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SCALIA's LAST OPINIONS by Matthew J. Franck

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SCALIA's LAST OPINIONS by Matthew J. Franck 20160314upc_cover61404-postal.qxd 2/23/2016 6:58 PM Page 1 March 14, 2016 $4.99 JJOHNOHN O’SO’SULLIVANULLIVAN:: KKEVINEVIN D.D. WWILLIAMSONILLIAMSON:: WhatWhat Mrs.Mrs. ThatcherThatcher WroughtWrought WhyWhy WeWe HateHate WallWall StreetStreet A JUSTICE IN FULL Hadley Arkes G Stephen Breyer G Alan M. Dershowitz G Richard A. Epstein Matthew J. Franck G Robert P. George G Ruth Bader Ginsburg G Mario Loyola Paul Scalia G Clarence Thomas G Edward Whelan Et al. G The Editors www.nationalreview.com ASCF_milliken-mar 22.qxd 2/22/2016 11:20 AM Page 1 America: Step Up, Wake Up, Wise Up By Gen. Frederick J. Kroesen, U.S. Army retired he American Security Council Foundation has produced a American forces to be ready to combat such threats. Instead, we have noble program called Step Up America, which is designed to an antiquated nuclear deterrent of suspect reliability, and conven- help educate young Americans about their culture, their gov- tional forces that are being reduced by budget and structure limita- ernment,T and the history of the design and growth of the most suc- tions to a state of questionable capability for achieving the minimum cessful, powerful and humanitarian nation the world has ever seen. requirements of the National Defense Strategy. Specific details of the limitations of the joint forces are beyond the scope of this col- Unfortunately, there is now a requirement for a corollary program. umn, but those of the Army component essential for any operation Some might call it Wake Up America, but I think Wise Up America are especially worrisome. is more appropriate. Existing forces—some domestic, some interna- tional—are working or threatening to damage, if not destroy, our Current defense strategy for which an Army of 490,000 active, nation. 205,000 Reserve and 350,000 National Guard soldiers was consid- ered adequate by the Joint Chiefs of Staff is now programmed at an The world has become more unfriendly, principally the Islamic ter- “acceptable” 450,000, 195,000 and 335,000, respectively; and fore- rorists who are not averse to a generational religious war fought with bodingly, at an “affordable” 420,000, 185,000 and 315,000. But end- suicide attacks from land, sea or air—or with weapons of mass strength reductions are not the only worrisome issue. The impact on destruction, should they become available. That threat is growing, Army combat capabilities includes a drastic loss of experience as the destabilizing the Muslim world, invading Europe and Africa, and captains, majors, colonels and sergeants of the recent wars must be creating subversive cells in the United States. terminated. A second threat is the expansionism of Russia, which has committed The Defense Officer Personnel Management Act requires reductions air power to settle the Muslim disagreements and establish a of officers by grade as percentages of the total force. Other congres- foothold in Syria, building an airfield to protect its naval base. No sional limitations apply the same kind of rules to noncommissioned ground forces are to be committed except, of course, a few thousand officers. The officer reductions are further increased by the normal to secure the air base. From these operations will come an influence practice of introducing thousands of second lieutenants earning com- on control of the production and distribution of Mideast oil, and missions as they graduate from the U.S. Military Academy and access and egress in the Persian Gulf. Additionally, Russian action in ROTC college s who must be assimilated to maintain a year-group Eastern Europe threatens its neighbors with indications of wishing to balance in the force. Finally, there are requirements to continue restore some of the borders of the Soviet Union, some of which social changes that will force additional leaders out. It will take years include NATO nations. to restore the leadership experience that will be lost. Another disruptive threat encompasses East and Southeast Asia, Modernization of the Army becomes almost a dead issue as more where the North Koreans are ever more dangerous as they contem- than 100 weapons and equipment programs are modified or canceled plate the use of their nuclear arsenal to reunite the peninsula. The and new starts are halted comple tely. Army structure, measured in role of China in another Korean dispute is unknown, but the steady brigade combat teams, will be reduced more than 40 percent while buildup of Chinese military capabilities and their claim to sovereign- the mission requirements continue to demand the same rate of rapid ty over islands and waterways in the South China Sea are potential rotation burdened by soldiers during the last decade. trouble spots. Threats to U .S. naval operations in the Western Pacific from both China and North Korea are tangible. The Army will continue