Nelson Rockefeller: Always the Bridesmaid, Never the Bride RIPON

JANUARY, 1974 Vol. X, No.1 ONE DOLLAR ,

The Old Rillht Versus the New Bipt CONTENTS

What Have They Got on You? ...... 4 In this editorial, the Ripon Society reviews the At Issue threat to personal privacy of government com­ puter data banks, and concludes that strict laws limiting access to and collection of such informa­ tion are needed. The Old Right Versus The New Right ...... 17 There are really two conservative groupings today in the Republican Party, argue the authors of the Ripon Society's forthcoming book on the 1972 presidential election. There is the Old Right, whose fundamental concern is with personal freedom, and Commentary the New Right, whose deepest allegiance is to na­ tional security. Clifford Brown, the editor of the new Ripon book, explains why the two groups may soon end their "peaceful coexistence." The New Rockefeller ...... 5

Editorial Board Chairman Robert D. Behn reviews the presidential campaign strategy of former New York Gov. Nelson Rockefeller (R) and concludes that the critical choice, from Rockefeller's point Features of view, may have already been made. Politics: Reports ...... 15

The Politics of Privacy .. ·...... ·.. ·...... 6 Politics: People ...... 16 Ohio State Sen. Stanley Aronoff (R) served on the Department of Health, Education, and Welfare Duly Noted: Books ...... 22 Advisory Committee on Automated Personal Data Systems which issued its report on computer data banks in 1973. In this ,article, the Cincinnati leg­ Letters ...... 22 islator suggests that state and federal legislation should be enacted to limit computer intrusion into personal privacy. 14a Eliot Street ...... 23

Duly Noted: Politics ...... 24 Making Congressional Sense of the Budget ...... 8 THE RIPON FORUM is published semi-monthly by the When u.s. Rep. John J. Rhodes (R-Ariz.) recent­ Ripon Society. Inc.. 509 C Street ly moved up to fill Gerald Ford's spot as House in Washington, D.C. and other maulng houses. Contents are copy­ minority leader, U.S. Rep. Barber B. Conable, Jr., righted © 1973 by the Ripon Society. Inc. Correspondence to the Editor Is welcomed. won an 88-77 victory over U.S. Rep. Del Clawson In publishing this magazine the Ripon Society seeks to provide to fill the spot vacated by Rhodes as chairman of a forum for a spirit of criticism. innovation, and Independent think­ the House Republican Policy Committee. Only in ing within the Republican Party. Articles do not necessarily rep­ his fifth term, Conable is now the fourth-ranking ~~s~~~~h~~Pinlon of the Ripon Society, unless they are explicitly Republican leader in the House. In this article, SUBSCRIPTION RATES are SIO a year, $5 for students, service­ the highly-respected member of the House Ways men, and for Peace Corps. ,Vlsta and other volunteers Overseas and Means Committee outlines the imperative need air m.ail. $10 extra. Advertising rates on request. S10 oi any con­ tributIon to thn Ripon Society Is credited for a subscription to the to reassert congressional control over the federal Ripon FORUM. budget. Editor: Dick Behn Editorial Bocrrd: Robert D. Behn. Chairman Tanya MeUch Robert H. Donaldson Ralph Thayer lames Manahan Robert G. Stewart Memories of a Firey Moderate ...... 9 Contributing Editors: Josiah Lee Auspitz. CliHord Brown, Glenn Gerstell. George Gilder. William A. Koelsch, Richard W. Rahn, Former U.S. Rep. Fred Schwengel is an authority John Rehfuss and Daniel Swillinger. on Abraham Lincoln and is also the chairman of Assistcmt Editor: Victoria Golden the Capitol Hill HistoriCal Society. Lincoln com­ Advertising Mcma:gen Deborah Bowen Copy Editors: Evelyn LaBan and Suzanne Ray bined the politics of principle ,and the politics of Stc:df Assistcmt: Nelson Millet pragmatism in a way which today's "strategic" Art: Leslie Morrill. Annie Greene poll ticians could well copy. Correspondents Arthur F. McClure. Missouri Foy McDavid. Alahama I. lames Plant, Nehraakat Gordo, Williams, Colorado Scott Green. N_ Hampshhe James Gardner. DelCIWCD'G Deryl Howard. North Carolina James F. McCollum. Ir.. Florida Henri PeU lunod, Ohio Steven Livengood. Georgicr William K. Woods, Ohio The Power to Wage War ...... 10 Mike Hansen. Idaho Stephen lones, OklahomCl David A11Ison, Jndic:ma Eric R. Blackledge, OreqoD Thomas A. Sargent. Jndicma Donato Andre D'Andrea. ll. I. There's a strong constitutional basis for the war C.R. Connell. IowCl Bruce M. Selya Rhode JalClnd powers bill passed by Congress last fall over Pres­ ludy Gentry, K_ Dean Sinclair, South CarollnCl ident Nixon's veto, according to U.S. Rep. Pierre lohn C. Yoder. Xcmscm Stanford M, Adelstem, S. D. Donald Gulick. Kentucky Mark Gustavson, Utah S. duPont (R-Del). DuPont, along with U.S. Rep. ErIc Karnes, Kentucky W. Stuarl Parsons. WlscoDSiD Paul Findley (R-m.) was one of the chief Repub­ lames Harrington, MczIne Georqe Charles. VenaoDi lican proponent architects of the measure. ''I'm just trying to help," said Ziggie. eMargin Release "I know, I know." I was beginning to be grateful PETERSBURG - "There's a 'bug' around," said Zig­ that I lived across from the only bar in town. And the gas gie, the proprietor of one of two country stores in town. station next door was looking nicer by the minute. But the The "bug" Ziggie was talking about was a fire-related wisdom of local Republicans in firing the $300-per-year , species, unconnected with Watl:ergate. "He's burned a half­ constable to save money was looking more and more dubi- dozen houses during the last two weeks," said Ziggie. "He's ous. a real nut." I thought of my fire insurance. I thought of the fire I started worry~ng at this point. Every time I drive hydrant on my front lawn. I thought of the fire house out to my house in rural New York, I fear it will be re­ two doors up the street. And like a Republican facing re­ duced to ashes by the time I arrive. I am reassured every­ election in 1974, I still worried. time I round ,the bend and see the old shack still stand­ At least: Ziggie admits the danger of fire. Too many ing. White House officials and too many Republican leaders "You ought to put a light on at night," said Ziggie. haven't admitted that the Watergate "bug" is setting fire "This 'bug' is hitting all the summer places." Now I was to the party. really getting worried. My house was about as secure as When next year's election results are investigated, the access to White House tapes and about as easily erased. fire marshal's verdict is likely to be "arson." That is, unless "What sort of houses is he hitting?" I asked, seeking the White House bug is impeached before the fire. db reassurance that only lonely, isolated buildings were targets for this pyromaniac. "Houses on the main road that he can get to and leave quickly," answered Ziggie, destroying my optimism as quickly as the bombshell from the White House affects Republicans. My house is on the main drag in town; in fact, the klids think my front lawn is the main drag. Still, I hoped that these were isolated cases; why would anyone want to burn my house? "He hits at 1 a.m. every fourth night," said Ziggie. "He hit last on Tuesday, so we're expecting him on Friday." Like a good Republican hearing the name of the President these days, I winced. "Does he do much damage?" I inquired. "Two total losses. Two more with 40-50 percent damage." He'll call in a false alarm for one end of town and then set a fire 10 miles away. Again, the Republican WaJt:ergate syndrome worsened. Where will it end? ''I'm getting tired staying up all night fighting fires and coming home in time to open up the store. I can't take it any more," said Ziggie. I lounged anxiously against the soda cooler. If I had worry beads, I would have fingered them. In a patriotic (s!1ingy) fit a month ago, I had turn­ ed off the electricity in my house and retreated to Breed's Hill. Now I was under attack from a firebug. It wasn't fair. Republicans suffered enough. "Do you know anybody Who can move into your house?" asked Ziggie, helpfully. "I don't know anybody," I replied. "Or somebody who could stay in it once in a while?" he coIli1:inued. "Nobody," I said, with the loneliness only Republi­ cans feel. ------I wish to subscribe to the Ripon Name ...... 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A group of civil libertarians, meanwhile, under the leadership of the National Law­ EDITORIAL yers Committee for Civil Rights under Law are prepared to go to court if the protective NCIC guidelines, which were being developed by fonner Attorney General El­ What Have They Got On You? liot Richardson, are not pursued by Richardson's suc­ The right to privacy is one of those keys to per­ cessor. sonal freedom that is never appreciated until it is lost Additional federal data banks include the Depart­ or thre:ttened. ment of Transportation's National Driver Register, the Individual privacy is under attack, however, and registry of persons receiving drug treatment, the famous each day, unauthorized invasions of that privacy erode Army surveillance files, and the growing use of the so­ its foundation. Perhaps the most insidious example of cial security number as a universal identifier by the De­ this erosion is the development of computerized data partment of Health, Education, and Welfare and other banks of personal information by public agencies and agencies. Privacy freaks like Harvard Law Professor private institutions. The growth of these data banks has Arthur Miller, Columbia Law Professor Alan Westin, prompted the infonnation of counter-efforts, both in and Sen. Sam Ervin (D-N.C.), and the American Civil Lib­ outside government. (See "The Politics of Privacy," page erties Union have been decrying this technological threat 6.) for years. But their concerns have now been echoed by Examples of official personal data collection abound. a growing group of politicians and bureaucrats. Security clearances routinely seek 0t>inions about the The most significant addition to the data bank de­ sexual and drinking habits of potentlal employees. Ar­ bate was the "Report of the Secretary's Advisory Com­ rest records, even when no conviction follows arrest, mittee on Automated Personal Data Systems," released are often maintained as part of the official police record by HEW last July. The committee was appointed in early where they can be used in later court proceedings. Data 1972 by then-Secretary Richardson. The 346-page report bank files are used to record such innocuous activities recommended "fair information" legislation to guaran­ as attendance at civil rights rallies, audits of income tax tee that individuals can find out what data is being returns, and investigations of credit ratings. maintained about them, can obtain a copy of the infor­ The initial collection of the data, which is often mation, can contest its accuracy and pertinence, and can done for legitimate public purposes, is not the problem. refuse to provide their social security number to anv­ The difficult problem is the aistribution to the public one not specifically authorized by law to demand it. in of such information, its access to unauthorized persons, addition, the committee came out squarely against the its use for unintended goals, and the misinterpretation use of the social security number as a national universal to which it is subject when taken out of context. identifier. Indeed, the original legislation for social se­ The most famous data bank in operation is the curity numbers made a similar stipulation. FBI's National Crime Information Center. In theory, the NCIC is a national computer network of law en­ Unfortunately, while the HEW report provides a forcement data available to 40,000 public agencies at guide for action at the state and federal levels, it ap­ the press of a botton. Under the leadership of Gov. pears to have fallen on less-than-receptive ears at HEW Francis W. Sargent (R), Massachusetts has refused to itself. Since the report was issued, HEW has revoked submit arrest data to the NCIC unless the arrest led to regulations protecting the privacy of welfare recipients, informally suggested a national registry of runaway youths, continued to explore further uses of the social security number, and continued to push its national data bank on drug users. Action on limiting and controlling computerized collection of personal data is long overdue. Enforceable restrictions must be placed on the machines, the com­ puter operators, the aata input, and the output. Every person ~ould have a legal right to inspect data files on himself, to seek interpretations, and to challenge the infonnation. Furthennore, each existing and new col­ lection and use of data bank infonnation should be justi­ fied in light of potential invasions of privacy. The right to individual privacy is basic to the birth of this country. Moreover, individual privacy is a basic element in Republican mistrust of government omnis­ cience. That the grossest invasions of privacy have occur­ red undlr Republicans Richard Nixon and John Mit­ chell's AdmiOlstration should be a stimulus (or Repub­ lican action. When the HEW report was released, Elliot Rich­ ardson, speaking then as attorney general, spoke of the need to temper the use of computerized government data banks with "the average citizen's wish to be let alone." Such wishes cannot be lightly trampled in the interests of bureaucratic expediency. Republicans should see that they are not. 111

