quarters. Lieutenant Gov. Hobby, At- t All those who oppose Grover do not ing given increasing consideration as torney General Hill, and Land Come do so for personal or party power­ a prospective candidate. Archer, like missioner Armstrong may vacate their struggle reasons. Many believe he can- Grover, is a former member of the jobs in order to seek the governorship.

14 Ripon Forum Thus, pending developments, Repub­ Jim Collins could result, however, in It will take more than money, how­ licans have arguable chances in at least creating a district that would make ever, to transform the small minority 3ix of the seven races below the gov­ either Dale Milford (24th CD.) or presently in the legislature into a large ernorship as well as the governorship Ray Roberts (4th CD.) susceptible to enough bloc to become a power in its itself. a successful Republican challenge. San own right. Effective candidate recruit­ For the first time ever, Republicans Antonio could be given a second full ment is essential to success, and no have a pool of potential candidates congressional seat in redistricting, and candidate recruitment program is yet with elective and campaign experience the legislature's efforts to draw a "con­ under way. Nor has a forum been es­ from which to draw statewide candi­ servative" district for one of its own tablished to give prospective candidates dates. Maurice Angly is mentioned as members could create a new Republi­ exposure. State leadership is aware of a possible candidate for treasurer again can seat. the need for this kind of effort, how­ or for attorney general. State Sen. Ike If the districts remain as they are, ever, and a major effort should be Harris of Dallas is a possible candi­ Republicans should hold their present forthcoming. date for attorney general or lieutenant four seats and stand a good chance to Republican opportunities in Texas governor, although he leans toward pick up at least one more (O.C Fish­ next year are potentially greater than the latter. Byron Fullerton, associate er's in the 21st) and possibly another in any year before - maybe greater dean of the University of Texas Law (Ray Roberts's in the 4th). A strong than in all the good years combined. School and former Republican candi­ challenge against George Mahon (19th Texas Democrats realize this, even date for lieutenant governor, is men­ CD.) would be justified since the more than Republicans do. Most state­ tioned again as a candidate for lieu­ district is Republican at higher levels wide officeholders act as if they hear tenant governor or for governor. Ray­ of competition and since Mahon's age, elephant tracks behind them (if not ford Price, a former Democratic speak­ 74, is a factor working to Republican the thunder of a herd), and sources er of the house, is mentioned as a pos­ advantage. close to Gov. Briscoe say the Governor sible candidate for lieutenant gover­ Party leaders are looking to the ad­ is far more concerned about the No­ nor. Zack Fisher, former aide to Sen. vancing age of many Texas Demo­ vember election than the primary. John Tower and present aide to cratic congressmen (one over 80, three Whether or not all these opportuni­ U.S. Rep. Bob Price, is a possible over 70, and five over 60) and are ties unfold is a very "iffy" matter, candidate for agriculture commission­ planning ahead. A number of young, depending upon what the courts do, er. State Rep. Sid Bowers of Hous­ aggressive candidates will likely run in what John Connally does, what Dem­ ton is sounding out the possibilities 1974 who, even if they are unsuccess­ ocratic ambitions prevail, what the leg­ of a race for comptroller or treasur­ ful, will be in a prime position for islature does - and what Republicans er, and George Bush, Jr., is consider­ success in 1976. That lesson was learn­ do. The Republican Party cannot af­ ing making a statewide race. ed in the 21st district with an under- ford to wait to see how all of the Three key factors are responsible for 30 candidate in 1972. Of the 20 Dem­ pending questions are answered. It .1 more bullish attitude by party lead­ ocratic congressmen from Texas, few must act as if everything will fall in­ ers toward congressional races: (1) the will have a free ride in November of to place, and plans must be made on advancing age of many Democratic in­ 1974. that basis. All of the "ifs" could be cumbents, (2) the stimulus from im­ The outlook for success in state leg­ resolved favorably to Republicans and proved showings in the 1972 congres­ islative races is also dependent upon still have 1974 pass without significant sional campaigns, and (3) the poten­ the outcome of a redistricting suit. change unless Republicans are prepared tial impact of Connally. Most observers expect the Supreme to take advantage'-of what arises. They Any plans for congressional races Court to require single-member dis­ must assume the best and proceed with must be tempered at the moment by tricts to be established in every coun­ vigor. uncertainty over redistricting. There is ty in Texas, and if that does occur, If, after the elections of 1974, it considerable speculation that the Su­ Republicans stand to gain seats in can still be accurately said that most preme Court will overturn a three­ Fort Worth, Austin, EI Paso, Corpus of what an outside observer needs to judge district court's ruling that Texas Christi - and possibly additional seats know to understand Texas politics is congressional districts are unconstitu­ in Dallas, Houston, and San Antonio. that it is Democratic and conservative, tional. Should the Supreme Court re­ From the current 17 seats (out of then it will be another generation be­ verse the lower court, the legislature 150), Republican representation might fore two-party competition will be· is not expected to change the districts grow by 10 or more as a result of come a reality. • at all. Should the lower court ruling single-member districts. If Connally be affirmed, however, Republicans can intervenes, the number could increase. expect the legislature to do all in its For the first time ever, the state Re­ power to reduce Republican represen­ publican organization is sponsoring a ONE MORE YEAR; tation. One seat each from Houston, series of fundraising dinners to raise Dallas, and the Panhandle would be money for legislative candidates. With hard to deny under any scheme, but the money raised and reserved for legis­ RENEW TODAY second Dallas seat could be jeopard­ lative campaigns, the opportunity af­ ized. Any fancy footwork to pair Dal­ forded by redistricting is more likely las U.S. Reps. Alan Steelman and to be realized.

April, 1973 15 originally served primarily non-resi­ dents, an increasing number of city POLITICS: REPORTS residents are now using the clinics - and thereby easing some of the load on the city's municipal and voluntary ABORTION pointed out, "you get a better idea hospitals. of how well we're doing. In Great The report also cited a number of Britain, for example, the rate was other trends that have been borne out The safety of abortion on a large 27.8 during the first year of liberalized by the two-year data. scale has been demonstrated conclusive­ abortion. And, in Sweden and Den­ Out-of-city residents have contin­ ly by data covering two years .of lib­ * mark, the average rate was 39.2 in ued to account for an increasing eral abortion in New York City, ac­ the 1960'S." proportion of abortions - 61.7 cording to New York City Health Like every other surgical procedure, percent of all abortions in the city Services Administrator Gordon Chase. abortion has attendant complications, during Year 1, increasing to 66.5 In a report covering two years of but here, too, the trend has been favor­ percent during Year 2. abortions in New York City (July 1, able overall, with the rate of report­ * Incomplete or "botched" abor­ 1970 - June 30, 1972), Chase ~ut­ ed complications dropping from 8.5 tions have declined sharply in the lined the major trends seen and pOInt­ per 1,000 abortions in Year 1, to 7.2 two years under the abortion law, ed to the success of abortion in New in Year 2. indicating that the abortion law York City - both in terms of safe­ The New York City two-year abor­ is reducing the incidence of crim­ ty for the estimated 402,059 women tion data also adds to the mounting inal abortions. who were served, and in terms of the evidence that liberal abortion has had A majority of the women who favorable impact of abortion on vari­ * a favorable impact on maternal and sought abortions in New York ous public health indices. infant mortality and out-of-wedlock City were in their twenties. Over­ "Overall, the (New York State births. all, however, the proportion of Abortion) law has been an enormous "It's still early to draw definite con­ teenagers increased from 24.2 per­ success in New York City," Chase clusions," Chase remarked, "but it cent in Year 1, to 28.8 percent said. "Our hospitals and clinics have does appear that abortion offers an im­ in Year 2. provided prompt, dignified care to vast portant alternative to women who * While non-residents were more numbers of women - rich and poor, are themselves at risk of mortality, or likely than residents to be ter­ resident and non-resident alike. This whose children are - for example, minating a first pregnancy (61 care was accompanied by an outstand­ very young women, unwed mothers percent for non-residents vs. 38 ing safety record and by a sharp in­ who generally get poorer prenatal care, percent for residents in Year 2), crease in the proportion of women re­ women who have had many previous the proportion of women termi­ ceivingearIier - and, therefore, safer births and pregnancies, women near­ nating second or subsequent preg­ - abortions." ing the end of their fertile period, and nancies grew in both groups in First trimester abortions (those per­ women with medical handicaps. the second year. formed during the first 12 weeks of "Since the abortion law went into "We in New York City feel abor­ pregnancy) rose from 69 percent of effect," he continued, "there has been tion-on-request is indeed feasible on the total in the first three months un­ a definite improvement in the maternal a large scale," Chase said. "We have der the law, to 76 percent in the whole mortality picture. The overall maternal ironed out many of the problems that of Year 1, to 79 percent during Year death rate for the two-year period un­ surfaced when this service was first 2. For New York City residents, the der the new abortion law was 37.7 per made available, and we are making increase was even more dramatic: from 100,000 live births, a statistically sig­ headway against other problems that 73 percent in Year 1, to 81 percent in nificant 28 percent decline from the have cropped up along the way." iii Year 2. preceding two-year period, when it was "There is now exceedingly small at a rate of 52.2." risk attached to first trimester abor­ Infant mortality, which had also tions performed with proper medical been on the decline in New York City, KENTUCKY safeguards," Chase emphasized, adding dropped to an all-time low in 1971, that "we have not had a first-trimester the first full year of abortion. And, death ... since July, 1971." out-of-wedlock births, which had been LEXINGTON - Only local and Actually, the New York City abor­ increasing dramatically in recent years, legislative elections will be held in tion safety record, as a whole, show­ dropped in 1970-71 for the first time. Kentucky in 1973, and very little in­ ed constant improvement during the Chase also pointed out that abor­ terest has been created for most of the first two years under the law, with the tion on a large scale has not swamp­ more important contests. Some of the death rate dropping from 4.6 deaths ed the city's health system, as many 1973 results, however, could have a per 100,000 abortions in Year 1, to originally feared. About two dozen bearing on the important United States a remarkable 3.5 for Year 2. free-standing clinics are now perform­ ~enate race in 1974 when moderate "When you compare our figures ing more than half of the abortions Republican Marlow Cook's seat is up with those of other countries," Chase in the city. Although these clinics for grabs.