to provide the high-quality forces to respond immediately to meet crisis needs. But very early and against any The threat list includes many more potential requirements for a well-prepared enemy, it will be faced with expending rather than counter-military involvement: protecting embassies, cyberwarfare, sustaining combat efforts. A replica of the Bataan Death March is a border disputes, and the growth and use of weapons of mass destruc- haunting portent. The move from step up to wake up to wise up is tion around the world. We are committed formally and morally to already at hand for both Congress and the American people. allies around the world (NATO, Israel, South Korea, Philippines, Taiwan) and perhaps to places where unforeseen crises occur (Kuwait, Grenada, Bosnia). Gen. Frederick J. Kroesen, USA Ret., formerly served as vice chief of staff of the U.S. Army and commander in chief of U.S. Army There can be no doubt about the potential need for capable joint Europe. He is a senior fellow of AUSA’s Institute of Land Warfare. From ARMY Magazine, January, 2016. Copyright 2016 by the Association of the U.S. Army. Limited reprint permission granted by AUSA. TOC--READY_QXP-1127940144.qxp 2/24/2016 2:25 PM Page 1 Contents MARCH 14, 2016 | VOLUME LXVIII, NO. 4 | www.nationalreview.com ON THE COVER Page 23 BOOKS, ARTS Scalia’s Last Opinions & MANNERS Justice Scalia was rightly celebrated for 36 MAGGIE IN CHARGE his brilliant reasoning and his rapier- John O’Sullivan reviews Margaret Thatcher: At Her Zenith: sharp prose style. From his majority In London, Washington, and opinions on free exercise of religion Moscow, by Charles Moore. and Second Amendment rights to his 39 A VERY BIG TENT famous dissents on the independent Matthew Continetti reviews The Four Faces of the Republican counsel, abortion, and same-sex Party: The Fight for the 2016 Presidential Nomination, marriage, among countless others, by Henry Olsen and Dante J. Scala. Scalia authored more opinions that 43 POLICY MIXING will be read a century hence than Ramesh Ponnuru reviews anyone since John Marshall. Matthew J. Franck The Midas Paradox: Financial Markets, Government Policy Shocks, and the Great COVER: THOMAS REIS Depression, by Scott Sumner. 44 INSIDE MAN ARTICLES Daniel N. Robinson reviews The Tides of Mind: 16 ACCURSED WALL STREET by Kevin D. Williamson Uncovering the Spectrum of Our ritual, shallow denunciations of the finance industry. Consciousness , by David Gelernter. BETTER DAYS FOR GLOBALIZATION by Reihan Salam 18 46 FILM: IN THE CARTOONS Technology should make it more of a win-win. Ross Douthat reviews Deadpool. 43 AND HIS THEME by Jay Nordlinger 21 47 CITY DESK: EXERCISE A visit with George W. Bush. IN STYLE Richard Brookhiser goes to the gym. FEATURES 23 SCALIA’S LAST OPINIONS by Matthew J. Franck His final two dissents reveal themes of his jurisprudence. 26 SCALIA’S BLOW FOR FEDERALISM by Richard A. Epstein & Mario Loyola SECTIONS The significance of Printz v. United States. 2 Letters to the Editor A JUSTICE IN FULL 4 The Week 28 The Long View . Rob Long A symposium on Antonin Scalia. 34 35 Athwart . James Lileks 31 THE CRISPR CONUNDRUM by John J. Miller 44 Poetry . William W. Runyeon A powerful new genetic technique comes with possibly grave dangers. 48 Happy Warrior . David Harsanyi NATIONAL REVIEW (ISSN: 0028-0038) is published bi-weekly, except for the first issue in January, by N ATIONAL REVIEW, Inc., at 215 Lexington Avenue, New York, N.Y. 10016. Periodicals postage paid at New York, N.Y., and additional mailing offices. © National Review, Inc., 2016. Address all editorial mail, manuscripts, letters to the editor, etc., to Editorial Dept., N ATIONAL REVIEW, 215 Lexington Avenue, New York, N.Y. 10016. Address all subscription mail orders, changes of address, undeliverable copies, etc., to NATIONALREVIEW, Circulation Dept., P. O. Box 433015, Palm Coast, Fla. 32143-3015; phone, 386-246-0118, Monday–Friday, 8:00A.M . to 10:30 P.M. Eastern time. Adjustment requests should be accompanied by a current mailing label or facsimile. Direct classified advertising inquiries to: Classifieds Dept., NATIONALREVIEW, 215 Lexington Avenue, New York, N.Y. 10016 or call 212-679- 7330. POSTMASTER: Send address changes to N ATIONAL REVIEW, Circulation Dept., P. O. Box 433015, Palm Coast, Fla. 32143-3015. Printed in the U.S.A. RATES: $59.00 a year (24 issues). Add $21.50 for Canada and other foreign subscriptions, per year. (All payments in U.S. currency.) The editors cannot be responsible for unsolicited manuscripts or artwork unless return postage or, better, a stamped, self-addressed envelope is enclosed. Opinions expressed in signed articles do not necessarily represent the views of the editors. letters--NEW_QXP-1127940387.qxp 2/24/2016 2:45 PM Page 2 Letters MARCH 14 ISSUE; PRINTED FEBRUARY 25 EDITOR Opiate Withdrawal: Discomforting or Deadly? Richard Lowry Senior Editors Richard Brookhiser / Jonah Goldberg / Jay Nordlinger Kevin D.
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