4 Ripon Forum campaign for mayor of New York or The governor has learned the futili­ that his successor as governor, Mal­ ty of seeking support from distrust­ Editorial Board colm Wilson, will probably lead New ful delegates. Explained another Rocke­ COMMENTARY York Republicans to defeat next No­ feller aide, "Sometimes you have to vember apparently does not strike be 'one of the boys' to get to the top." Rockefeller's advisors as inconsistent. True enough, but there are two ways Further, the governor has concluded to be "one of the boys." The first is - indeed he concluded several years to accommodate yourself to the exist­ ago - that he must move to the right ing boys; however, as Kempton notes, to win both Republican support and this is difficult to do when "the boys" the general support of the electorate. have long been suspicious of your ideo­ Attica, welfare "reform," and drug logy. The second way is to get yo,,/, laws all come from Rockefeller the boys - the boys of whom you are The "pragmatist" - aides assure you he already one - into the positions that was never a liberal - who finally determine who gets to the top. Be­ understands how to win the preside~­ cause we have always started late, pro­ cy. ''I'm not moving to the right," the gressive Republicans in general and governor has explained, ''I'm just deal­ Nelson Rockefeller in particular usual­ N·ew ing with problems as they come up." ly have been placed in the unhappy The question is: Just who is Rocke­ position - dictated by the demands feller convincing? "Governor Rocke­ of campaign tactics - to accommodate feller has been dutifully preaching themselves to the existing boys. Nelson over the grave of his social conscience Rockefeller has decided to start early, Roekeleller for six years now," Murray Kempton but he is still pursuing the tactic of wrote in a recent issue of New Times, accommodation and making few over­ "with a sincerity obvious to everyone tures to GOP progressives. except those Republicans who will In fact, complaints from the progres­ never forgive his prior intimat~on that sive Republicans are considered help­ by Robert D Behn he might have a social conscience." ful by Rockefeller strategists for they Yet, the governor's aides are con­ reinforce the image of "the New Rock­ vinced of the strategic importance of efeller." Combined with Kevin Phil­ Nelson Rockefeller i·s no quitter. "the New Rockefeller." Responding lips's glowing suggestion that "Rocke­ After three campaigns for the Repub­ to progressive Republican criticism, one feller might be the best candi­ lican presidential nomination, he has aide said: "We did it your way three date to revive the Watergate-throttled decided to try again. To make sure we or four times, and now we're going to 'new majority' of the 1972 presidential take him seriously, he has resigned as try it our way." contest,"this Ripon Society criticism governor of New York to study the We1l, Nelson Rockefeller never did must have Rockefeller aides chortling "critical choices" facing America and it my way. Each time he pursued the in Pocantico Hills, Bar Harbor, Fifth to campaign for the presidency. One illusive target, he initiated contact A venue, and other eastern liberal es- senses that Nelson Rockefeller believes with the Republican Party west of that the most critical choice for Amer­ Lake Erie or south of Staten Island ica is who will be President after only after most of the convention del­ Richard Nixon. egates had, de jure or de facto, al­ Rockefeller and his staff have agon­ ready been selected. At that point, cam­ ized for months over the options open paign realities left him with only tacti­ to the governor and reached several cal decisions concerning how he could conclusions as to the best strategy. They appeal to the existing Republican Party have noted that Richard Nixon defied and i,ts convention delegates, not how the conventional wisdom by winning he could influence who was the Repub­ the nomination and the election with­ lican Pa~ty or who would be the con­ out holding public office or having a vention delegates. In 1968, for exam­ political power base, and that neither ple, Rockefeller's late entry ensured Ronald Reagan nor John Connally will that the only tactic ,that could win him hold elective office in 1976. Thus Rock­ the nomination was to convince the efeller has decided not to risk another delegates that Rockefeller and only gubernatorial campaign, nor to waste Rockefeller could defeat any of the time governing New York, but to pur­ possible Democratic nominees. When sue Republican delegates as a speaker, his media campaign failed to produce campaign helper, and party fundraiser. the necessary results in the preconven­ The fact that the governor ignored tion Harris and Gallup polls, the GOP State Sen. John Marchi's 1973 Rockefeller campaign collapsed.

