What Happened to the Constitution?
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2010_5_17 postal_cover61404-postal.qxd 4/27/2010 6:35 PM Page 1 May 17, 2010 49145 $3.95 SPECIALISSUE WHAT HAPPENED TO THE CONSTITUTION? Matthew J. Franck, Michael S. Greve, $3.95 Charles R. Kesler, Jack Wade Nowlin, 20 Bradley C. S. Watson, Christopher Wolfe 0 74851 08155 6 www.nationalreview.com base_milliken-mar 22.qxd 4/23/2010 3:17 PM Page 1 ÍÍÍ ¢ ÊÊ ÊÊ Nuclear$ Energy is the Lowest Cost ÊÊ ÊÊ Ê 'Producer of.- 24/7 Electricity. -PXDPTUFMFDUSJDJUZJTUIFMJGFCMPPEPGFDPOPNJD U.S. Electricity Production Cost HSPXUI"UKVTUDFOUTQFSLJMPXBUUIPVS (Cents per Kilowatt-Hour) OVDMFBSFOFSHZJTUIFNPTUBGGPSEBCMFFMFDUSJDJUZ { UIBUJTBWBJMBCMF5IF64&OFSHZ*OGPSNBUJPO "ENJOJTUSBUJPOQSPKFDUTUIBU"NFSJDBXJMMOFFE QFSDFOUNPSFFMFDUSJDJUZCZUPNFFU { HSPXJOHEFNBOE/VDMFBSFOFSHZDBOIFMQ QSPWJEFUIBUFMFDUSJDJUZXIJMFSFEVDJOHPVS { Ê Ê Ê Ê Ê Ê Ê Ê ÊÊ ÊÊ Ê { PWFSSFMJBODFPOGPSFJHOTPVSDFTPGFOFSHZ /VDMFBS $PBM /BUVSBM(BT 1FUSPMFVN 4PVSDF7FOUZY Nuclear. Clean Air Energy. 7JTJUOFJPSH*2UPMFBSONPSFBOEUBLFPVSPOMJOFRVJ[ toc_QXP-1127940144.qxp 4/28/2010 1:39 PM Page 1 Contents MAY 17, 2010 | VOLUME LXII, NO. 9 | www.nationalreview.com ON THE COVER Page 24 The Constitution, at Last Here is the beginning of an agenda Jonah Goldberg on the Tea-Party Critics for conservative legislators and p. 16 presidents, and for citizens, to guide us back—or rather forward—to a BOOKS, ARTS healthier, more responsible, and more & MANNERS constitutional political life. Charles R. Kesler 48 A GOVERNMENT WITHOUT BOUNDS COVER: ROMAN GENN Ramesh Ponnuru reviews Never Enough: America’s Limitless ARTICLES Welfare State, by William Voegeli. 16 THOSE BLUE-BLOODED REDNECKS by Jonah Goldberg 49 THE ORIGINAL SIN In which plutocrats pretend the tea partiers are plutocratic. Daniel Pipes reviews Palestine Betrayed, by Efraim Karsh. 18 SHADOW BAILOUTS by Kevin D. Williamson The Democrats punish Wall Street with promises of endless money. 55 THE WEST’S BURDEN Roger Kimball reviews The Tyranny 21 GOVERNOR FREEZE by Josh Barro of Guilt: An Essay on Western In New Jersey, Chris Christie shows it is possible to stop Masochism, by Pascal Bruckner. rampant public-employee wage growth. 56 A PORTRAIT OF CHAIRMAN BILL FEATURES James E. Person Jr. reviews William F. Buckley Jr.: 24 THE CONSTITUTION, AT LAST by Charles R. Kesler The Maker of a Movement, Let us return from a regime of arbitrary power to one of self-government. by Lee Edwards. 28 DARWIN’S CONSTITUTION by Bradley C. S. Watson 58 FILM: CHILD MISUSE Why progressives took it upon themselves Ross Douthat reviews Kick-Ass. to purify our founding charter of its meaning. 59 THE STRAGGLER: 36 THE LAWLESS WELFARE STATE by Matthew J. Franck THE VOICE OF THE DERG It is unconstitutional, but the remedy will come from the people. John Derbyshire confronts the risks and rewards of medical care. 40 SUPREME ARROGATION by Jack Wade Nowlin The Constitution is too important to leave to judges. SECTIONS 41 OUR DEFUNCT COMMERCIAL CONSTITUTION by Michael S. Greve Federalism and originalism are not enough to restore it. 2 Letters to the Editor 4 The Week 44 THE CULTURAL PRECONDITIONS OF AMERICAN LIBERTY 47 The Long View . Rob Long by Christopher Wolfe 51 Poetry . Jennifer Reeser Rich soil is required for the health of this plant. 60 Happy Warrior . Mark Steyn NaTIoNaL RevIeW (ISSN: 0028-0038) is published bi-weekly, except for the first issue in January, by NaTIoNaL 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., 2010. address all editorial mail, manuscripts, letters to the editor, etc., to editorial Dept., NaTIoNaL RevIeW, 215 Lexington avenue, New York, N.Y. 10016. address all subscription mail orders, changes of address, undeliverable copies, etc., to NaTIoNaL RevIeW, Circulation Dept., P. o. Box 433015, Palm Coast, Fla. 32143-3015; phone, 386-246-0118, Monday–Friday, 8:00 a.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., NaTIoNaL RevIeW, 215 Lexington avenue, New York, N.Y. 10016 or call 212-679- 7330. PoSTMaSTeR: Send address changes to NaTIoNaL 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_QXP-1127940387.qxp 4/28/2010 1:39 PM Page 2 Letters MAY 17 ISSUE; PRINTED APRIL 29 Standing Up for Crockett’s Stand EDITOR Richard Lowry It was appalling to read the description of Davy Crockett, a defender of the Alamo, as a “gaudy self-promoter” in your commemoration of Fess Parker Senior Editors Richard Brookhiser / Jay Nordlinger (“The Week,” April 19). Ramesh Ponnuru / David Pryce-Jones The founder and longtime editor of NATIoNAl RevIeW, William F. Buckley Jr., Managing Editor Jason Lee Steorts Literary Editor Michael Potemra defended the memory and history of Davy Crockett and the Alamo. Jay Winik Executive Editor