l6 Ripon F Orf,tm Republicans now are at their low­ Schroering, the highest elected GOP ful, Sen. Cook may be in for rough est ebb in over a decade in the Ken­ official in the County. Schroering, how­ sledding in 1974. tucky General Assembly, with only 27 ever, has a problem in his office's al­ Observers will also be closely watch­ of 100 house seats and 11 of 38 sen­ leged mishandling of a grand jury in­ ing Lexington's election to see what ate seats. After the 1971 loss of the vestigation into police corruption in tone will be set for the new metro governor's office and the 1972 defeat Jefferson County. government which takes office in Jan­ of former Gov. Louie Nunn for the Voters in Lexington gave over­ uary 1974. Pettit was a strong sup­ Senate seat vacated by John Sherman whelming approval in 1972 to the porter of the merger, while Amato was Cooper, one would logically expect the merger into a single metropolitan gov­ quiet during the two year period in GOP to start rebuilding. Instead, the ernment of the Lexington and Fayet­ which the charter was written and the Republican organization still spins its te County governments. The highest referendum held. By his new pro­ wheels, talking now about the 1978 office in the new government will be grams and attitude, Pettit has thor­ Senate race as the logical target for a that of metro mayor. Incumbent Lex­ oughly shaken the old political es­ complete Republican comeback. Such ington Mayor Foster Pettit, an inde­ tablishment in Fayette County, while talk obviously does not make Sen. Cook pendent Democrat, may be challenged Amato would be more willing to work comfortable. for the new post by Police Court Judge with the "powers that be" in local gov­ Democrats, under Gov. Wendell James Amato, an organization Dem­ ernment. Pettit's present high level of Ford and State Chairman J. R. Miller, ocrat. The virtually non-existant Re­ popularity, coupled with the recent 70 are naturally pleased about the 1972 publican Party in Lexington first de­ percent approval of the merger, makes Senate victory of their protege, Walter cided to try to become involved in that the present Mayor a heavy favorite for Huddleston. Ford and Miller plan to non-partisan race, but now seems to the 0ffice of metro mayor. • keep up their sweep by knocking off have backed off due to Pettit's popular­ Cook in 1974, possibly with Ford him­ ity with many Republicans. self. One of the Lexington metro govern­ The most important local races con­ ment's new features is the election of UTAH cern the offices of mayor and county judge in Louisville and Jefferson Coun­ SALT LAKE CITY - Sen. Wal­ ty and the new position of metro lace Bennett (R) has not yet announ­ mayor in Lexington and Fayette Coun­ ty. The Louisville and Jefferson Coun­ ced his senatorial intentions for 1974, ty offices are partisan, while the elec­ but outgoing GOP State Chairman tions in the new metropolitan govern­ Kent Shearer has urged his fellow ment for Lexington and Fayette Coun­ Republicans to "fashion contingency ty are non-partisan. plans" for a possible Bennett retire­ ment. Democrats now hold the City Hall ,md Courthouse in Louisville. A tough In the wake of the GOP's poor con­ primary between Alderman Dr. Car­ gressional showing in 1972, Shearer roll Whitten, party organization choice has told state Republicans that they for mayor, and insurgent Harvey Sloan, must learn to emulate Utah Demo­ a young doctor, could again open up crats, who have a habit of choosing the doors for the GOP. However, the their candidates early. In the case of the 1974 Senate race, Shearer says that only announced Republican mayoral­ .= ..'//4l, .. ty candidates, Joe Glass and C. J. .-~ ~! the Democrats have evidently annoint­ ed Salt Lake City attorney Donald B. Hyde, do not offer strong challenges Marlow Cook to either Whitten or Sloan. Prior to Holbrook. (He does not preclude sev­ his dismissal for firing the chief of most councilmen by district, a unique eral other possibilities, however, in­ police while the mayor was out of step in the present organizational struc­ cluding U. S. Rep. Wayne Owens, town, Joe Glass was Louisville's di­ ture of most Kentucky cities. Thus, Utah Education Association executive rector of public safety in the Repub­ many new faces in politics are seek­ Daryl McCarty, Salt Lake County at­ lican Administration of former Mayor ing the 12 council posts from districts, torney Carl Nemelka, and former Kenneth Schmied. (When the Mayor resulting in a "talent drain" for the Democratic National Chairperson Jean returned, he fired Glass and reinstated Republicans and Democrats seeking Westwood.) the chief.) C. J. Hyde, prior to be­ candidates for the General Assembly While Holbrook is gearing up, ing fired and switching his registra­ seats from Lexington. says Shearer, Republicans are sleeping. tion to the Republican Party, was chief The 1973 elections may give Gov. "Confronted with all this activity, we of police in the present Democratic Ford another boost in his plans for Republicans remain, as we have in Administration of Mayor Frank Burke. political domination if he can keep his years past, unskillful but graceful, and In the race for county judge, in­ heavy Democratic majorities in the leg­ generally somnolent. As is our wont, cumbent Todd Hollenbach, a very islature and maintain Democratic con­ we remain so convinced of the righte­ ambitious young man, could be up­ trol over the City Hall and Court­ ousness of our cause that we plan set by Commonwealth Attorney Edwin house in Louisville. If he is success- late, even in the face of all objective

April, 1973 17 evidence that our adversaries plan ear­ States representative, and carrying the ard Nixon and his address to the leg­ ly and are doing so right n01lJ," Shear­ state for Nixon, the GOP made only islature. This historic visit, the nrst er has told Republican Utahans. moderate gains in races at the county time a President has ever spoken to Shearer has spelled out five key level and lost ground again in the the South Carolina legislature, will, in qualifications for a possible Republi­ state legislature. From a high point in all probability, provoke the South Car­ can successor to Bennett. He should 1966, the GOP has steadily lost rep­ olina GOP hierarchy to shout, "Look be: resentation in both chambers. They who came to visit." - young enough to attract the now number only 19 of 70 representa­ But the hierarchy has a right to be youth vote and maintain seniority; tives in the house and 12 lonely Re­ proud, because Nixon used the legis­ - a proven vote getter ("Too often, publicans in the 42-member senate. lative podium to make his nrst for­ politically, pigs in the poke for major Ryan has an easy act to follow as eign policy statement since the sign­ office tend to be only pigs."); party chairman. Retiring Chairman ing of. the ceasenre agreement. Nixon - not ugly (" 'Charisma' may be Thomas F. McKenna, an Albuquerque spoke of the ceasefire, using the usual overrated, but it certainly has elected attorney and former State Supreme "peace with honor" statement, but he some numbskulls, fortunately most of Court judge, was a mild and colorless over-shadowed it with talk of the mil­ them on the other side of the po­ leader. McKenna, lacking in both ex­ itary. He stated that "A nation that is litical fence."); perience and power, allowed the par­ not strong militarily is not worth talk­ - a Mormon, but a "tolerant" ty to be relegated to minor roles rela­ ing to," and that "America is strong Mormon ("He must not be the sort, tive to the highly efficient (and success­ militarily." however, who appears to condemn to ful) Domenici for Senate Committee Turning away from confrontation eternal hell all those who are not en­ and CRP. to negotiation, Nixon said, "We will tirely immersed in that persuasion."); Pete V. Domenici was the nrst Re­ renew discussions that we have been - capable of organizational and publican elected to the Senate in more. having in the past with our friends in fundraising duties. than 38 years and has stated that he Europe," a group that did not playa Shearer named three possible can­ intends to "personally rebuild and re­ major role in his first Administration. didates who meet his qualifications: make the Republican Party of New He also re-emphasized talks with both Salt Lake City Mayor E. J. "Jake" Mexico." Domenici's personal selec­ China and Russia. Garn, former Utah GOP Chairman tion for the party post, Ryan will be The purpose of Nixon's visit was Richard Richards, and Attorney Gen­ expected to do much of the organiza­ to thank the legislature for its res­ eral Vernon Romney. tional work in a state where the Dem­ olution of support for the ceasefire, Shearer will be stepping down from ocrats outnumber the GOP by a 5-2 the first legislature in the nation to do the chairmanship after the state GOP margin. so, and he kept on the theme of Viet­ convention in May. Republicans are Not the least of Ryan's problems nam and world peace until the end of also seeking a new chairman for the will be the expected primary crowd his speech when he switched to his Salt Lake County GOP, where Chair­ in the 1974 governor's race. Rumors new domestic policy. man Jack Bowen is quitting. • that U. S. Rep. Manuel Lujan, Jr. Nixon's trip was a good reminder will enter that campaign have been of his South Carolina landslide, and denied by his Washington, D.C. should provide the local Republicans staff, but that is not the final word. with something to talk about for a Other potential candidates include: ex­ while. NEW MEXICO Chairman McKenna; Albuquerque City The State of South Carolina can be Commissioner Harry Kinney; former added to the list of states with a pro­ YR Chairman Skeet McCulloch; for­ posed "shield law" for the press. mer State Sen. John P. Eastham; State ALBUQUERQUE - Affable State The bill, authored by GOP State Rep. Sen. William Sego; and State Rep. Rep. Murray Ryan, a 50-year-old George Dean Johnson, should pass the Colin McMillan. One reason for the mining company executive, was elect­ house, but there will be trouble for intense interest in the governorship ed state chairman at a quiet and un­ the bill in the slower-moving senate. is the attempt by current Gov. Bruce eventful GOP State Central Commit­ There is also trouble for the Equal King to amend the state's constitution tee meeting on January 6 in Albu­ Rights Amendment, most of it coming to allow himself another term. King -querque. from GOP State Rep. Sherry Shealy. is considered highly vulnerable at this In a State Central Committee ses­ This will probably pass the house over point. • sion distinguished by the lack of con­ her objections and, just as the shield tests (only one of six positions was law, stall in the senate. contested) , the participants seemed Republican gubernatorial specula­ more interested in presentations and tion for 1974 centers on the two Dents awards than in constructive planning, SOUTH CAROLINA - new Republican National Commit­ which is urgently needed in New tee Counsel Harry Dent and new Com­ Mexico. The GOP enjoyed only lim­ merce Secretary Frederick Dent - and ited success in the November elections. COLUMBIA - The month of Feb­ the 1970 Republican candidate for While electing a United States sen­ ruary was a big one for Palmetto State lieutenant governor, James M. Hen­ ator, re-electing a two-term United Republicans with the visit from Rich- derson. •