]anuar')', 1974 5 tablishment hangouts which Phillips person in the United States, this num­ h:1S so enthusiastically denounced in the COMMENTARY ber would cement the foundation for past. more efficient and economical personal "Instead of launching yet another data recording systems. The proposal campaign under the gray flannel ban­ superficially seems forward-looking and ner of the GOP's eastern liberal fringe, innocuous, but the ramifications of such Rocky is laying a strong base as the a procedure could provide the key for widespread invasion of every indi­ candida~e of the GOP center," wrote Phillips in a recent column, which also vidual's right to privacy. condemned the "black/youth/Ripon The need for information for pub­ Society strategists who used to make lic and private institutions justifies the Rockefeller so anathema to party reg­ collection of some personal data. But ulars." Concluded Phillips, "for the the line of distinction between the first time he has the ideological and public's need to know and the indi­ tactical makings of a real shot at the vidual's right to privacy has been grad­ presidency." ually eroded by the increasing cap­ abilities of the mechanical memory Nelson Rockefeller has been "pres­ bank. Computer technology has devel­ idential" in character for over a de­ oped much faster than have the nec­ cade - dominating National Gover­ essary safeguards for privacy protec­ nors Conferences merely by walking in­ tion. to the room - but it is not at all clear 1973 has seen some dramatic devel· how what Phillips calls Rockefeller's opments in the area of public aware­ "ideological metamorphosis" will so ness of the invasion of privacy by easily win him the "GOP center" in what some people term technological competition with Ronald Reagan, John "progress." The Watergate investiga­ Connally, or Gerald Ford. Rockefeller tion has spotlighted numerous abuses has learned half the lesson from the The by government agencies in the realm past: he has learned that he must start of privacy. The media have thrust early. He has not, however, learned cases about the right to privacy into that to win a party's nomination you the public eye. An abundance of pub­ either must have .the natural support Polities lications have alerted the public's at­ of the party, or you must change the tention regarding privacy. Probably party to your own i!lla,ge. the most comprehensive of these stud­ Since the conservative takeover in ies is the recent publication, "Records, the early 1960's, the "GOP center" 01 Computers, and the Rights of Citi· has been so far to the right that Nelson zens," compiled by a Department of Rockefeller cannot expect to win a Health, Education, and Welfare Ad­ presidential nomination until he or visory Committee on Automated Per· his supporters substantially broaden the Privaey sonal Data Systems, sometimes called base of the Republican Party. Rocke­ "The Invasion of Privacy Commi-ttee." feller has never done well in the pres­ The initial impetus for the study idential nomination preference polls of was the widespread use of the social GOP voters, and in a recent Harris security number. Most federal agencies survey "the New Rockefeller" still by Stanley Aronoff and many public and private institu­ placed only fourth (9 percent). In­ tions have adopted the social security deed, the list is now topped by some­ number as a means of identification. one who was not even among the Computerized data exists that could The usual justification for its use is "also-rans" three months ago - Vice damage almost every citizen in the the need for identifiable information President Gerald Ford. United States. Tax reports, credit in­ in order to deliver a service. However, our record-obsessed society has pro­ Rockefeller agonized for months formation, bank files, insurance records vided few restrictions on the use of over his future, but despite the exam­ - these are only a few of the sources an individual's personal data. ination of various possible scenarios, of "private" data that could be col­ he seems to have ignored the most lected by linking numerous computer As a public member of the HEW likely one. In 1976, Nelson Rockefel­ systems with an individual's social se­ Invasion of Privacy Committee, I ler may find himself making ,the mo­ curity number. shared, at first, many other members' tion that the Republican National Con­ A recent editorial in Computerwodd skepticism about investigating the topic vention nominate, by acclamation, in­ supported the construction of a uni­ of computer-based records. Some com­ cumbent President Gerald A. Ford. versal identifier, similar to our present mittee members initially felt that tech­ Maybe the "critical choice" has al­ social security number. Required by nological innovations would correct any ready been made. II law, regulation, or custom for every inequities in the present system. Other

6 Ripon Fomm members expressed faith in the bene­ correct or amend a record of CaL), introduced an amendment to the fits of large-scale data networks in a identifiable information about Social Security Act limiting the author­ densely populated, highly mobile so­ himself. ization for the use of an individual's ciety. (5) Any organization creating, main­ social security number and prohibit­ As the investigation progressed, I taining, using, or disseminating ing the disclosure of the number by , records of identifiable personal became alarmed at the parallel between authorized organizations to unauthor­ the threat of technological "tyranny" data must assure the reliability ized organizations. In addition, and and the concept of "Big Brother" por­ of the data for their intended perhaps with wider implications, Gold­ trayed in Aldous Huxley's 1984. My use and must take reasonable water proposed a federal bill that fears were reflected in an article en­ precautions to prevent misuse would accomplish three basic guaran­ titled "1984 - Only Eleven Years of the data. tees for the individual: (1) the right Away," published in the Spring, 1973, Next, the committee considered four to know the content of computer-stored issue of Siale Govemmellt. The article basic approaches to implement these information, (2) the right to contest focused on the rapid explosion of com­ principles. The first method was to the legitimacy of that information, and puter-based activity in the twentieth urge their adoption by the Department (3) the right to be informed, through century, coupled with the expansion of Health, Education, and Welfare, request, of all the uses of their com­ in number and size of programs of hopefully setting a precedent for other puter-based file. I introduced a "Code social action. The result has been a record-~eeping organizations to follow. of Fair Information Practices" bill in myriad of government and private This approach was not sufficient, as the Ohio General Assembly, based on agencies compiling information in or­ government regulation could not cover the Goldwater bill. A similar bill was der to provide "services" to an ever­ private agencies. In addition, adminis­ introduced in the California legisla­ growing number of citizens. trative guidelines are too often subject ture. The committee's investigation mush­ to change by policy-makers. The sec­ Ohio's proposed data privacy bill, roomed as research and testimony un­ ond approach was to establish a pub­ which applies to both public and pri­ veiled ubiquitous possibilities for the lic ombudsman to monitor automated vate information systems, features a manipulation and abuse of computer­ personal data systems, to identify and series of prohibitions and requirements stored data. 1 As we analyzed the disas­ publicize their potential for harm, and preventing the misuse of information trous consequences, the sentiments of to investigate and act on complaints in data processing systems: the committee underwent a metamor­ about their operation. This method (1) The unauthorized use of data phosis. In spite of the diversity of was rejected as too superficial. The about individuals by comput­ our backgrounds, we converted into a third approach was to create a central­ erized data systems is prohibit­ unified. group dedicated to exploring ized, independent government agency ed. the enhre area of the protection of pri­ to regulate all automated personal­ C2) Computer operations are re­ vacy. Conclusions from testimony and data systems and to impose conformi­ quired to safeguard individual research led to a unified effort to es­ ty to specific safeguard requirements. personal data. tablish a balance between the public's This mechanism failed to receive ap­ C3) Data must be made available need to know and the individual's proval because the committee felt that to individuals. who are subjects right to privacy. a nationwide regulatory agency was of the data, and deletion of er­ not needed at this time. The fourth roneous material and notation Focusing on the most important: approach seemed to provide the best of disputed data is required. problems, the committee concentrated instrument for impl.ementing the com­ (4) No one may require a federal its recommendations on the issue of mittee's principles: the federal gov­ social security account number record-keeping accountability. It con­ ernment and each state government, except when dictated by fede­ structed five fundamental principles to through their legislative channels. ral law. assure openness and fairness in per­ would establish specific obligations C5) Public notice must be given of sonal-data record-keeping operations: for record-keeping organizations. This the existence and character of (1) There must be no personal-data method would delegate the enforce­ a personal-data system and of record-keeping systems whose ment of these rights and obligations to plans to establish or enlarge very existence is secret. the already-established judicial process. such a system. (2) An individual must be able Both civil and criminal penalties would As privacy abuses by government to find out what information be provided for violations. . and private industries are exposed and about him is recorded and how The reaction to the committee's re­ brought to the people's attention, de­ it is used. port was quick to surface. HEW Sec­ mands for legislative redress will in­ retary Caspar Weinberger endorsed crease. 1974 and 1975 will undoubted­ C3) An individual must be able to the proposals of the report and re­ ly find the legislative halls in our gen­ prevent information about him marked that he was taking legislative eral assemblies and Congress filled with obtained for one purpose, fr~ and administrative steps to implement privacy bills intended to insulate our being used or made available most of its major principles. citizens against further unwarranted for other purposes without his intrusions. II consent. The report spurned federal and state I. S!,e HEW rel?c:rt, "!J-ecords, Computers, and legislative proposals. In early August, RIghts of .Cillzens for documentation of ( 4) An individual must be able to U.S. Rep. Barry Goldwater, Jr. CR- ~~i~~~~~s Instances of abuses to right of