Christopher McEvoy National Correspondent John J. Miller quoted Buckley’s comments in his review of A Line in the Sand: The Alamo Art Director Luba Kolomytseva in Blood and Memory, by Randy Roberts and James S. olson, in NR in 2001. Deputy Managing Editors Fred Schwarz / Kevin D. Williamson Winik wrote: “By the late 1960s, the authors tell us, the Alamo, like so many Associate Editors other hallowed institutions, had fallen on hard times, an early casualty of the Helen Rittelmeyer / Robert VerBruggen Research Director Katherine Connell culture wars. The men of the Alamo, once revered, suddenly became, in the Research Manager Dorothy McCartney words of revisionist historian Jeff long, ‘ignorant trigger-pulling white trash,’ Executive Secretary Frances Bronson Assistant to the Editor Natasha Simons while budding history scholars likened them to Nazis. even the venerable Contributing Editors Crockett, long regarded as a freedom fighter, public servant (a former con- Robert H. Bork / John Derbyshire Ross Douthat / Rod Dreher / David Frum gressman, he was once talked about as a Whig presidential candidate), back- Roman Genn / Jim Geraghty / Jonah Goldberg woods philosopher, and prototypical American frontiersman, abruptly became Florence King / Lawrence Kudlow / Mark R. Levin Yuval Levin / Rob Long / Jim Manzi a ‘phony’ (Arthur Schlesinger’s word); ‘barely literate’ (e. J. Kahn Jr., writing Andrew C. McCarthy / Kate O’Beirne in The New Yorker); and ‘purchasable for no more than a drink’ (Murray David B. Rivkin Jr. Kempton). (William F. Buckley Jr. was one of the few to rise to Crockett’s NATIONAL REVIEW ONLINE Editor-at-Large Kathryn Jean Lopez defense, exclaiming that this was in part a ‘traditional debunking campaign’ Managing Editor Edward John Craig by ‘liberal publicists. He’ll survive the carpers.’)” Deputy Managing Editor Duncan Currie Associate Editor Emily Karrs Staff Reporter Stephen Spruiell News Editor Daniel Foster Web Developer Nathan Goulding Technical Services Russell Jenkins CHAIRMAN & CEO Thomas L. Rhodes EDITORS- AT- L A RG E Linda Bridges / John O’Sullivan Contributors Hadley Arkes / Baloo / Tom Bethell James Bowman / Priscilla L. Buckley Eliot A. Cohen / Brian Crozier Dinesh D’Souza / M. Stanton Evans Chester E. Finn Jr. / Neal B. Freeman James Gardner / David Gelernter George Gilder / Jeffrey Hart Kevin A. Hassett / Charles R. Kesler James Jackson Kilpatrick / David Klinghoffer Anthony Lejeune / D. Keith Mano Michael Novak / Alan Reynolds William A. Rusher / Tracy Lee Simmons Terry Teachout / Taki Theodoracopulos Winik also wrote: “Is there a final verdict on the Alamo? Perhaps one need Vin Weber look no further than John F. Kennedy’s presidential campaign in 1960. After Chief Financial Officer James X. Kilbridge Accounting Manager Galina Veygman speaking at the Alamo, JFK had hoped to avoid the gridlocked courtyard. Accountant Zofia Baraniak Turning to his host, a Daughter of the Republic of Texas, he asked for the Alamo’s Treasurer Rose Flynn DeMaio Business Services back door. ‘Senator,’ she returned, ‘there are no back doors at the Alamo. only Alex Batey / Amy Tyler heroes.’” Circulation Director Erik Zenhausern Circulation Manager Jason Ng WORLD WIDE WEB www.nationalreview.com Carol L. Crockett MAIN NUMBER 212-679-7330 SUBSCRIPTION INQUIRIES 386-246-0118 Harbor, Ore. WASHINGTON OFFICE 202-543-9226 CORBIS ADVERTISING SALES 212-679-7330 / Executive Publisher Scott F. Budd THe eDIToRS RePly: Davy Crockett died a hero’s death, alongside all the other Advertising Director Jim Fowler Advertising Manager Kevin Longstreet defenders of the Alamo. But he was also an ambitious politician and a gaudy ASSOCIATE PUBLISHER Paul Olivett self-promoter. History is as simple as humanity. PUBLISHER Jack Fowler BURSTEIN COLLECTION FOUNDER William F. Buckley Jr. Letters may be sub mitted by e-mail to [email protected]. 2 | www.nationalreview.com MAY 1 7 , 2 0 1 0 For a strong economy and clean air, Westinghouse is focused on nuclear energy. WESTINGHOUSE ELECTRIC COMPANY LLC WESTINGHOUSE ELECTRIC COMPANY The nuclear energy renaissance has already created thousands of new jobs. By providing reliable and affordable electricity, nuclear energy will help keep American business competitive, and will power future worldwide job growth. Westinghouse and its 13,000 global employees are proud of our leadership position in this important industry. Our technology is already the design basis for well over 40 percent of the world’s operating nuclear power plants, including 60 percent of those in the United States. The Westinghouse AP1000TM nuclear power plant is the most advanced of its kind currently available in the global marketplace. 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