18 Ripon Forum year-old could handle their state funds. Taking advantage of my last name, POLITICS: PROFILES many dedicated friends plastered the state with long red, white and blue DAVID YOLK posters reading, 'Vote Yolk: " Yolk's opponent, Meade Hallock, PIERRE, S.D. - South Dakota defeat, according to Yolk, was the was chosen after the Democratic con­ State Treasurer David Yolk (R) cred­ image of the GOP marketed by the vention when the original candidate its Sen. Barry Goldwater's 1964 pres­ Democrats, which portrayed the party became iII. Hallock ran a low-key cam­ idential campaign for drawing him in­ as "obstructionist" and representative paign at first, but heated up his ef­ to politics and the Republican Party. of "special interests." The "obstruc­ forts in the stretch, attacking Yolk's youth. Two years after Yolk strongly aid­ tionist" label came from the opposi­ tion of GOP legislators to the Gov­ The Vietnam veteran feels that Hal­ ed the Goldwater effort, he joined the lock's attacks boosted his popularity staff of former U. S. Rep. Ben Reifel ernor's income tax proposals. The "spe­ cial interests" tag was exacerbated by on South Dakota campuses from which as a field representative for South a large portion of his support eman­ Dakota's 1st CD. the Watergate and ITT scandals, says Yolk. As one of two state officials to ated. Although Republicans stilI dom­ Yolk, before he was drafted into win statewide election in 1972, Yolk inate Democrats in state registration, the Army, spent three years as an maintains that the GOP has to "take Yolk views his election as one more aide to Reifel. He believes the lack away this image." In speeches across the indication of the state's voters to stress of strong leadership for South Dakota state, Yolk has told the GOP that it candidates over party. Republicans, which used to be provided must convince voters that "special in­ He claims to have no long-range U. by Reifel, former S. Rep. E. Y. Ber­ terests aren't welcome." political ambitions besides re-election ry, former Sen. Karl Mundt and for­ to a four-year term as state treasurer Yolk and the Republican state audi­ mer Gov. Nils A. Boe, is a contrib­ in 1974 and a role in rebuilding the tor both won relatively narrow elec­ uting factor in the current atrophy of strength of the state party, although tions, by respective 8,000 and 9,000 the South Dakota GOP. Reifel and Yolk does say that he will "see in the vote margins. And although the basis Berry retired in 1970, and both were future" about other political posts. of their support came from different immediately replaced by Democratic Yolk has also tasted defeat. Before sections of the state, they both ran congressmen. Mundt has been incap­ being drafted, Volk worked hard on better than recent Republican state can­ acitated for several years due to ill­ President Nixon's campaign in 1968. didates for constitutional offices. ness and, when he retired in 1972, Upon his discharge in 1971, the grad­ he was replaced by one of the Dem­ The youngest statewide official in uate of Northern State College in ocratic congressmen, James Abourezk. South Dakota history, the 25-year-old Aberdeen worked for Tom Reardon, a Gov. Boe retired in 1968; he was re­ Yolk received the Republican conven­ GOP anti-war moderate, in his Sen­ placed by Gov. Frank L. Farrar, who tion nomination without opposition ate campaign. Reardon's primary de­ was promptly defeated in 1970 by' while most interest was focused on the feat left Yolk "demoralized." Democrat Richard Kneip. five-way Senate race. "I firmly believed that if the Re­ The results of the 1972 elections "What followed then was four publican Party was going to succeed were almost as disappointing for the months of person-to-person campaign­ in South Dakota it had to nominate GOP as those of 1970. Although they ing. Having very little money and no and elect some more moderates and recaptured the 2nd CD., they were name identification, I relied on old young people." still blocked from the governorship friends to give me food and lodging Now, Yolk wants to work to open and lost operational control of the state as I travelled back and forth across up the GOP's "closed shop." "We legislature. the state, taking what time was nec­ have to make politics more fun out Another contributing factor to that essary to convince people that a 25- here," he says. •

• California State Assembly Minority Leader POLITICS: PEOPLE Robert Monagan has resigned to take a job as an as­ sistant secretary of the federal Department of Trans­ portation. Monagan, who was reportedly upset over the • FORUM Diet Baloney Award: To Sen. Lowell poor showing of Assembly Republicans in the last elec­ P. Weicker, Jr. (R-Conn.). Sen. Weicker announced on tion, has been replaced by Assemblyman Robert G. March 8 that he would henceforth cease to "burden the Beverly. Beverly will be replaced as caucus chairman by public and the press with grandiose declarations on Frank Murphy and Murphy will be replaced as Repub­ contracts and grants we did - or did not - secure." lican whip by Dixon Arnett. The new line-up provides The Connecticut Senator's office wilI no longer release the GOP with an all-moderate cast for the first time announcements crediting the Senator with bringing III many years. money which he did nothing to get into the state. How­ • Presidential Politics Department: While former ever, said Sen. Weicker, "I only reserve the right to Treasury Secretary John B. ConnaHy keeps us all in protect my political flank by reminding the people of suspense concerning which day he will choose to an­ Connecticut once a year that this is my policy." nounce his sudden conversion to Republicanism, he has

April; 1973 19 selected as his chief fundraiser another former Treas­ Flaherty is generally considered a shoo-in for re-elec­ ury secretary who also is a former Navy secretary who tion. also is a former Democrat who also is a millionaire, • In Philadelphia, District Attorney Arlen Spector Robert B. Anderson, who served as President Dwight has decided to seek re-election. Philadelphia GOP lead­ D. Eisenhower's Treasury secretary. Anderson now con­ er Billy Meehan reportedly told Spector that he would centrates on trade deals with Eastern Europe. support him for the governorship only if he ran for dis­ • Robert C. Odie, the executive director of the trict attorney again. Spector, in turn, said that he would National Republican Finance Committee, who also run only if the GOP put up a competent slate of judi­ served as director of personnel and administration for cial candidates. the Committee to Re-elect the President, "was less than • The secret of California government is out. candid in his interview with FBI agents," according to "State government in California runs on jelly beans. the summary report on the FBI's Watergate investiga­ If we ever run out of jelly beans, well I don't know how tion which Acting FBI Director L. Patrick Gray sub­ this state would function," said Gov. Ronald Reagan, mitted to the Senate. But it appears that for 1973, OdIe in announcing his decision not to run for the Senate in has resolved to mend his ways. Appearing before the 1974. The Governor keeps a big jar of beans on his Massachusetts State Republican Finance Committee, office desk. OdIe observed that "the $1.00 political tax checkoff is • Big Republican California contributors are con­ a disaster," and that "full disclosure has taken a lot of sidering pooling their resources to block a divisive gu­ the fun out of fundraising." OdIe further observed that bernatorial primary in 1974. The "Blair House Group," the Committee to Re-elect the President has $4.8 mil­ named for a dinner held last year at the Blair House lion left over, but that "several pending lawsuits could in recognition of the group's financial contributions to wipe it out if the lawyers don't first." the Nixon campaign, was scheduled to meet in March • When Don Young (R) was nominated for Con­ to discuss ways of avoiding the drain on their combined gress in 1972, he was a sacrificial lamb against the financial resources that a primary would cause. Accord­ late U. S. Rep. Nick Begich (D). But when the returns ing to one member of the 30-man group, "We're not came in from the special election to choose a successor trying to be kingmakers. But I think we can persuade to Begich, Young combined an unexpectedly strong the candidates it will be very detrimental to the party, showing in southeast Alaska with traditional Republi­ and to them, if everybody runs and we have a big don­ can strength in Anchorage and Juneau to win a 3,000 nybrook, a big bloodletting, in next year's races." In vote victory over former Democratic State Chairman other gubernatorial developments, Attorney General Emil Notti. A television endorsement of Notti by Sen. Evelle Younger has announced that he is the "strongest" Edward M. Kennedy (D-Mass.) may have hurt rather and "most electable" candidate the Republicans could than helped the Democrat; Republicans exploited the nominate; the conservative United Republicans of Cali­ Kennedy endorsement as counter to the pro-pipeline, fornia have indicated that they will probably support anti-gun control sentiments of the state. Notti's own Lieutenant Gov. Ed Reinecke; and Mrs. Patricia Hitt, reticence to issue a blanket condemnation of gun con­ who resigned recently as assistant secretary of HEW, has trol may also have hurt him, but Young was aided by returned to California, perhaps to join an eventual gu­ a larger staff and campaign treasury and by Alaska's bernatorial campaign by Robert Finch. distaste for "outside" interference (such as the TV spots • California's State Senate is once again evenly by Kennedy, Sen. Henry "Scoop" Jackson (D-Wash.) divided, 20-20, after Republicans and Democrats split and House Speaker Carl Albert (D-Okla.)). two special elections for vacant seats. Conservative State .. The Pittsburgh Republican hierarchy have given Assemblyman John Stull (R) won the latest senate their blessing to a Democrat. to be the Republican op­ race in San Diego County with an impressive 60 per­ ponent to Democratic Mayor Pete Flaherty. Thomas cent of the vote in a seven-person field. A. Livingston, one of the city's top criminal lawyers, • Despite the embarrassment of the disclosure that was awarded the Republican nomination despite his re­ he graduated neither from college nor law school, fusal to change his party registration or to back a Re­ William P. Clark, Jr. has been confirmed by the Cali­ publican slate. Another of Livingston's conditions may fornia State Commission on Judicial Appointments to also be met - that there be no Republican primary. serve an interim appointment to the California State The decision to back Livingston was attacked by both Supreme Court. The Commission ruled 2-1 to uphold Pittsburgh's Ripon Chapter and the Shadyside Young Gov. Ronald Reagan's controversial appointee. Republican Club, which denounced the party leadership • New York Conservative Party Chairman J. for its failure to develop "any responsible alternative to Daniel Mahoney has announced that the party has the present policy of Mayor Pete Flaherty," and charged chosen the "beaver" as its symbol. New York Times that the GOP would be better off with no candidate reporter Peter Kihss has done some research, however, than with Livingston, who appears to be strongly align­ and has quoted some beaver observations from a Sports ed with the conservative Republican Allegheny County Illustrated article by BilI Gilbert. Said Gilbert: "Beavers District Attorney, Robert W. Duggan. Livingston, in are constantly turning up in little enclaves supposedly fact, is defending one of the ultra-conservative detec­ well behind the front lines of civilization and then run­ tives under indictment for bribery. Ripon and Shady­ ning everyone else out. The native population often in­ side are considering a write-in effort in the GOP pri­ vites in or at least welcomes the first penetration by mary. Two young Republican leaders, Barry Stem, a beavers, believing that the creatures will be an adorn­ Republican candidate for the legislature, and Mike ment to the countryside. Later, innocent nature lovers Haye, the representative on the State Central Commit­ discover that, given a figurative inch of babbling brook, tee from Pittsburgh, have joined the movement "The beavers will make a literal half-mile of muddy bog. Committee to Elect a Republican." A meeting was call­ Once they have gotten a big webbed foot in the door, ed for March 22 for all Republican committee people beavers are harder to dislodge than commissars." It from Pittsburgh. The media and the committee peo­ sounds like Republicans should help make beavers an ple have given tremendous support to this movement. endangered species. 20 Ripon Forum RIPON AT ISSUE: FORUM

B·egulated COlDpensatory Voucher Plan

The regulated compensatory voucher system is not Pentagonese for a contingency plan detailing an emergency airlift of medics into Thailand. It is a revised version of the {Iot/cher plan first articulated by economist Milton p"iedman and since denounced with dog­ matic ferocity by virtually every American educational association worth its weight in text­ hooks. However, the real1'eason for opposition to vouchers, according to Dr. S. Francis Ollet'­ lan, is "fear of chan!(e." It is ironic that voltchers have not elicited more support from teachers and parents because the voucher plan would foster the kind of dil'ersity and in­ llOl'ation which traditional school systems stifle. Dr. Overlan is currently the director of the Education Voucher Project at the Center for the Study of Public Policy, a nonprofit re­ Jearch and development organization in Cambridge, Massachusetts. Otlerlan, who is also a lecttlret' OIl education at HartJat'd Univet'sity, was, tmtil July 1972, the acting superintendent of the New Trier Township High School District in Winnetka, Illinois. He has extensitJe experience hoth as a teacher and as an administrator.