January, 1974 7 nam War escalated military expendi­ in December will be before the Senate tures. The Great Society, with its great this year and could take effect in 1975. COMMENTARY greedy heart, could not conceive of a When the bill becomes effective, Con­ national need for which a centrally gress will have to set ceilings on out­ controlled grant program could not be lays and revenues each year, prepare quickly assembled. During the 1960's its own budget proposals, return to the federal categorical grants expanded five Appropriations Committee control of Making times to $37 billion. As these pro­ forms of spending which are not now grams soared past a thousand, some of subject to such review, and extend the our governmental departments became fiscal year (to begin on October 1 rather not so much administering agencies as than July 1) so that all spending can Congress- a collection of cubbyholes. Partly as a be compared at one time to the earlier result, Congress could not even count Budget Committee targets. The ceilings on good policy advice from the Ad­ set earlier in the year can be reviewed ministration about how to differentiate and revised all at one time in Sep­ ional among the forms of largesse. Every tember, but every step in the process program had its vested interest, its un­ has to be related to every other step. met need, its bureaucratic defenders, The process is cumbersome and is not and hence its expectancy. a panacea. It is intended to provide Sense The typical congressman - never a discipline within which the congres­ very skilled in oversight capability but sional will to govern can be rediscov­ increasingly skilled in the techniques ered. 01 of political survival - found it more In the end, whether the process and more dangerous to try to sort out works or not may depend on competi­ the relative importance of these myriad tive factors. The pressure for this re­ programs. The easiest and safest course form diminished perceptibly after the was to consider each program as though W,a:tergate events reduced the effec­ it existed in a vacuum rather than say­ tiveness of the presidency. Congress ing "this" was more important than may resent and circumvent the cumber­ "that," thus offending all the friends some budget procedures the reform em­ of "that." It was hoped th3Jt somebody, bodies if it does not feel threatened by somewhere, was keeping track of it the presidential fiscal alternatives. all and preventing the whole process It is noteworthy that the budget from getting too much out of control. by Barber B. Conable, Jr. But since ,th'at "somebody" was the budget director and the "somewhere" was ·the executive branch, thoughtful Reforms are difficult to achieve. congressmen began to realize there There is no more conservative in­ was a connection 'between ibhese budg­ stitution than government, particularly etary practices and the erosion of con­ aboUII: its own functioning, and repre­ gressional power. sentative government is the hardest to reform because there are always so In a government based on checks many bases to be touched in prepara­ and balances, power seems to belong tion for change. Thus while the Amer­ to those Who control the n~es. The ican total system is dynamic and con­ Office of Management and Budget in­ stantly changing, our governmenil: tra­ creasingly performed this function as ditionallyis a heel-dragging institu­ Congress refused to take responsibili­ reform proposal was coupled in the tion, refusing to acknowledge even in­ ty for keeping it all w~thin a manage­ House with a measure automatically ternal changes long after the need for able whole. Congress could and fre­ reversing presidential impoundments accomrnoda.tion has become painfully quently did quarrel with OMB's priori. by veto of either House. One wishes ties; but Congress couldn't quarrel with apparent. that congressional responsibility would the need for priorities, nor could it No better evidence is available than rise as ,the effectiveness of the presi­ expect to remain a significant part of the reluctance with which Congress dency declines. But in the competitive the government, unless it made the ef­ has moved to deal wrth functional world of politics, this writer fears that fort to establish its own priorities. Put necessities occasioned by ,the fiscal ex­ strength is needed to inspire strength, another way, Congress couldn't effec­ plosion of the mid .. sixties. Any casual and that discipline is the response to tively argue about OMB's measure if observer could see the prolifemtion of discipline. In any event, congressional it didn't get a yardstick of its own. categorical grant programs which es­ fiscal reform is well worth the effort cala;ted domestic expenditures upward That's what it's all about. The Budg­ and constitutes "system maintenance even more impressively than the Viet- et Control Bill passed by the House work" of worthy purpose. ..

8 Ripon Forum weapon - the written and spoken eloquence. As Carl Sandburg said, "he COMMENTARY word. could get to the nub of the thing." In his public speeches, especially his He spoke often not only for his time, debates with Stephen Douglas, Lincoln but for all time: spoke from a knowledge of history I wish at all times in no way to , and law. In these addresses he ex­ practice any fraud upon the house. MelD,ories pressed the fundamental principles that . .. I do not propose to question became ,the bedrock of his support in the patriotism or assail the motives his quest for the presidency. of any man or class of men. . . . I The essential inequity of the Kan­ wish to avoid violations of law 01 sas-Nebraska Act was its betrayal and bad faith. With malice toward of the spirit of free institutions ... none and charity for all let us I object to it because it assumes finish the work we are in .... The that there can be moral right in dogmas of the quiet past are in­ A the enslaving of one man by an­ adequate for the stormy present; we must think anew, act anew, we other ... nearly 80 years ago we must disenthrall ourselves. began by declaring that all men Firey are created equal: but now from that beginning we have run down to that other declaration that for some men to enslave others is a M'oderate sacred right of self-government. Throughout his life Lincoln retain­ ed his moderation and echoed an eter­ nal truth, "Let us have faith that righ{ fry Fred SChJJ'l'IlgC/ makes might." What he said came from deep moral convictions, but he be­ lieved that in both the abolitionist and secessionist camps there were ex­ It is doubtful that Abraham Lincoln tremists who were not pragmatic and ever read Pascal's quote, "To go be­ who would lead the country to division yon~ the bounds of moderation is to and ruin. This moderate, pragmatic ap­ abandon humanity," but he did read proach led to his nomination and elec­ the passage in the Bible which states tion as President. (I Cor. 9:25) : "Every man that strives for mastery is temperate in all things." In the Civil War period Lincoln and In May 29, 1856 at Bloomington, Il­ the. gO¥ernment had many enemies, linois he said, "In grave emergencies who were critical not because they did moderation is generally safer than rad­ not believe their leaders but because Lincoln's life was filled with many icalism." they disagreed with them. They dis­ tragedies. But he had his successes as There were emergencies evident in agreed on ways of saving the Union, well. He was a good surveyor and 1856 that never ceased in number or freeing the slaves, and conducting the country lawyer; he was elected to the intensity during his life. Lincoln saw war. In that entire period, however, legislature, then to Congress, and final­ and understood more clearly than most the people never accused Lincoln of ly to the presidency. Because he un­ that the moral question of slavery dishonesty or unfairness. derstood the ordeal as well as the must be resolved wilthout sacrificing Long before the war Lincoln had triumph of the human spirit of his the Union. established his honesty, made clear his age, he had the strength with which From his knowledge of history and convictions, set priorities and goals to overcome despair. This gives us literature - as well as his experience that could be attained and, in the spirit reason for hope. Finding the roots of in law and politics - he learned early of moderation, he never pressed his his strength, cultivating them and for­ that "there are right and wrong ways, advantages too far. He said, "I shall tifying them with the wisdom gained places, and times to do and say what do less whenever I shall believe what from our own failures and successes, is right." He concluded that forcing I am doing hurts the cause, and shall we too shall prevail. slavery's abolition on the South would do more whenever I shall believe do­ It behooves us in our time, especial. ensure the secession of some states. It ing more will help the cause." It was ly if we serve in public office, to re­ would grievously strain the nation and, the combination of his moderation flect on the patience and candor of more important, it would not solve the with vintues of honesty and fairness Lincoln, the moderate statesman. In moral question of slavery. Taking his that gave him his unique character an~ this time of turmoil, as he advised, cue from St. Paul ("Let your mod­ glowing stature. He knew how to set "let us harmonize ... and appeal to eration be known to all men" [Phil. priorities and spoke of them with a the moderation and the patriotism of 4:5], Lincoln used his most effective rare kind of simplicity, sincerity, and the people."

January. 1974 9 to reporting no legislation. This divi­ broad authority enjoyed by the mon­ COMMENTARY sion was reflected in the first draft­ archs of that period. ing sessions; after roughly four hours Because Article I, Section 8 is the of intense debate, drafting amend­ only instance where war-making pow­ ments to amendments and substitutes ers are expressly mentioned, constitu­ to amendments, the first three of the tional scholars have attached great five sections of the original bill were significance to the amendment that entirely deleted. From these beginnings changed Clause 11 from the power to The it is truly remarkable that the war "make war" to the power to "declare powers bill emerged essentially un­ war." Some have suggested that the scathed from the vigorous debate in change was designed 1;0 restrict the full committee, on the floor, and in role of Gongress to a more formal or Power conference. ceremonial function, implying that the There is no question that the sup­ substantive responsibility lay with the port for war powers legislation had executive branch. The debate was not its roots in frustrations over the Viet­ well reported, but there is strong evi­ nam War and the apparent inability To dence that the amendment was in no of the Congress to affect the direction way intended to weaken congressional of that war. It would be inaccurate, prerogative. There is additional evi­ however, to conclude that Congress' dence supporting the contention that perspective was limited to that ten-year Walle the change in wording was designed period. The subcommittee perspective to relieve Congress from the day.to­ was far broader, taking into account day responsibility for conducting war. the actions of successive Presidents who had exercised progressively great­ In contrast to this evidence support­ War er control of the direction and execu­ ing congressional preeminence in war­ tion of foreign wars. Vietnam did, making authority, the executive branch however, stand as powerful testimony has only been given express authority by Pierre S. duPont to the erosion of congressional authori­ to be the commander in chief of the ty and the resultant constitutional im­ armed forces. This is hardly a persua­ Between March 7 and November 7, balance. sive grant of broad authority, in con­ 1973, the Congress fundamentally re­ The bill, was not, then, as some trast to the specific grants conferred cast the role of the legislative branch critics charged, simply a reaction to upon Congress. A strict reading of of government in the execution of the Vietnam War. It was an effort tha:t clause would make the President, foreign policy. Whether that change to bring about a fundamental shift as Alexander Hamilton termed it, the would be made was the subject of in the allocation of responsibility in "first general and admiral of the persistent doubts throughout the bill's taking the nation to war. Above all, Confederacy." The President's author­ development. it was an attempt to restore the gov­ i1ty, however, has been considerably ex­ When the Foreign Affairs Subcom­ ernmental balance of war powers panded by the interpretation of Ar­ mittee on National Security Policy and which the Constitution intended and ticle II, Sections 1 and 3, which give Scientific Developments began its ex­ to guarantee that future decisions the President executive power and re­ tensive hearings on war powers legis­ to commit the nation to war will be quire him to take care that the laws lation last March, I was skeptical about the product of a deliberative process, be faithfully executed. This has been Congress' ability to draft an effective subject to all the attendant checks and construed to mean that the President yet flexible war powers bill - one balances. Defining those checks and has the power to enforce the laws of which recognized the need for extra­ balances was the most difficult task, re­ the United States by any means he finds ordinary presidential action in emer­ quiring investigation into the reason­ necessary - 111 re Neagel, 135 U.S. 1 gencies, but which also preserved con­ ing behind the elusive phrases of the - and in practice this has meant that gressional authority to declare war. I Constitution. he has the power to maintain internal never anticipated that Congress would It is frequently contended that the order and repel sudden attacks. muster the votes to override a veto on powers conferred on the Congress by Analysis of this legislative history any war powers bill which significant­ Article I, Section 8 and those con­ suggests that the framers of the Con­ ly reasserted the congressional role. ferred on the President in Article II stitution never intended troops to be The beginnings were inauspicious. Section 2 are logically incompatible: used outside the country without con­ There were vigorous differences of While there is an apparent conflict gressional consent. Since neither a opinion among the members of the over the delegation of war-making standing army nor navy was thought subcommittee about what shape the authority, there is ample evidence to necessary by the framers, any military bill should take, how specific it should show that the drafters of the Constitu­ venture would have required by neces­ be, and how far it should go in lim­ tion intended to give Congress the pri­ sity congressional authorization of the iting the President's power. At one mary responsibility for making war, expedition by raising troops or calling time considerable thought was given consciously avoiding the pattern of up the militia. Even when troops were

10 Ripon Forum available for foreign deployment - tive will regarding the initiation of advantage of unity of office and pur­ during the nation's first 25 years un­ foreign conflicts. At one point Jeffer­ pose as well as the co.tn1rulnd of a vast der the Constitution - the executive son refused t'O penn it the American intelligence network. The executive branch came to Congress for authoriza­ naval commanders to do more than also had the ability to act quickly and tion. disarm and release enemy ships guilty in secret - two attributes not com­ Nevertheless, a rapid expansion of of attacks on the United States until monly associated with Congress. This, presidential use of power abroad took he had received congressional approval however, is not to suggest that Con­ place. The expansion began with the for the First Barbary War. Congress gress should not still be the ultimate theory that the duties of the President took an active role in opposing execu­ repository of war-making powers. On included the power to protect U.S. cit­ tive action - Franklin Pierce in Cuba, the contrary, if the framers of the Con­ izens and property abroad. By the end William Seward in Alaska, and Ulys­ stitution had decided that expediency of the 19th century, the power had ex­ ses Grant in Santo Domingo - and and secrecy were the premium quali­ panded to the point where the execu­ the executive acquiesced. ties in war-making, they would have tiYe power included a great variety of Between 1900 and 1945, close co­ vested the power in the President. In­ interests defined as foreign policy ob­ operation between the executive and stead, they decided that war-making jectives. Congress became the exception rather must necessarily involve popular ap­ Concurrent with this development of than the rule. The trend gained full proval and that the power should lie foreign policy powers, the President momentum under Theodore Roosevelt. with Congress. Congress must not sub­ was recognized to have the inherent He acted unilaterally in South America stitute expediency for the intention of power to conduct the national defense. and in the Orient when he sent several the framers in establishing the prin­ Fear of invasion was foremost in the thousand troops to the Boxer Rebel­ ciples upon which government should minds of those who recognized the lion. Franklin Roosevelt continued the function. importance of such powers. In the If Congress had not been adequate modern context, however, the possibili­ as the body to make war-making de­ ty of global confrontation has given cisions, then the institution had to be rise ,to the notion of linking the na­ changed to meet the needs. Unfortu­ tional interest to extraterritorial securi­ nately, history has shown that Congress ty interests. It is the exercise 'Of pow­ has too easily abandoned its constitu­ er along these lines that has led the tional duties to the executive branch President into collision with the war­ because of the latter's institutional su­ making powers of the Congress. Al­ periority. Congress had to be reformed though it is well-recognized that the to meet the demands of the times and President must still be left with the thus be able to implement the duties power to judge in the first instance delegated to it under the Constitution. whether a given event constitutes an The required reforms were three­ imminent threat to our survival and f'Old. First, Congress had to make sure demands a response which leaves no that the informa,tion necessary to make time to seek congressional acquiescence rational decisions was piOvided by the in that decision, this limited discretion practice of bypassing Congress by executive. In recent years Congress falls far short of the assumption that exchanging 50 destroyers for British had learned that when the necessary the President, because of his defensive bases in the Western Atlantic, by oc­ infonnation was available, it was just powers, may act unilaterally whenever cupying Iceland and Greenland, and as capable of making decisions as the the interest jeopardized is labeled as by ordering the Navy to convoy ships executive. Second, Congress had to be­ a "security interest." The auth'Ority for carrying lend-lease supplies to England. come a regular factor in major pol­ the unilateral acts taken by Presidents In the 1950's and 1960's, Congress icy changes: it had to be consulted in the last 20 years rests on question­ entered a period of almost total ac­ before irrevocable steps were taken, able constituti'Onal grounds, and at the quiescence. The broad blanket of na­ not afterwards, when there was little minimum, represents policy which the tional security interest provided the that could be done to remedy the si­ Congress ought to debate and seek to basis for the bipartisan support which uation. Third, Congress needed an ap­ curtail. lasted through the Cold War. For­ propria:te voting mechanism to control Early American history indicates that mosa, Korea, Lebanon, Cuba, the Do­ presidential action when he acted with­ the result we have reached today was minican Republic, and the initiation 'Of out congressional consent. Congress by no means inevitable. We have en­ the war in Southeast Asia were all had learned during the bombing of dowed the President with increasing presidential decisions. Cambodia ,tha;t once a war is started, amounts of authority, yet this seems Understandably, the shift to presi­ even in the absence of a declara:tion to be based more on expediency than dential hegemony in war-making au­ of war, it could not be stopped with­ necessity. thority did not occur without reason. out a two-thirds vote in both Houses. In the first 125 years of the repub­ The executive branch proved to be in­ The Constitution implies that the Pres­ Lic, ,there was genuine cooperation be­ stitutionally superior to Congress for ident should seek antecedent justifica­ tween the President and Congress, often conducting wars and even for initiating tion from both Houses of the Con­ resulting in deference to the legisla- them. The executive branch had the gress before commencing hostilities.