by Dr. S. Francis Overlan In the eighteenth century, Adam Smith proposed ed­ ices. Parents would then be free to spend this sum ucation vouchers. He suggested that the government fi­ and any additional sum they themselves provided nance education, but that it do so through parents - on purchasing educational services from an 'ap­ giving them the money to hire teachers directly. One of proved' institution of their choice. The educa­ Adam Smith's assumptions seems to have been that, if tional services could be rendered by private en­ given choices and the money to back them up, parents terprises operated for profit, or by non-profit in­ would be at least as assiduous as government officials in stitutions. The role of government would be lim­ getting the best education for their children. ited to insuring that the schools meet certain In 1962, economist Milton Friedman revived this basic minimum standards, such as it now inspects res­ voucher proposal through his book Capitalism and Free­ taurants to insure that they maintain minimum dom. While conceding the desirability of having the gov­ sanitary standards. ernment finance education, Professor Friedman saw little or There have been attempts - same salutary, some per­ no merit in having the government manage a monopolistic nicious - to adapt vouchers to American education. The public school system. Instead, he suggested that American G.!. Bill of Rights after World War II was essentially a schools be "denationalized" and that classical marketplace voucher plan. Veterans could choose their own educational theory be applied to them. He summarized his proposal goals and seek a responsible educational agency to help thus: them meet those goals. The agency thus received a max­ Governments could require a mmlmum level of imum per student grant from the government. During the schooling financed by giving parents vouchers re­ 1950's, one clearly unconstitutional version of vouchers deemable for a specified maximum sum per child was applied to elementary and secondary pupils in the per year if spent on 'approved' educational serv- United States. Several Southern legislatures, in an attempt

April, 1973 21 to maintain purposeful school segregation, passed laws than ingenuous, the rational objections, shared by people giving parents money to send their children to segregated with honest doubts, deserve thoughtful consideration. There "white academies." Federal courts quickly and firmly put is good reasOn to fear that Friedman's unregulated vouch­ an end to this scheme. More recently, other state legis­ er scheme, for example, might result in social class and lators have introduced partial-cost voucher legislation de­ racial segregation in schools, that parents might be gulled signed specifically to support parochial schools. These by educational profiteers, or that public schools might be­ parochiaid bills have consistently been struck down by the come "pauper schools" or "dumping grounds." courts. Taking these serious concerns into account, the Cen­ Support from the political right and efforts to use ter for the Study of Public Policy (a non-profit research vouchers for unconstitutional purposes have aroused opposi­ group in Cambridge, Massachusetts) devised a "regula/ed tion to the education voucher concept. And there has been compensatory voucher plan" in 1969. The plan was devel­ plenty of opposition. Not unexpectedly, the single largest oped with financial support from the Office of Economic bloc of resistance has come from public educators and from Opportunity and has built into it protections against the associations that have traditionally defended public school pitfalls that thoughtful critics of unregulated vouchers an­ interests: the National Education Association, the American ticipated. federation of Teachers, the American Association of School The Center's proposal contains certain fundamental Administrators, the Council of Chief State School Officers, features in common with all voucher plans. The instruc­ the National School Boards Association, and the National tion a youngster receives, for example, would not be de­ Parent-Teacher Association. Many of these groups have termined by where his parents buy or rent a home. 1£ some joined a coalition which has the single expressed purpose parents want Montessori schooling for their children and of defeating any attempt to test the value of vouchers. if they can find such a school (or recruit appropriate teach­ Formal opposition to vouchers has also been expressed by ers) , the children would have a Montessori program - groups with narrower interests regarding educational and so long as minimal state requirements for private schools social policy. These opponents include Amf'ricans United are met. If other parents want their children drilled in the for Separation of Church and State, the American Jewish three R's, and if some group of teachers is willing and Congress, the Baptist Joint Committee on rublic Affairs, able to provide such traditional instruction, this highly the National Association for the Advancement of Colored structured school would be eligible for public support FC0pie, and the American Civil Liberties Union. through vouchers. If other groups - small or large -­ A fairly standard set of objections emerges from re­ want "open classrooms" of the British variety or "indi­ viewing condemnations by anti-voucherites. On the basis vidualized programs" using contemporary education hard­ of past experience, some opponents argue that every vouch­ ware and software, they would have these options avail­ er plan would promote raCial and economic segregation or able to their children. be designed for unconstitutional public support to religi­ The underlying theory of the regulated compensatory ous schools. (Other opponents, curiously enough, fear that plan is a basic voucher theme: schools should be tailored vouchers would promote school integration and not bring to the needs and interests of individual students rather support to faltering parochial schools.) On the basis of than be a middle-ground compromise fitting a plurality no particular experience, still other critics fear that vouch­ of students living in a certain neighborhood. Diversity ers would spur false claims and hucksterism amon.::; school teachers and administrators. Some anti-voucherites seem to believe that any program dependent on family choice would overtax the interest and intelligence of parents, espccially low-income parents. Another argument runs thus: If both public and private schools become eligible for government money, the private schools would keep out, suspend or expel difficult students - making public schools even more obviously "schools of last resort." This, in turn, would mean the death of public education in America. A final criticism arises from the expectation that any voucher pro­ gram would re~ult in severe administrative problems during transition as well as the creation of an unwieldy bureauc­ racy. Despite the appearance of rationality, some of thesc objections merely screen self-interest and contentment with the slatlls quo. Vouchers could bring important changes, and change is fearful. Undoubtedly, some public educators simply do not want to foresake the system over which they have gained considerable control. And some teacher union officials probably see the decentralization implied by vouch­ er:; as a threat to uniform contracts and to efforts to in­ crease their influence (if not to gain control) over educa­ tional policy. Even though some voucher opposition is less

22 Ripon Forum among schools would be spurred by competition for stu­ suring the attractiveness of harder-to-teach youngsters in dents and their vouchers. Attractive schools would have a competitive market for admissions. Milton Friedman had more applicants and the incentive to accommodate them, proposed that the wealthy be allowed to supplement the since each student would bring additional money. Unat­ government vouchers with their own money, thereby vir­ tractive schools would have few students and little money. tually assuring economic and racial segregation. The reg­ The latter would be forced to close down, to live on a ulated compensatory voucher plan, by contrast, provides shoestring, or - more optimisticaIly - to change their government supplements for academic underachievers. Such ways. students would become attractive to schools. Beyond these elements shared with earlier pro~, The array of protections built into the regulated com­ the regulated compensatory voucher plan contains distinc­ pensatory voucher plan deals directly with many liberal tive and stringent protections such as the following: criticisms of vouchers. The guarantee of free and equal ac­ - No school may discriminate against pupils cess by race, the random selection procedure in case of or teachers on the basis of race or economic status, overenrollment, the compensatory voucher for academic un­ and all schools must demonstrate that the pro­ derachievers, the prohibition against out-of-pocket supple­ portion of minority students enrolled is at least ments by more affluent parents - all of these regulations as large as the proportion of minority applicants. - Schools must be open to all applicants. The underlying theory of the regulated com­ - Schools must accept the voucher as full pay- ment for all educational services. In other words, pensatory plan is a basic voucher theme: no school may require parents to make additional schools should be tailored to the needs and payments out of their pocket. interests of individual students rather than - Schools must make available to parents in­ be a middle-ground compromise fitting a plu­ formation about such matters as the school's basic rality of students living in a certain neighbor­ philosophy of education, number of teachers, hood. teacher qualifications, facilities, financial status, and pupil progress. In short, schools must provide provide protections against racial and social class segrega­ sufficient information to enable parents to make tion of school children. The requirement that schools meet wise decisions when they select schools. existing state standards for private schools and that they - Schools must have uniform standards for provide a wide variety of information about themselves, suspension and expulsion of students. a~ well as the institution of a local governing board to - Schools must maintain and publish accounts disseminate and verify this information, provide reasonable of money received and disbursed in a form that safeguards against false advertising that might adversely would allow parents and other citizens to deter­ affect parent choice - even if one assumes that after a mine whether a school was getting the resources year or two parents would not find out the truth. The reg­ to which it was entitled on the basis of its vouch­ ulation concerning uniformity of suspension and expulsion ers, whether a school operated by a church was codes, together with the guarantee of free and equal access being used to subsidize oillet Church activities, for all applicants, means that public schools would less and whether a school operated by a profit-making likely than now be tagged as "schools of last resort." corporation was siphoning off excessive amounts The church/state issue is not so easily regulated if one to the parent corporation. wants to be fair at all. Ultimately, only the U.S. Supreme - Schools must meet all existing state require­ Court can determine the constitutionality of vouchers for ments for private schools regarding curriculum, religiously affiliated schools. At least two theories can be staffing and the like. advanced, however, whereby parochial schools may con­ - If any school has more applicants than places, stitutionally participate in a regulated voucher plan. The it must fill at least half of these places by pick­ first theory holds that the essential feature of the voucher ing applicants randomly and fill the other half in program - its reliance on individual freedom of choice such a way as not to discriminate against ethnic - makes it constitutionally immune. The premise of this minorities. theory is that vouchers of the kind proposed by the Center A governing board would be elected (or appointed for the Study of Public Policy put effective control of ed­ by the existing local board of education) to ensure that ucational funds into private hands - those of parents. The these regulations are fairly and fully implemented. And, government, then, does not support religion and has not should all of these regulations insufficiently protect the become entangled. An alternative theory rests on the prop­ rights of minority and poor children (a disproportionate osition that the value of vouchers for parochial schools number of whom suffer scholastic disadvantages), the plan could be discounted from the cost of secular instruction includes a distinctive compensatory feature. While the only. Parochial schools, for example, might get only eighty value of the voucher would be roughly equal to the cur­ percent of the value of the government voucher. Until the rent per-pupil cost of the local public school, for academic constitutionality of the regulated compensatory voucher underachievers the value of vouchers would be supplement­ plan is determined by the Supreme Court, the Center prop­ ed with additional government funds. This compensatory oses that the decision regarding experimental participa­ regulation is designed to help schools develop and operate tion by religiously affiliated schools be left to the locally­ special programs for these children. It is also aimed at as- elected school boards. Hopefully, some board ready to test

April, 1973 23 the regulated voucher plan would invite participation by Clearly, such traditional definitions as these conceal as parochial schools. Then the issue would be resolved, not much as they reveal. They classify schools entirely by who in the cracker barrel, but in the Court where it belongs. runs them, not by how they are run. A subtle but im­ Surely, there will be, as many voucher opponents pre­ portant shift in emphasis could clear up the confusion. A dict, some serious problems connected with changing from school would be called "public" if it were open to every­ the status quo to a voucher system. Each person will weigh one on a nondiscriminatory basis, if it charged no tuition, these difficulties from his own perspective. If satisfied with and if it provided full information about itself to anyone business-as-usual at his neighborhood school, he will view interested. Conversely, a school would be called "private" each difficulty as a gargantuan dislocation. If less than satis­ if it excluded applicants in a discriminatory way, charged fied or downright disgruntled with the education his child tuition, or withheld information about itself. In this light, is receiving, he will see the probable benefits as outweigh­ how a school is run becomes more important than who ing the difficulties. Measuring the relative weight of prob­ runs it. No public money would be used to support "pri­ lems of change is simply another way of expressing basic vate" schools in the new sense of the word. And any group approval or disapproval of new proposals. that operates a "public" school (in the new sense of that In any case, when regulated, a voucher plan need not word) would be eligible for government funds. This re­ imply the dissolution of public education, if one has examination of terms undergirds the regulated compensa­ any confidence in public school boards, administrators, and tory voucher plan. teachers. No voucher school - whether private or public Given the strength of opposition to vouchers in any - would have an unfair edge in competition with any form, there is more progress to report on the regulated other voucher school. Financing would be equalized per model than one might expect. And, of course, there is pupil; harder-to-teach children could not be locked out. considerably less progress than the staunchest proponents Under regulations such as these, no effective public school had hoped for. Thus far, six school districts have been should fear extinction. But under such rules, inferior pub­ awarded OED grants to study whether they want to pro­ lic and private schools will get a clear message from con­ ceed to a demonstration: Alum Rock in San Jose, Califor­ sumers. nia; Gary, Indiana; New Rochelle, New York; Rochester, While each regulation of this new voucher plan does New York; San Francisco, California; and Seattle, Wash­ protect against any educational practices contrary to the ington. Four of these school districts - the larger cities public interest, the whole plan has as its foundation a sig­ - have decided not to go ahead: Gary, Rochester, San nificantly different definition of "public education." Since Francisco, and Seattle. One plausible explanation is that the 19th century, schools and colleges have been classified large city school districts, beset with strikes or threats as "public" solely because they were owned and operated of them, with near bankruptcy, with school desegregation by a governmental body. Colleges are called "public," for struggles, and with increasing numbers of "disadvantaged" example, even when many people cannot afford their tui­ children, do not have the courage or the strength to test tion. In New York, Boston, Philadelphia, and elsewhere, so controversial an educational idea. Some teacher organ­ exclusive high schools are "public" even though only a ization officials, however, would like to take credit for handful of students can meet their admission requirements. the defeats. In February 1973, after the Rochester Board The familiar neighborhood school rates the name "public" of Education rejected a plan to experiment with vouch-