January, 1974 11 Yet, the practice had become such that in either House of Congress. Even goes to Congress as he was supposed if the President acts first, both Houses more closely related was the use of the to under the Consti,tution, a simple ma­ have to cross the two-thirds b-arrier concurrent resolution in the Gulf of Jority of one House can defeat his ac­ before disengagement from h05'tilities Tonkin Resolution. That resolution tions. Yet if the President acts unilat­ can begin. Such an anomalous result is provided the President with the pro­ erally, without prior consent from Con­ nowhere supported by the Constitution. visional authority to take whatever steps gress, iin a manner not expressly rec­ These three essential reforms - he deemed necessary to protect the ogniizcdin the Constitution, then two­ timely infonnation supplied to the United States armed forces, but subject thirds of each House must vote to ter­ Congress, the regular involvement of to revocation by the passage of a con­ minate his actions. This is an un­ Congress in major policy decisions, current resolution. The constitutionali­ reawnable obstacle to ,the congress,ional and a mechanism to control presidential ty of this provision never seemed to assertion of constitutionally mandated action - were hammered out in com­ have been questioned by the executive. power. It can only encourage the Pres­ mittee over a 12-week period. I think the theoretical basis for this ident to act first, because it takes far Unquestionably, the reporting and procedure is well-founded in the Con­ more opposition in Congress to defeat the consultation provisions are impor­ stitution. The Constitution grants to his actions. tant elements of the new law. They Congress war-making powers, and un­ Of all the issues involved in the provide the information that Congress der recognized constitutional precedent, ,lebate on war powers, Section 5 (the needs to become once again a respon­ the Congress may delegrute the au:thori­ 60-day automatic termination clause) sible partner in the use of armed forces ty with which it has been vested. Con­ proved the most vexing, consuming a abroad. gress may also retract that which it great deal of the debate in full com­ Section 5 of the law, however, is delegates; this is the legal justification mibtee, on the floor during the con­ the fulcrum which gives CDngress the for the disapproval of reorganization sideration for final passage, and during leverage required to assert war-making plans by simple resolution. The war the veto-override attempt. Many con­ authority, granted in Article 1, Section powers bill uses such a provisional servatives argued that 'the time limit 8 of the Constitution. The act not on­ grant of authority by giving the Presi­ on the President's authodty was too ly places a limit on the President's dent the power to commit troops restrictive, whereas many liberals view­ unilateral actions, a protection we did abroad without prior consent of Con­ ed Section 5 as giving the President not have before the passage of this gress. He does so, however, under the an unconstitutional, or at least a polit­ law, but also provides for termination condition that Congress may retract ically unacceptable, scoop of authority. of the President's actions through a that auth06ty by majority vote of both Although there cannot be a final resolu­ concurrent resolution which requires Houses. This does not run counter to tion of these issues without a defini­ majority vote of both Houses 'Of Con­ Article 1, Section 7 (the power to tive ruling by the courts, it is per­ gress and which does not go to the declare war), because Congress has suasive that over two-thirds of the President for -signatcrre. This is the simply delegated authority in advance; members of both Houses of Con­ heart of the law, since it codifies the since it is the source of that power, gress accepted the provisions as con­ policy reflected in the Constimtion. the moment the power is terminated stitutional. Since under the Constitution the Pres­ by concurrence of both Houses, the The bill is obviously a departure ident would have to seek the approval President's provisional authority has from the vague contours of the Con­ of the majority of both Houses of Con­ been terminated. ,,.titution's delegation of war-making gress prior to going ro war, it seems The concurrent resolution mecha­ powers, but its thrust is a return to only appropriate that when the Presi­ nism is also supported by logical analy­ the original design of the Constitution. dent exercises extraordinary powers not sis of the legislative process. For ex­ The deliberative process contemplated specifically recognized in the Consti­ ample, if the President: were faced by the framers had become badly dis­ tution, Congress should also be able with a situation where no emergency totted in practice. Depending on one's to cut off that authority by a simple existed and came to Congress- -for·· au­ historical preference, either the execu­ majority vote. thorization, Congress would proceed to tive "seized" the power, or the Con­ Normally, a binding legislative act consider either a declaration of war or gress "relinquished" it. In any case, passed by Congress must be signed by authorization for the use of armed by 1970 it was clear Congress had lost the President after passage by both forces abroad. Under the normal proc­ sufficient power so that the authority to Houses or must be enacted into law ess the majority of one House could declare war under Article 1, Section 8 by two-thirds of both Houses over a block the authorization, and the Pres­ had become a hollow phrase. The war Presidem's veto. Although the concur­ ident would lack the authority under powers bill is therefore an attempt to rent resolution does not go 1\:0 the Pres­ the Constitution to proceed unless reassert congressional power and to in­ ident for signature, it has been used some extraordinary national security stitutionalize the checks and balances frequently in the last 50 years to issue were at stake. Yet if the Presi­ inherent in the Constrtution, but in bind the executive branch. For exam­ dent decided to act unilaterally, without a modern framework, giving the Pres­ ple, Congress delegated to the Presi­ prior authorization, Congress would ident limited powers to act in emer­ dent the authoJ.1ity to implemem re­ have to vote by a two-thirds majority gency and retaining for the peo­ organization plans of the government, of both Houses in order to remove ple's elected representllitives the ulti­ which could subsequently be rescinded the committed troops. The result is mate, awesome decision to commit our by the passage of a simple resolution logically ·inconsistent: If the President forces to a foreign war. •

12 Ripon Forum Here's one way to sort out the sense from the sound and sizzle of contemporary events. The New Republic. While we don't claim to have all the answers, our staff does ask many of the right questions, helps you to find out whether

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]amtary, 1974 13 1974 RIPON SOCIETY PUBLIC POLICY PRIZE first Prize ...... $500.00 Second Prize ...... $200.00

The Ripon Society, a Republican research and policy organization, has prepared over the last several years a series of proposals on public policy for the Republican Par­ ty. The ideas set forth in political research papers by Ripon include: * The Negative Income Tax * A De-escalating Strategy in Vietnam * Revenue .sharing * Renewed Relations with China * A Volunteer Military * No Fault Auto Insurance * Uniform Building Codes * A New National Security Information Policy * School Desegregation without Massive Busing The Third Annual Ripon Society Public Policy Prize is seeking progressive public policy proposals that represent "an idea whose time is yet to come." Such ideas may have been frequently discussed in the academic community, but need to be developed for use by political leaders. They should further the Ripon Society's objective of bridging the gap between the world of ideas and the world of government. Cash prizes will be awarded for the best essays, proposing new directions in pub­ lic policy, published in 1974 in the Ripon FORUM. All papers will be judged on the basis of the originality of the proposal, its practi­ cality, and its relevance to the problems facing the United States in the 1970's. The papers may be addressed to any area of public policy, foreign or domestic. The winning entries will be chosen by the following panel of judges: DR. ItOBERT D. BEHN DR. HOWARD GILLETTE, JR. DR. ROBERT H. DONALDSON Professor of Public Policy Professor of American Studies Professor of Political Science Duke University George Washington University Vanderbilt University DR. LEE W. HUEBNER DR. JOHN REHFUSS Deputy Sp2cial Assistant to President Nixon Director, Center for Governmental Studies Northern Illinois University A first prize of $200 and a second prize of $100 will be awarded in December 1974 to the authors of the two best policy proposals published during the year. Mem­ bers of the National Governing Board of the Ripon Society are not eligible for prizes. All entries must comply with the following rules: 1. Papers may not exceed 5,000 words in length. 2. Papers must be typewritten, double-spaced, and submitted in duplicate. 3. Papers must focus on a specific, practical public policy proposal. They should not merely analyze a social problem. 4. Papers must be well-documented, with sources included for facts and figures which are not common knowledge. 5. The author must be fully identified, with academic status (if any) and address given. 6. Papers must not have been previously published. 7. Entries must be postmarked not later than September 30, 1974.