despite the fact that people must live in the neighborhood ers, the National Education Association explained that the to attend it and neighborhood residence is conditioned by decision was the culmination of a ten-week anti-voucher a large downpayment and the right skin color. Finally, campaign conducted by their state and local affiliates. whole school systems are identified as "public" even when Since the Board of Education in New Rochelle, New they refuse to give anyone information about what they York is just beginning serious consideration of whether and are doing and how successfully. On the other hand, schools how to apply the regulated voucher system to its schools, are classified as "private" merely because they are owned their possible participation remains an open question. The and operated by private organizations. People persist in best news to date has come from Alum Rock in San Jose, calling these schools "private" even when, as increasingly California, where the school board decided last spring to happens, they are open to every applicant on a non-dis­ test out the desirability and practicality of the regulated criminatory basis, charge no tuition whatever, and freely compensatory voucher plan. The project, begun last Sep­ share any information they have about themselves. tember in six of Alum Rock's sixteen elementary schools,

24 Ripon Forum enrolling over three thousand students, is what OEO calls The committee of parents and school personnel charged a "transitional phase of the voucher demonstration," since by the local board of education to oversee the voucher only public schools ( as traditionally defined) are eligible project has not fully exercised its powers. And the more for vouchers. California law does not permit at this time complex and more precise accounting system required by I public expenditures for private educational services. But vouchers has not been fully installed. But none of the to create as much diversity as possible, thereby increasing problems has proved overwhelming; each is being remedied the range and significance of parent choice, each of the in preparation for the expanded program next year. participating voucher schools has launched from three to Alum Rock is a beginning, and there are other signs five distinctive mini-schools on its campus. One elementary of cautious optimism. The state assembly in Connecticut school contains a "basic skills" mini-school, a mini-school has passed special legislation to permit up to six full scale voucher demonstrations in that state. Legislators in at least three other states are considering similar bills. Last fall, Given the strength of opposition to vouchers the schools of Hartford, Connecticut asked the Office of in any form, there is more progress to report Economic Opportunity for money to study the feasibility on the regulated model than one might ex­ of the regulated voucher plan under the new Connecticut pect. enabling legislation. Other school districts in four sep­ arate states have made initial inquiries about the applicabil­ for individualized instruction designed by Behavioral Re­ ity of vouchers to their schools. search Laboratories, a "fine arts and creative expression" In recent months, rumors and then reports of the dis­ mini-school, and a futuristic program called "School 2000." continuance of the Office of Economic Opportunity have (This limited and publicly managed voucher demonstra­ caused doubts about whether the struggle to test vouchers tion has the support of the local teachers' organization.) would be abandoned. Publication of the proposed "Budget The Alum Rock Board of Education had committed of the U.S. Government: Fiscal Year 1974" provides the itself to add more schools next fall if the first year's opera­ essential assurances that voucher proponents need. That tion proved reasonably successful. And in February 1973, budget contains the following note: "The 1974 request for after considering the options of withdrawing from the ex­ the National Institute of Education (HEW) includes $23.9 periment, of continuing the project with the same hand­ million to continue the educational voucher demonstration ful of schools as last year, or of inviting the participa­ and other projects designed to test ways to provide equal tion of additional public schools next year, the local school educational opportunities." Voucher experimentation is board approved expansion to up to eleven more schools. slated to continue. but under new auspices. The Alum Rock Board of Education has also committed The creators of the regulated compensatory voucher itself to exploring the desirability of moving to the full plan at the Center for the Study of Public Policy persist regulated voucher plan, should the transitional model con­ in their belief that this plan has sufficient merit to tinue to work out and should legislation be passed in be tested in a handful of school districts across the na­ Sacramento enabling the inclusion of private schools. Most tion. Whether the plan ultimately threatens the quality of importantly, even the transition model is putting to the schooling in America as opponents fear or whether it guar­ test important features of any voucher plan. Preliminary antees continual renewal. and excellence as proponents hope, and necessarily premature results are encouraging. Before only carefully controlled experimentation in four or five the experiment began, participating schools were integrated, school districts out of the thousands in the nation can es­ reflecting fairly accurately the racial composition of the tablish for open-minded citizens. If the regulated plan district as a whole (approximately 50 percent Spanish­ has some minor deficiencies or needs the streamlining that surname, 10 percent black, 4 percent Asian, and 36 per­ only practical wear and tear can demonstrate, these flaws cent white). The experiment has not thus far disturbed should be exposed and then remedied. Those who expect this balance. Parent choice and the voucher method of fi­ social and educational policy to be influenced by facts rather nancing has created wide diversity of educational offerings. than fads or traditions will want the regulated voucher Each school has at least three mini-schools, giving parents plan tested, not rejected without free and open discussion the option of choosing both the neighborhood school and nor without careful and controlled tests. If the voucher a preferred style of education. In matching mini-schools idea proves successful, school districts across the country to students, parents have displayed discernment to a degree may be wilting to apply the lesson. If it proves to be a not anticipated by even the staunchest proponents of vouch­ mistake, manpower and energy should be put to devising ers. Data collected this fall show that over a third of all and testing other promising remedies for ailing public and parents with two or more children attending the voucher private schools. schools chose to send their other children to different mini­ Adam Smith's proposal that the government finance schools. As one Chicano parent with two of her children education, but that parents be given the choices and money in two distinct mini-schools explained, "I like vouchers. to back them up, has been resurrected, examined, and then They give us choices like the rich." reburied several times since the eighteenth century. Final­ At the same time, there have been the problems that ly, and in the relatively unknown Alum Rock district of any reasonable person would have expected of a program San Jose, California, Adam Smith has one foot in the in its infancy. Some of the Alum Rock teachers and parents door of the American schoolhouse. The test in Alum Rock feel that during the first year the mini-school descriptions and the courage of school boards elsewhere will determine circulated to parents were vague and couched in pedaguese. whether and how far he wiIl enter. •

April, 1973 25 AT ISSUE:

Presidential ColDlDissions

Presidential COm11tISSI011J seem to come and go, bilt Presidents and policies appear to remain the same. The Paley Commission under President Truman, for example, investi­ gated natural resource control and development. Bllt despite President Truman's enthusiasm for the commission's proposals, few were implemellted. The recent National Commission on Materials Policy under President Nixon was charged with nearly the same task but the fu­ tme of its recommendations may be no more encollraging. The article's author is Anthony Mohr, currently a clerk for a federal judge in Los Angeles. Mohr was a 1971 graduate of Columbia Law School, a staff member on the 1968 Nixoll campaign and a delegate to the W bite H OIlSe Conference on Y OIlth in Apl'il 1971.

by Anthony Mohr

Ever since George Washington appointed a blue­ and the result is wasted time and taxpayers' money. In ribbon task force to investigate the cause of Shay's Rebel­ August 1967, President Johnson appointed a Task Force lion, the Presidential Commission has been a political or­ on Telecommunications to study communications policy • nament There have been commissions on violence and in preparation for a meeting with over 90 governments. • on libraries, panels on business taxation and conferences He asked for the final report in August 1968. Many con- on hunger, a President's Task Force on Telecommunica­ tracts went out to research institutes, but somehow the tions, a Youth Advisory Committee to the Selective Serv­ report never appeared. The group still was bumbling along ice System, and a President's Commission on the Supply when President Nixon was inaugurated. Finally, he dis­ of Plywood and Softwood. More than 132 of these bodies banded it, and the Uhited States fared badly at the sub­ have appeared since 1965_ So <>fum has report followed sequent international conference, due to a dearth of infor­ report that a member of the Eisenhower Commission, U.S. mation, much less a clear policy. At this writing, the re- District Judge A. Leon Higginbotham, wrote a plea for port still is not officially published despite an expenditure "a national moratorium on any additional temporary study of at least $1 million. commissions to probe the causes of racism, or poverty, or Exasperating? Then consider the opposite case: the crime, or the urban crisis." Five months later, the Scranton President's Commission on Law Enforcement and Criminal Commission was christened. Justice churned out several volumes containing over 200 Everyone knows the usual reception of these groups. recommendations. Lyndon Johnson requested $50 million Lyndon Johnson ignored the Kerner report President for "pilot programs," a pittance considering the number Nixon "totally rejected" the conclusions of the Commis­ of projects contemplated. Some target communities received sion on Obscenity and Pornography. Vice President Spiro not more than $75. For example, Evansville, Indiana got Agnew blasted the Scranton Commission long before it $112 for a drug-abuse education program and $89 for began conducting hearings, and former New Haven Po­ drug detection equipment lice Chief James F. Ahern, a commission member, said There are several basic reasons for these difficulties. that "it took the President as long to draft a statement of Despite their good intentions, many commissioners lack his reactions to the report as it had taken us to compile the time to do an adequate job. Their staffs usually operate it" In the area of government reorganization, six com· under short deadlines. Politicians harass many commissions; missions reaching back 30 years have accomplished almost and too often, infighting among the members mars their nothing. And although Harry S Truman hailed the Paley credibility. Commission's efforts, very few of its ideas were utilized. It must be said that most U.S. commissioners take Now, 20 years later, another National Commission on their work seriously. Judge Higginbotham gave up his sum­ Materials Policy is in the process of duplicating Paley's ef­ mer vacation to serve on the Eisenhower Commission. For­ forts. mer Sen. Fred Harris (D-Okla.) told the author that he Occasionally, an entire commission has evaporated. devoted between half and two-thirds of his personal time