Entries should be addressed to: RICHARD J. BEHN, Editor The Ripon Forum Post Office Box 226 Charlestown, Massachusetts 02129

14 Ripon F orl.tm candidates thus far are Democrats. Republicans are also having a hard POLITICS: REPORTS' time locating opposition for Sen. Ernest F. Hollings (D). Gen. William of running someone. Nevertheless, par­ Westmoreland, the former Army chief ty leaders agree that the state seems SOUTH CAROLINA to have tired of a hundred years of of staff, has disclaimed any interest; the Democratic domination. only other Republican possibilities so Fred Dent is the leader of unofficial far are ex-POW Col. Quincy Collins COLUMBIA - South Carolina Re­ GOP polls, but Republicans may have and William D. Barmore, director of publicans' mouths are watering aJt the to choose among a list of less rec­ the Agricultural Stabilization and Con­ servation Service in Columbia. prospect of winning the governorship ognizable names: Republican Chair­ in ,1974. So far, however, such dreams man Kenneth Powell, Sen. James Ed­ The Democratic Party is not run­ have the tantalizing quality of a food­ wards, former Republican executive ning weak on candidates, and one less meal; the GOP has yet to recruit director Drake Edens, and Richland man could win the governorship hands a big-name candidate. County Council Chairman Warren down. Former Gov. Robert McNair With the prospect of a divisive Geise. (Geise is a former University still has strong support in the state Democratic primary between U.S. Rep. of South Carolina football coach.) De­ and has the Democrats' best chance William Jennings Bryan Dorn and Lt. spite the reluctance of big-name talent for victory if he chooses to run. But Gov. Earle Morris, Republicans agree to enter the race, the GOP does seem McNair has made no definite commit­ that they have an excellent chance to headed toward a gubernatorial prima­ ments, leaving the field open to other elect a Republican governor next year. ry. possible candidates. • They just can't seem to find a top­ Dorn's decision to leave the congres­ flight candidate who is interested. sional seat he's held for 25 years may James Henderson, a former candi­ divert some gubernatorial potential to date for lieutenant governor, and jour­ run for his 3rd CD. seat. State OREGON nalist William D. Workman have both Rep. Marshall Cain (R) and Marshall disclaimed interest. Commerce Secre­ Parker, the GOP's 1966 Senate can­ PORTLAND - The 1974 guber­ tary Frederick Dent and former White didate, may make the race. The Dem­ natorial race shapes up as a four-way House aide Harry Dent are also offi­ ocrats have a lengthier list of possibili­ Democratic contest and a non-contest cially uninterested. ties. for Republican Secretary of State Clay The problem was the subject of a A second Democrail:ic seail: is being Myers. secret high-level strategy session during vacated by U.S. Rep. Thomas Gettys, The most formidable Democrat - the November meeting of the Repub­ who is retiring. Despite rumors that if he chooses to run - would be for­ lican National Committee. Sen. Strom former Yankee baseball star Bobby mer State Treasurer Robert Straub. The Thurmond (R) said later it would be Richardson might be interested in the land developer-farmer twice ran losing "useless" to run a candidate for the sake GOP nomination, the only announced races against Gov. Tom McCall (R), but he has the largest name recogni­ tion of any Democratic candidate. Straub's successor, State Treasurer James A. Redden, announced his can­ didacy in late November. Although he co-chaired the McGovern campaign last year along wi,th another gubernatorial candidate, State Sen. Betty Roberts, Redden is probably the most conserva­ tive Democrat in the race. Sen. Roberts 'i~, the only candidate to have sparked any enthusiasm thus far; the former teacher-lawyer has support from educa­ tion and women's rights interests. The foutth possible aspirant is, like Red­ den, a former minority leader of the state House of Representatives; Mult­ nomah County District Attorney Had Haas will be strengthened by his sup­ port from organized labor. Secretary of State Myer could face possible opposition from Republican SttlJte Senate Minority Leader Victor Atiyeh, but it is not considered like­ ly .• january, 1974 15 the Senate race after the state GOP was rebuffed by U.S. Rep. John Anderson, NATO Ambassador Donald POLITICS: PEOPLE Rumsfeld and Attorney General William J. Scott, all of whom declined to make a futile race against the pop­ ular Democratic incumbent. Ironically, while in the • Missouri Attorney General John Danforth (R) state legislature, Burditt and Stevenson were sponsors is leaning away from a Senate race next year with Sen. of an unsuccessful legislative ethics bill. Burditt, who is Thomas Eagleton (D). PoIls taken by Eagleton and considered the principal architect of the state's 1970 Danforth show the incumbent running 2-1 ahead of environmental protection bill, retired from the state leg­ Danforth and Lieutenant Gov. William Phelps (R). If islature in 1972. He was appointed chairman of the both Danforth and Phelps decide against battling the' state Liquor Control Commission by Democratic Gov. odds, Mrs. Rosemary Ginn, the state's able Republican Daniel Walker, but declined the nomination before he national committeewoman, may decide to contest Eagle­ was confirmed by the legislature because Burditt's law ton. Mrs. Ginn contends that Eagleton can be defeated firm represented the food division of a beer manufac­ and that Danforth would be the strongest candidate turer. Burditt is making the race -- as he forcefuIly ex­ the Republicans could field. Mrs. Ginn contends that a plained at a December 3 meeting of Percy-for-President Republican victory in a recent, special legislative elec­ backers - because he feels Republicans should contest tion in a marginal, Kansas City-area district, shows Democrats with the best possible candidates at all gov­ that Watergate has not eclipsed GOP hopes in the state. ernmental levels. • New York Assemblyman Edward Meyer, a one­ • Former progressi\'e New Mexico Go\'. David time rising star in the Republican Party, has decided to Cargo (R), who has been considering another run for join a feIlow Westchester resident, U.S. Rep. Ogden the governorship, is being urged by prominent Repub­ Reid, in the Democratic Party. Reid, meanwhile, is ofT licans in the state to consider instead a run for attorney and running for the Democratic gubernatorial nomina­ general, a post the GOP has not held in decades. The tion, but at best is probably a "place" entry behind frontrunning Republican gubernatorial candidate is for­ Howard "Howie-the-Horse" Samuels, the Off-Track mer legislator Joe Skeen. Former State Sen. Jack East­ Betting Corporation president whom smart money has ham, Skeen's major challenger for the nomination, has tagged as the likely Democratic winner. Upstate U.S. not yet made any announcement of his campaign in­ Rep. Samuel Stratton (D), is still making up his mind tentions. Former POW Col. James L. Hughes appears whether to make the race. John Lindsay, the former to be running for the GOP nomination mainly on the leader of Gotham City. is apparently taking a political sympathy vote, while the Democrats remain split among rest this year. a plethora of organizational factions. New Mexico Re­ • North Dakota Republicans were shocked by the publicans have only held four statewide offices in the results of special legislative elections December 5. All past 40 years. fin- \'acancies were filled by Democrats; the seats had • Like outgoing New Jersey Gov. William Cahill, been controlled 4-1 by Republicans and as one observer Gov. Linwood Holton of Virginia wiII return to the pri­ commented, "The' Democrats would have been happy vate practice of law. Holton is considered a likely can­ with three." In the absence of substantive issues, the didate against Sen. Harry F. Byrd, Jr., a political in­ Watergate demon was seen hiding in the wheat fields. dependent, but Byrd's seat won't be open for contest • Court-ordered redistricting of both legislativ(' until 1976. Holton has apparently decided against taking and congressional seats in California will open delega­ a job in the Nixon Administration. tions to both bodies for partisan change. Under the new • U.S. Rep. William Mailliard, who last year won congressional lines, Republicans hope they can main­ a close race against former Supervisor Roger Boas, wiII tain their 23-20 minority status in the congressional del­ be challenged next year by Assemblyman John Burton egation, perhaps gain 21-19 control of the State Senate, (D), brother of U.S. Rep. Phillip Burton (D). MaiIIiard and narrow the Democratic margin in the Assembly has been rumored to be a possible candidate for an ap­ from 49-31 to 44-36. The court's disregard for incum­ pointment in the Nixon Administration, perhaps to suc­ bency, however, also opens up the possibility for Demo­ ceed John Scali as ambassador to the United Nations. cratic gains. To cDmpensate for the new district lines, the State Supreme Court has wah'ed the one-year dis­ .. The strength of the 1973 Republican "tidal wave" trict residency requirement. Political Editor Richard was further illustrated by a special election to choose Bergholz of the Los Angeles Times quoted one Califor­ a successor to Virginia State Sen. John N. Dalton, who nia politician as caIling the waiver "the greatest boon was elected lieutenant governor in November. Democrat to the moving \'an industry since the invention of the Madison Marye wnn Dalton's Senate seat, considered wheel." U.S. Rep. Del Clawson (R), for example, wiII the most Republican in the state, by more than 1,600 move into the new 33rd District for next year's racc. votes. Marye's most potent issue was the refusal of his U.S. Rep. Victor Veysey (R) may seek to move his seat Republican opponent, State Del. Jerry H. Geisler, to from the present 38th C.D. to the new 35th C.D. Demo­ resign from the House of Delegates in order to spare the crats hope to unseat U.S. Reps. William S. Mailliard, voters another special election in the event that he won. Bob Mathias, and Burt Talcott; they're also hoping that • Vice President Gerald Ford (R) has moved to GOP conservatives will unseat Paul McCloskey in a pri­ the head of the Republican presidential preference vote, mary. McCloskey's argument that ·cmrent relationships according to poUster Louis Harris. Among Republicans between incumbents and constituents should be consid­ and independents, Ford was the top presidential choice ered in redistricting was rejected by the courts. of 21 percent of the respondents, compared to 16 • Illinois Republicans have found the best avail­ percent for Gov. Ronald Reagan, 11 percent for Sen. able sacrificial Iamb to oppose Sen. Adlai Stevenson Charles Percy, 10 percent for Sen. Howard Baker, 9 III in 1974: former State Rep. George Burditt. The percent for John Connally, and 6 percent for then-Gov. Chicago-based food and drug lawyer agreed to make Nelson Rockefeller.