26 Ripon Forum to the Kerner Commission. And when the Warren Com­ ington sociologist Otto N. Larsen, a commission member, mission was probing the circumstances surrounding John when a "hippie contingent" appeared and voiced its op­ F. Kennedy's death, the former Chief Justice himself flew position to the entire commission. Their leader loudly ac­ to Texas and raced down the stairs at the Dallas book cused the panelists of "lingering McCarthyism;" and when I depository to help settle the Oswald controversy. Larsen challenged him to back up that remark, the inter­ But some members find that they have made one loper replied, "I have the answer in this box." Whereupon, commitment too many. The admission of one attorney is he fished out a pie and threw it at Larsen. Of course, indicative of the problem: "Those were busy days for me. the media collected numerous pictures of Mr. Larsen drip­ In addition to the purportedly part-time job as the mayor ping in whipped cream. in a City Manager city, I was the Chairman of the Legis­ As silly as the incident was, it succeeded in public­ lative Committee for the cities of the State of Washington izing the commission's work. Letters poured in, discussing as well as the President of the National League of Cities not only the hippies, but pornography in general. Con­ which made me the chairman of various committees rela­ gressmen began to notice the group, as did individuals on tive to national problems as well as international municipal the White House staff. And as the controversy mounted, problems. In addition to that, it was necessary for me to subtle hints materialized. Long before the final document maintain a law practice to support myself and my family. went to press, said Judge Gill, "there were informal in­ Under those circumstances there could have been meet­ dications that a liberal report would not receive an en­ ings (of the National Advisory Committee on the Reform thusiastic response" from the President. Moreover, con­ of Selective Service) called which I could not possibly at­ gressmen began mentioning casually that their constituents tend." expected an unbending call for morality. Meanwhile, the external pressure exacerbated already existing tensions among the commissioners. Looking back at the experience, Father Morton A. Hill, president of Morality in Media, told this author that he considered the whole affair to be slanted. "There was no community (or public) viewpoint heeded nor taken into considera­ tion. The commission viewpoint by and large represented the media establishment and the academic establishment. There was no adequate cross-section of views. The com­ mission was stacked." In a separate interview, Otto Larsen blamed Hill and another conservative, Charles Keating, for the infighting. "They just didn't like research, period," Early deadlines are a second obstacle to commission he growled. It seems that some experimenters at the Uni­ effectiveness. Usually, these groups are given a two-year versity of North Carolina were analyzing physiological term, hardly an adequate period in which to study such reactions produced by salacious material. The activities subjects as urban violence or porno.graphy. Judge Thomas occurred under commission supervision and were quite D. Gill of the Connecticut Juvenile 'Court remembers the above-board. But Hill became upset because one measuring final months before the 1970 deadline for the Obscenity index was the frequency of ejaculation. He promptly in­ report: "There were more meetings, more sub-reports to read. The work always had been substantial, but now it formed Jack Anderson, who in turn exposed the commis­ sion's methodology. was even more demanding." Life on the Kerner Commis­ sion at one point became even more frantic. David Boesel Obviously, the commission system can use an over­ of that commission's staff lamented, "We were working haul. Before commissions can become effective and cease around the clock. We slept in our offices - they brought wasting the public's money, several changes are necessary. in cots - and we never left. It was crazy. We'd be found 1. A few congressmen and senators should be in­ in our underwear darting across the hall in the mornings, cluded in any national commission. This automatically just before people came to work." would give Congress a vested interest in the result and Racing against the clock forced the Kerner Commis­ would improve the commission's standing among politi­ sion to farm out many projects to university institutes and cians. With greater legitimacy, perhaps more task force private think-tanks. With only a few months to consider recommendations would become law. the issues, some of the researchers simply did not com­ 2. Commissioners should reserve a large time block plete their work. Others submitted what they themselves in which they could devote virtually all of their energies considered shoddy work. to the assigned task. After working with the Kerner Com­ The most glaring problem confronting most task mission's Advisory Panel on Private Enterprise, Lawrence forces, however, is politics. The very people who create Stone, a law professor at Berkeley, commented that infre­ these organizations are only too willing to sabotage them quent meetings and truncated schedules are the natural ob­ for a few votes. An excellent illustration of this process is stacles when "you appoint a bunch of fancy people in­ the Commission on Obscenity and Pornography. It had volved in other matters. It would be better," he continued, been operating smoothly and professionally until one par­ "to take a month off, get some staff, and write the whole ticular hearing in the Senate Caucus Room. About 30 or thing." This approach has been used successfuIly in the 40 groups had been testifying, recalls University of Wash- past. The White House Conference on Youth churned out

April, 1973 27 over 550 recommendations while sequestered in the Rocky Mountains for a week. A brief, focused period often is more productive than dozens of meetings strewn across DULY NOTED: BOOKS two years. 3. Congress should consider adopting the British sys­ • The New Majority, by Patrick J. Buchanan. (Pub­ tem in which the Chief Executive must respond in detail lished by the Girard Bank of Philadelphia, 1973, 79 pages, no price indicated) ContemporM'Y American politics can to each commission recommendation and state precisely why be described in 79 pages and a simple dicotomy: The Lib­ he rejects any of them. As Sen. Fred Harris said in an in­ eral Establishment vs. The New Majority. As Mr. Bucha­ terview, "a President who appoints a commission with the nan, a special consultant to the President, describes the 1972 elections, the result was nothing less than "a victory taxpayers' money should react to its ideas. Otherwise it of 'the New American Majority' over the 'New Politics-' is a waste." (Incidentally, it would not be a bad idea to a victory of traditional American values and beliefs over follow another British custom: to require the commission the claims of the 'counter-culture,' a victory of 'Middle America' over the celebrants of Woodstock Nation." But research to proceed in confidence until all findings are the elections did not end this conflict, Buchanan observes complete and ready for publication.) in anticipation, for ''with the submission of the 1974 Finally, the President and the Congress should budget to Congress - the President has made clear his 4. priorities, and the battle seems about to be join-ed." Thus realize that not every crisis is appropriate for commission Buchanan foresees "A collision between Congress and treatment. In the past, the most successful efforts have President, between the nation's regnant ideology on one hand and the nation's political majority on the other." come from the smaller, technical commissions. Many sug­ On the establishment's side are -all the liberals who "still gestions of President Truman's Airport Commission be­ dominate the Senate, the great foundations, the national came law. The key proposals of Dwight D. Eisenhower's media, the prestige universities, the arts. They publish and promote and review most of the books the nation Commission on Finance and Credit are now part of the buys an:d reads. They are not without power." In contrast, Small Business Act. And Dean Sherwood Berg of the Uni- ''The President who has won the allegiance of the major­ ity of Americans has confldence in himself and his leader­ ship, but has no great Establishment behind him - in Dr. Moynihan's phrase, no 'second and third orders of ad­ vocacy.''' Funny; as I recall it, Dr. Daniel P. Moynihan used the phrase about the absence of "second and third orders of advocacy" in reference to the President's own staff - implying, in his 1iarewell speech to the White House, particular concern that the President's Family Assistance Plan had not received enough support from those like Mr. Buchanan. But do not be troubled with the details; on to the political holy wars and hope that those moderates do not try to save us from self destruction. Reviewed by Robert D. Behn. versity of Minnesota Agricultural School reported that the • American Presidents and the Presidency, by Marcus National Advisory Commission on Food and Fiber, which Cunliffe. (American Heritage Press, 1972, 446 pages, he chaired, translated 70 percent of its proposals into leg­ $9.95) British author and historian Marcus Cunliffe's re­ islation. published book is a sprightly, fast-moving but superficial glance at the presidency of the United States. It is, by Nor can commission topics be charged with political his own admission, an overview - both of the history overtones. In the words of one commission veteran, Ira and the issues surrounding the presidency. He divides Heyman, the topic must be one about which there is al­ his review into three historical periods: the basic evolu­ tion (George Washington to Abraham Lincoln); the era ready some consensus. Heyman, who was general counsel of limiting factors (Abraham Lincoln to William Mc­ to the Skolnick Task Force on Violent Protest, argued Kinley); and the growth in power (William McKinley to that there must be two conditions precedent before a com­ Richard Nixon). Intruding into this neat chronological trilogy are passages or, in some cases, whole chapters mission approach is worthwhile: first, the commissioners devoted to issues of the presidency which seep beyond must be able to demonstrate to the public that a value the historical period around which the particular section is focused. The issues are the stuff of which great books subliminally shared by most of the public is being violated. are written - the President as party leader, the power Second, they must demonstrate that technical methods are struggle between the President and Congress, and the available to solve the difficulty. Only then should the na­ problems of succession, to name just three. Indeed, most of 1973's political themes are touched on somewhere. Cun­ tion and its leaders endorse the group's work. liffe dwells on Andrew Jackson and John Tyler who, like These suggestions and others like them are piecemeal Richard Nixon, were forceful Presidents who preferred approaches. Even with them, the commission system will a relatively weak federal government. And he paints a sympathetic sketch of Martin Van Buren who, like David retain its farcical image until politicians take their reports Broder, saw the strengthening of political parties as the seriously. When a White House aide is instructed to mon­ key to government in the public interest. It is disappoint­ itor a task force and discourage controversial proposals ing, in this regard, that Cunliffe sheds no historical light on the impounding dispute currently in full heat in Wash­ (which happened with the Kerner Commission), or when ington, D.C. Cunliffe's style is that of the magazine excessive publicity forces people to brainstorm in front of writer - light and entertaining. He uses understatement television cameras, the final reports will be nothing more (Sherman Adams's "minor impropriety") and humorous analogies ("it is tempting to speculate that the national than worthless prose. To be sure, people will continue to game of politics has influenced the development of the serve because, on a selfish level, the experience is invalua­ American version of football") to make his points. At times, Cunliffe is sloppy (his description of Sen. Edmund ble. Educators mingle with senators; lawyers woo new S. Muskie, the 1968 vice-presidential candidate,as a "little clients. But the affair still will remain a sport, enhancing known governor from a minor state") and often uneven. nothing more than the members' egos, until some changes He provides brief but valuable insights into some lesser known Presidents such as James Polk and artfully weaves are made.• some fascinating and not well known incidents into the

28 Ripon Forum central issues of the book (e.g., the resignations of Sen­ Rep. William Scherle, looking for a promotion; and for­ ators Roscoe Conkling and Thomas C. Platt of New York mer Lieutenant Gov. Roger Jepsen and Veterans Adminis­ in a patronage dispute with President James Garfield). tration administrator Donald Johnson, both perhaps look­ But too often he leaves the reader in the dark with mere ing for new jobs. passing mention of an obscure situation (Andrew Jack­ son's "Peggy Eaton affair") which he claims to have • "Hoosier Rises, Taking Time," by Saul Kohler. Mem­ I been critical to the development of the office. On the phis Commercial Appeal, January 21, 1973. In an inter­ whole, American Presidents and the Presidency takes the view with Newhouse News Service's Saul Kohler, Indian­ smorgasbord approach. Every President, every presiden­ apolis Mayor Richard Lugar said, "My preference is to tial election, every presidential scholar, and every pres­ be chIef executive of whatever I do. Yes, I admit I am idential theory is displayed on Cunliffe's table. But for interested In being chief executive of the United States, the yearning student or even the modestly well-informed but I am a patient man. It could be that 1976 will not political observer, it is too much variety with too small be the right year. Well, I have time. There is no reason helpings which leaves the reader like the eater who fills to go in for a gesture of futility." Lugar admitted that up on the cheap hoI'S d'oeuvres and has little stomach increasing his name recognition was a "long and torturous left for the real thing. Reviewed by Martin A. Linsky. process. But it is worth the effort, because my view of national politics is that it is not a short run or an over­ night success." The 40-year-old mayor indicated that he did not believe that the step from mayor to president was an insurmountable one. "Only after someone chal­ lenges the view do people believe it can be done and then all the shibboleths are broken." DULY NOTED: POLITICS • "Bold Challenge Against Demos," by David Nordan. The Atlanta Journal and Constitution, March 11, 1973. "Since many elections past, the Georgia Republican fa­ thers have been gathering at the party gates to weep and • "Democrats Begin Plugging Away at Side ISSUes," mumble and study the bones in an effort to figure what by Jack Zaiman. Hartford Courant, February 25, 1973. they did wrong again," writes David Nordan, Journal po­ Although Connecticut Gov. Thomas J. Meskill's proposed litical editor. "The signs have always indicated the same tax cuts will undoubtedly win him political points in prep­ things: their candidates were, with a few exceptions, a aration for the 1974 gubernatorial campaign, Courant col­ bunch of goats or sacrificial lambs; and their grass-roots umnist Jack Zaiman predicts that the Democrats will find organization functioned like it had been put together by a fruitful field of side issues - just as they did between an Arab general." But Georgia Republican Chairman Bob 1951 and 1955 with Gov. John Lodge (R). "Overall, Am­ Shaw says things will be different in 1974. "First of all, bassador Lodge's performance as governor during that Shaw is holding out a list of potential candidates which period was good. But the Democrats got to him on a wi-1h<2.ut question comprises the best-looking group the side issue - that he couldn't make up his mind and that party has come up with in many years." The guberna­ he usually was late for functions." Despite such "side torial and senatorial challenges may be weak re-runs of issues" 'as Meskill's handling of the bus strike and his previous races but the 1974 congressional races (which pay raises for top 'assistants, Zaiman says that Meskill featured only two real contests in 1972) may present may have a budgetary gimmick up his sleeve. He has new challenges to the Democratic Party. The Minnesota put Connecticut's share of revenue-sharing funds in a Vikings quarterback, Fran Tarkenton, is considering run­ trust fund, which he may combine with other sequester­ ning against U.S. Rep. Robert G. Stephens in the 10th ed funds to produce a big 1974 tax break for the state's C.D., for example. State Representatives Paul Coverdell voters. and George Larson, both from Atlanta, are supposedly considering a run for the 5th C.D. seat recently captured • "Secret Memo Names Reagan Inner Guard," by by Andrew Young (D). In all but two of the state's 10 Harry Farrell. San Jose Mercury, February 1, 1973. Re­ congressional districts - those belonging to U.S. Repre­ ferring to a memo issued after a September 2, 1970 hotel sentatives Phil Landrum and Howard "Bo" Ginn - Shaw meeting in Los Angeles, Mercury political editor Harry is contemplating serious races. To accomplish this, a team Farrell writes, "It indicates that as long ago as September, of full-time, paid organizers is being assembled under 1970, the small group of Reagan's staffers and ex-staffers Richard McBride, a former campaign aide to 1972 sen­ (although not the governor himself) was planning to atorial aspirant Fletcher Thompson. dominate crucial GOP decisions four years into the fu­ ture." Issued by Paul Haerle, who was recently elected • "A 'Packard' Plan for '74 GOP Races," by Earl state GOP vice chairman, the memo parcelled out re­ Behrens. San Francisco Chronicle, March 15, 1973. Ac­ sponsibilities for key political developments in California cording to Chronicle political editor Earl Behrens, White through 1974, such as the selection of national commit­ House pressure might be applied to get Attorney General tee representatives, selection of a Los Angeles County Evelle J. Younger, State Controller Houston Flournoy GOP chairman, solution of the "problem" of the notori­ and Lieutenant Gov. Ed Reinecke to seek re-election ously independent San Diego County GOP chairman, and rather than the California gubernatorial nomination in coordination of a possible campaign by Gov. Reagan or 1974. Behrens says there is speculation that the White Lieutenant Gov. Ed Reinecke in 1974. When former Na­ House would prefer David Packard, former undersecre­ tional Committeewoman Eleanor Ring was asked by Far­ tary of defense, as the gubernatorial nominee and Robert rell whether she thought the memo indicated an attempt Finch, former HEW secretary, as the senatorial nominee. by the Reagan "palace guard" to dictate party affairs, Mrs. Ring said, "It looks like that, doesn't it?" • "The Submerging Republican Majority: The 1972 Election in South Dakota," by Alan L. Clem. Public Af­ • "Who's for Senator?" by Frank Nye. Cedar Rapids fairs (Governmental Research Bureau, University of South Gazette, March 4, 1973. "From the way Iowa Republicans Dakota), February 1973. "In 1956, 1962, and 1968, (Sen. are licking their chops you'd think they already had un­ George) McGovern was the only major Democratic can­ seated U. S. Sen. Harold Hughes, the Democrat who didate who won in South Dakota; in 1972, he was one comes up for re-election next year." Because of Hughes's of only two major Democratic losers in the state. Of role in the Iowa Democratic Party's rejuvenation, Iowa course, in 1972, he was running for President and, in 1974, Republicans have a particularly hard spot in their hearts he will be running for another term in the Senate. The for him. Gazette political columnist Frank Nye indicates question is, will his popularity in the state increase or that there will be plenty of Republican hopefuls if Gov. decline." If a possible Democratic primary between Mc­ Robert Ray decides to seek re-election instead of chal­ Govern and Gov. Richard F. Kneip develops, University lenging his Democratic predecessor. Among the would-be of South Dakota Professor Alan L. Clem concludes, "It candidates are State Rep. David Stanley, looking for a would certainly be a political donnybrook, not unlike rematch of his 1968 race with Hughes; former Sen. J·ack the Nebraska-Oklahoma football game of Thanksgiving, Miller, looking for a comeback after his 1972 upset; U. S. 1971."

Aprit, 1973 29 in which all relationships are peaceful, where each individual has sovereign power over his own person and whatever property he has received LETTERS through voluntary contracts. This might be acceptable were it written in the The Goodell Gang 1960's as a preface to John Locke's Second Treatfse on F. Clifton White is his own best publicist, and I am Civil Government. But the age of the unfettered atomistic surprised that J. Brian Smith ("The Emerging Repub­ individual has long since passed (if it was ever inore than lican Youth, February 1973 FORUM) would take White a romantic illusion) - and happily so. We live in a na­ at face value. Sen. James Buckley did not have the most tion of 210 million people, with an economy which gen­ youth support during the 1970 New York senatorial cam­ erates over one trillion dollars in "voluntary contracts" paign. Sen. Charles Goodell did. each year. Life is complex, and - unfortunately - not If Mr. Smith had checked with the local New York all rel~tionships between our citizens are peaceful, or press or a member of former Sen. Goodell's staff, he seem lIkely to become so. The United States thus needs would have learned that youth were the major base of powerful political agencies to facilitate and organize the the Senator's support. He would also have learned that Immense ~d often-conflicting forces within our society. young people composed an integral part of the Goodell AmerICans have traditionally been critical of their campaign - 90 percent of the leadership and staff were government; suspicious of its powers. But they have also persons in their late teens, twenties and early thirties. ~ecognized .that the absence of law is an unsatisfactory And finally, for the record, Buckley did not have more mdex of eIther freedom or well-being. For just as im­ youth support than Goodell and Ottinger, but less. portant as negative liberty (characterized by a minimum TANYA MELICH of government-imposed restraint), is positive liberty (ex­ New York, New York emplified by collective efforts to broaden and extend the opportunities available to all citizens). We have therefore - for our happiness, if not our survival -'chosen to Intellectuals confer substa.I?-t!al power on groups, associations, and gov­ I am a Riponian with probably too many interests ernments, desIrmg that these surrogates will act affirma­ for my well being, but only one of them concerns me tively to further the general welfare as well as reactive­ here. My primary interest is pure science. As a research­ ly to fend off usurpers and tyrants. And this is as it should er in quest of knowledge alone, I am distressed at the be; the Electoral College infidelity of Roger Lea MacBride antipathy I encounter. notwithstanding. It is something which ought to concern Riponians, PETER V. BAUGHER but is seldom if ever mentioned: the pervasive anti-in­ President tellectualism exhibited by this strange group known his­ New Haven Ripon Chapter torically as the Republican Party. I find this negative emotion, which is also extremely widespread within the Democratic Party (and all America), but tolerated there, Youth Issues Program tragic, because intellects and intellectuals are no more Upon reading "The Emerging Republican youth" by J. or less human than anyone else. In a society which claims Brian Smith in your February 1973 issue, I was some­ to be fair and democratic, it is grossly unfair that those what surprised but mainly amused by Smith's criticisms who happen to have brains are often systematically ex­ Of. the Young ,{oters for the Pr~sident (YVPl. During cluded from positions of responsibility in civil affairs - thIS past campaIgn I served as DIrector of Field Activi- particularly so within the Republican Party. What is the 4 ties for t~e YVP in Washington, D. C., and feel compelled particular sin of possessing brains? to reply, If only for the sake of clarity. I feel that Mr. I happen to believe that our greatest President was Smith is a trifle misguided as to the work and objectives the man from the woods of lllinois, who was not an in­ of the YVP organization, and under a slight misconcep- tellectual, but who was very much a philosopher, and not tion as to the effect of the Youth Issues Program. only tolerant of but accepting of intellectuals. He re­ The concept behind the formation of the youth Is­ spected brilliance, but was not an intellectual precisely sues Program is admirable; to bring the issues of the because he was a much bigger person than that: his per­ campaign to the college campus for discussion. It so hap­ sonality could encompass intellect and earthiness at the pens that I was working at a college in Westchester Coun­ same time. If our Society imitates Lincoln, perhaps it ty, New York one day last fall, and was able to witness ought to address the question of how he lived with such one of Mr. Smith's presentations. I was, to say the least a broad life-view, and how we can do the same. And sorely disappointed. As Mr. Smith breezed past o~ further that we presently need another such person very recruitment table he did not as much as nod to the vol­ sorely. Someone who has a boondocks understanding of unteers who were working with me (nor for that mat­ our ills, a deep personal wisdom, and an abiding faith ter, did he acknowledge me, although we' had never met in freedom, but also a thirst and tolerance for new and challenging ideas. I am tired of millionaire Presidents, and he did not know me). I wish he had seen the glances whether they be Texas ranchers, Boston aristocrats, or he drew on the campus in his three-piece suit while toting a j~or executive briefcase. When I entered the sym­ California press-haters. I look for a true people's Pres­ POSIum room, I found it poorly attended, with the audience ident, who is popular, representative, but who is not in­ generally composed of already Republican youth. toxicated with power; one with whom "Anyman" (or Perhaps the reasoning behind this demeanor is con­ "Anygroup") can reason. So what, right? Is this not what everyone wants tained within Smith's article. He states that "The future you say? No. The missing ingredient is intellect. If w~ leadership of !he nation presently resides on the nation's are to have a great President ever again in our increasing­ campuses. It IS there that the issues are discussed and ly complex and computerized society, he must be not debated with the most fervor." To me this statement only humble and humane, but "brainy!" smacks of elitism; that non-college youth have little to I would like to see someone within the Ripon "think­ offer the country and that they are unconcerned with tank" in Cambridge address this problem. Just how do po~iti.c~l issues. I ~ave experienced that although the intellectuals function in an anti-intellectual party? prIOrItIes may be dIfferent, food prices and Vietnam are MIKE HANSEN discussed with as much fervor on the job as they are on Pocatello. Idaho the campus. If this is the attitude of the participants in th~ Yo~th Issues Program, I. can see its only effect as re~orcmg the already negative Republican stereotypes: libertarianism the Image of our party composed of the well-to-do wear­ Reading the February 1973 FORUM one could hard­ ing suits and short hair, and flowing forth profuseiy with ly miss an apparent sudden enthusiasm for "libertarian­ cute rhetoric. t ism." In his article, "The Case for Libertarianism," Mark Smith alleges that the YVP excluded college youth Frazier summarizes that creed as follows: and placed its main emphasis on the blue-collar among Libertarians hold to a basic tenet that no man the young. This accusation is wholly inaccurate, and I may initiate force or theft against any human am surprised that Mr. Smith is so poorly informed to be­ being, for any purpose. They envision a society lieve it. The YVP College Program, under the director-

30 Ripon Forum ship of Ken Rietz and George Gorton, put together col­ lege organizations in all of thirty-eight states, with con­ tacts in all fifty. The membership by election day included more than one quarter of a million students on campuses 14a ELIOT STREET all across the country. The purpose of finding these pe0- ple was to involve them in the actual process of the cam­ paign and the election itself. Can this be called an ex­ • Melvin Dltman, vice president of the New Haven clusion of college youth? Are written endorsements from Chapter, has been appointed to the Republican Advisory more than 250 student leaders a sign of excluding col­ Committee of New Haven. lege youth? I would say that involving so many individ­ • Ralph Loomis, former Ripon executive director, has uals in a program like this gained more support for the been appointed manager of urban and rural affail's for President than preaching to a handful of the intelligent­ the U. S. Chamber of Commerce. He will be based in the sia from a podium. I feel that in the long run, the Re­ Northeast. publican party will benefit from Rietz and Gorton's ap­ • The next meeting of the National Governing Board, proach. Mr. Smith proudly points out that F. Clifton to be held in New York City, is scheduled for the weekend White had attributed the success of his youth campaign of April 28-29. for Sen. Buckley to "giving them a chance to get in­ • Anne Marie Borger has completed the production volVed." It is an acknowledged fact that the YVP vol­ of a new Ripon Society brochure. (A new decade = a unteers participated in massive registration drives, tel­ new brochure.) Several thousand copies are now glutting ephone canvasses, and office work as well as the renown­ the Ripon warehouse at 14a Eliot Street. ed parties and concerts. (It is also worthwhile to note that the youth co-ordinator of the Buckley effort was George Gorton.) As the YVP participant now looks back THE RIPON soclm INC is a Republican research , • po~ organization whOlie on the good time and great effect he had upon the 1972 members are young bUIIlnen, academic and professional men and campaign, he or she is far more likely to remain involved women. It has national hea~uarters In Cambiidge MassachUlletts chapters In sixteen cities, National Associate mmnhers througheui in Republican politics than one who merely sat in on a the filty states, and several affiliated groups of subchapter status. question and answer session with some Republican kid The Society is supported by chapter dues, Individual contribu­ in a suit for ten or fifteen minutes. The emotional com­ tions and revenues from its publ1iiations and contract work. The mitment, so important in maintaining an active volun­ S~ety offers the follOWing options for annual contribution: Con­ tributor $25 or more, Sustainer $100 or more; Founder $1000 or teer roster, was far greater in the YVP program. more. Inquiries about membership and ~apter organization should The Youth Issues Program did have its place in the be addrened to the National Executive Director. campaign, this being the discussion and analysis of the NATIONAL GOVEllNINa BOABD concerns of the voter. I was glad to have had this help Officers during the hectic days of the campaign, but speech in 'Ron Speed, President itself is not enough. When Mr. Smith left his campus ·Paul F. Anderson, Chabm_ of the BOCD'd ·Patricta A. Goldman, Chairmcm of the Executive Committee stops, the student audience was still completely bom­ 'Richard E. Beeman, Vice PJ.esident of FInance & Treasurer barded with literature and argument from the opposition. 'Edward W. Miller, Secretary Here is where the YVP proved the more efficient. Our Boston PittsbW1Jh organization gave the student body a constant awareness 'Martha Reardon 'Murray Dickman that not all students were against "Four More Years," Martin A. Llnskv James Groninger Michael W. Chrlstian Bruce Guenther and that even some of their friends (the "long-hairs," Cambridge the "jocks," and the "freaks") were active in the Nixon Joel P. Greene campaign right on campus. In these numbers, they found 'Bob Stewart SlIClttle GUll Southworth -Tom Alberg_ constant reinforcement for their position as well as a ChicClg'o Mason D. Molisset rebuttal to the opposing stands. 'Jared Kaplan In conclusion, let me once again draw upon Mr. A. Richard Taft Washh!.gtcm Tomas Russell -Allce" Telelman Smith's article. He quotes Abraham Lincoln as advising Detroit LarrY' Finkelstein us to "Let the people know the facts and the country 'Dennis Gibson WU!leLeftwlch will be saved." I am in complete agreement on this point, Stephen Selander Mary E. Low At Large but feel that Smith is being naive in seeing this one Hartford "Josiah Lee AUllpltz tactic as all that is needed to conduct a political cam­ Nicholas Norton "Christoper T. Bayley paign. If we Republicans are to increase our registration, 'Stewart H. McConaughy Christopher W. Becil Los Angeles Robert L. Beal let us increase our appeal to the people. Let us have 'Michael Halliwell Robert D. Behn speeches and discussion of issues, while at the same time Thomas A. Brown Mark Bloomfield remembering that a social drive, an economic drive, and Edward McAnlfl "Michael Brewer Memphis Jan Bridges a competitive drive combine with the intellectual drive ·LInda Miller Ralph Ccxprio to attract a voter. We must strive to appeal to an of the William D. Whitten "Bruce Chapman interests and needs of a voter if we hope to win his sup­ rerry Katz Pamela Curtis port. Minneapolis Robert W. Davidson 'Johil Ca1rns Evelyn F. Ellls EDWARD MEYERS Jim Manahan Al Felzenberg Director of YVP Field Kati SassevUle Glenn Gerstell Nashville "Howard F. Gillette, Jr. Activities 'Leonard Dunavant Bema Gorensteln Worcester, Massachusetts Dru Smith Ralph J. He1kklnen Bill Gibbons "Lee W. Huebner New Hcrv8ll Pbfrl1emC, Johnston 'Peter V. Baugher W J. X1Iberg Melvin Dttman Ralph Loomis Corrections Jeffrey Miller Judith R. Lumb New Jersey -'J. EUgene Marana Names of two authors were misspelled in the March 'John Brotschol Tanya Melich FORUM: Ann Cuningham ("Getting Involved in Crime Harry lOlne Don Meyer and Corrections") and George Gorton ("Getting College Nan- Mmer '-John R. Price, Jr. vz "lohn S. Saloma m Republicans Out of the Closet"). Like they say, in like New York Daniel J. Swlllinger a lion, out like a lamb. In the same issue ("Energy, En­ Martha Ferry LlxIh Thayer 'Werner Kuhn Chris Topping ergy, Who's Got the Energy?"), the White House Office Richard Scanlan "Peter Wallison of Science and Technology was somehow Identified as the PIilluclelphlu R. Qulnay White "Office of Science and Theology." However, that office ap­ 'Robert J. Moss Lyndon A.S. Wilson parently does not conduct Sunday church services at the WUliam Horton Richard Zimmer White House. And finally, in the December FORUM, State Ex-OfBcio At Larqe -Richard W. Reilin, M_uging Director Rep. MIchael J. Obuchowski, 21, was identified as a Re­ 'Michael F. MacLeod, National Director publican. Obuchowski is a Democl'at. In fact, of the 11 -Robert Gulick, COUDllel members of the Vermont House of Representatives who 'Clair W. Rodgers, Jr., COUDllel 'National Executive Committee Member are 26 or younger, only three - Thomas R. Haley, Jr., -'Past President. Chabman of the Board. or Chairmcm of the 25, Gregory E. Reed, 20, and James H. Douglas, 20 - are Executive Committee Republicans.

April, 1973 31 Don't read NATION if you want your news 0C1 sugar-coated ~ manipulated ~ controlled NATION plays it straight THE NATION steps on toes, creates embarrassment, out­ rages sensibilities. THE NATION bears unwelcome news ... news that may upset you, irk you, dismay you - simply be­ cause it is always, insofar as we can ensure it, absolutely true. Some call It Umuckraking" ..• we call It newl. Provocative and venturesome ... THE NATION has been traveling the route of independent expression and dissent for more than 107 tumultuous years. Here is the forum for all free-thinkers who are not afraid to challenge the age-old ill­ nesses that still confront America today: anti-intellectualism, intolerance, injustice, imperialism, inertia. And here, week after week after week, is the forthright comment by those who seek to examine and re-examine, expose and oppose, question 1 and criticize the causes of our day. $ Try THE NATION -4weeks-only • Send only $1 now for a 4-week trial subscription to THE NATION - to help keep you up-to-date on the most LET THE NATION absorbing political and social issues of our time. (Regu­ prick ,our conscience with larly 50t per copy on newsstands; you save 50% on this tlmel, article. like the.. introductory offer.) Even so, if not satisfied after read­ ( •. , from recent Issues) ing these 4 current issues, just tell us so and your $1 will Hawk's Nest: be refunded in full, no questions asked. Mail coupon The American Security Council below, today! The .Armageddon Bluff: Dr. Kissinger's Strategy for THE Winning Mr. Nixon's War. The Phone Company Papers: A Peek at the Books Cable TV: NATION Omission by Commisaion 333 Sixth Avenue / New York, N. Y. 10014 Richard Nixon, Theologian The only 107-year-0Id magazine that's still ahead of its time. , .. and much more... 333 Sixth N. Y. , t------_ THE NATION Au"., New York, 10014 I disagreed I course, which I enclose $1. Please enter m)/ 4-week trial subscription to THE "I ha.e. 0 r 01 arllCles Ihe N I NATION. with the understanding I.may have my money back in I QUOTE~ wil~ a nU~~E NAilO I ~-::e al· I lull if not completely satisfied with the trial. I appeared In Ihl~me, hOwe.e~ lorlhrighl· ha~~s . AI Ihe sdaml~e courage a~he laclS and PRINT :.ys· respecl:dilors in slaling mire I Name .H...... I eSS 01 Ihe" William Proll ~nalyzing Ihem. _ Sen. Addreas .. . whiCh has I ..H...... I . ub\\callOn . inleresl E' "II IS a p Ihe pubhc eaking QUOT. ad.ance~ Ihal \rulhlUI ~~I 10 a I City ..State...... Zip.... I . h underslan S liC is essen I 0 I'm already convinced. Here's $7.50 0 Bm me and ~hl;nlighle~ed . pub h V lindsay for the next 6 months (24 issues). for 6 mo. I ~~Ii~n's well·belng. - Jo n . I • Add 50; postage lor Canada & Mexico; $1 othaT foreign RF ,

32 ------_Ripon Forum ..