16 Ripon F omm :\

RIPON AT ISSUE: FORUM The O'ld Right vs. The New Right

The conservatives in the Republican Party are sometimes stereotyped by progres­ sives as a monolithic and probably neanderthal coalition, whose members religiously read Human El'ents and National Review. Not so, according to the authors of the Ripon Society's forthcoming book on the 1972 elections. The conservative movement is deeply split between the Old Right, which is deeply committed to personal freedom and free enterprise, and the New Right, which is just as deeply committed to national security and corporatist protection. The fundamental cleavage between these two groups may widen in the future, according to Contributing Editor Gifford W. Brown, opening up the feasibility of a coalition of mod­ erates and the Old Right. In the preparation of this essay, which is excerpted from the Ripon book to be published by Litt.Ie Brown, and Co. in early spring, Dr. Brown was as­ sisted by John Elwood, professor of political science at the State University College of New York at Fredonia and John Brotschol, president of Ripon's New Jersey Chapter and l formerly an active member of the Young Americans for Freedom.

by Clifford Brown andJohn Elwood

To some, the c'Onservatives wh'O emerged in the 1960's The economic doctrines 'Of the Old Right start with appear t'O be a mana lithic farce, while t'O others

]anttary, 1974 17 doctrines preceded the economic. Constitutionalism, the ship between government and business over the years has supremacy of law, strict construction (in the old sense), a moved from benign indifference to regulatory hostility to government of lim~ted powers, a Bill of Rights, individual close accommodation. The result is increasingly business­ freedom of choice, indlividual responsibility under the law, by-franchise in vast sectors of the economy. Political bar­ political equality, and above all, nonpaternalism are the gaining and manipulation, not market considerations, are basic propositions of political orthodoxy. A sense of equal­ increasingly dictating the nature, the policies, and the sur­ ity makes it very difficult for members of the Old Right vival of modern corporations and conglomerates. The busi­ to be racists, although their governmental and proprietary nessman who formerly wished to keep the government at philosophies make it equally difficult for them to accept arm's length now finds himself in a passionate embrace. governmental action on behalf of minorities. This new morality is depriving the businessman of his in­ The Old Rlight looks rut America as ,the promise (fast dependence, his freedom, and above all his abiHty to in­ disappearing, perhaps) of a set of universal principles nova:te. In return, however, he is acquiring security, pro­ of democracy and republicanism whose validity sanctions tection against the implications of his own mistakes - America's role in the world. Patriotism is the product not the very opposite arrangement to nonmonopoly capitalism, of nationaliSltic but of universal impulses. The military is which, despite all its abuses, at least provided rewards for as separate from the political as the religious is, and the innovation and efficiency. standing army or church mili:tant is regarded as a basic threat to the political and intellectual freedom of the so­ ciety. Communism has always been perceived as a major "Above all, the Old Right is commited to free­ threat to the nation, but crusading international ventures dom as the unifying principle of its philosophy usually have been greeted with suspicion. "Live and let - personal, political, intellectual, and eco­ li,'e" is a fundamental principle of the Old Rightists, and nomic freedom." to them the isol3Jtionism of the American Heartland has often made a lot of sense. The New Righi!: is beginning to formulate a new Above all, the Old Right is commi,tted to freedom kind of socialism, a socialism for the middle and upper as the unifying principle of its philosophy - personal, classes based not on the assertions of rights but on the political, intellectual, and economic freedom. These be­ exercise of privilege. This doctrine of governmental re­ liefs form a coherent and consiSltent approach to politics. diSltribution is creating a vast network of subsidized organ­ Formerly they were called "liberal" views, but because izations, both public and private, whose lifeblood comes they are an authen1;!ic inheritance from our past, those who not from the marketplace but from the federal treasury, adhere to them may reasonably call themselves conserva­ which in turn mUSt!: tax the more independent sectors to tives because they wish to conserve and preserve our tra­ sustain this ever-increasing flow of money. As with so ditional values. many things governmental, ·these subsidized, franchised, The New Right, however, is something very different and protected corporations and institutions are becoming although it also has an authentic claim to the conservative less and less efficient and are serving as a drag upon the label. Its unifying principle is not freedom but security - entire productivity of the country. personal, proprietary, economic, political, and national se­ curi:ty. ALthough many of its doctrines have been passionate­ This new socialism - corporate socialism or corpor­ ly embraced by Nixon's New Majoritarians, they are large­ atism - is slowly becoming a very powerful doctrine in ly inherited from both wings of the Democratic Party - this society, which is why the New Right is such an im­ which is why they can be used to some extent to entice portant and growing force. (Ideologies go beyond the stage the southerner and ,the northern working-class Catholic of short-run fads only when there are powerful interests away from their traditional political habitat. In many ways to sustain them.) John Connally is the symbol both of this doctrine and of But the subsidized corporation is not the only eco­ its questionable parentage. nomic interest that is a potential beneficiary of the New The economic doctrines of the New Right are very Right philosophy. Labor is also a force in search of se­ important. First of all, its communicants do not believe curity. The protected job, the return to tariffs and quotas, in laissez-faire capitalism. To them the free market, the the governmental subsidy of inefficient corporations and balanced budget, and the unmanaged economy are rapid­ threatened industries, the governmental guarantee against ly becoming "obsolete" doctrines. The entrepreneurial firm business failure, the management of the economy with with risks, competition, and reliance on efficiency is now its never-ending phases, the substitution of governmental being replaced with the modern equivalent of a guild: regulation for collective bargaining procedures - in short, the corporation whose success depends not upon economic the replacement of a capitalistic economy by a corporatistic proficiency but on political privilege, the firm whose sur­ economy, if well handled, also benefits labor and tends to vivalis dictated not by the harsh laws of ,the market but mi1tigate the differences between it and business. Big Labor by the soft coziness of political accommodation. and Big Business are becoming increasingly cozy in modern Subtle shifts in the nature of American capitalism America. Big Government might well join in. Protection are having profound impacts on the nature of political and paternalism go very well together, and the New Right's doctrine. The government has become the most important concern for the security of jobs, the secu6ty of profits, single factor in many firms' calculations, and the relation- and security of status stands in stark contra:st to the Old

18 Ripon Forum -- -.--~------~

Right's concern for economic freedom and personal mobil­ started in the South - in the Democratic Party - and ity. spread to the Republican Party. The paternalism, feudalism, Since this socialism-corporation-paternalism is dia­ and even socialism present in this philosophy have a dis­ metrically opposed to the economic doctrines of the Old tinct southern flavor to them although their appeal now Right, it is not 'Surprising that there are many oilier differ­ goes much further. Texas is the home of this philosophy. ences between these two groups who call themselves con­ Democrat Lyndon Johnson and Democrat-turned-Republi­ servatives. can John Connally have been its foremost proponents. This First, the New Right rejects the insistence of the Old is the region that has become intensely dependent upon Right that the military be kept as separate as possible from federal economic subsidies for its oil, construction, and de­ politics and the political process. The famous military­ fense industries. Its textile industry - which is efficient - industrial complex is a symbol of New Right power, and is still dependent on tariffs and quotas. It is a very differ­ the repeated justification of "Big Government" in terms ent economic climate than the Midwest, for example, where of national security is one of ~ts principal arguments. industry is largely unsubsidized and the doctrines of the The subsidized nature of the major weapons systems in­ Old Right still prevail among business leaders. dustry fits very well into th~ pattern of inefficient coziness, But the appeals of :the New Right extend far beyond and the Lockheed loan is a great symbol of the new feudal the South. Its dootrines provide the logical philosophy to order. Many legislators voted for and against this loan for unify the New Majority coalition of southerner, northern many reasons, but conservatives split down the middle. The working-class Catholic, and Republican businessman, there­ Old Right voted against the loan, the New Right, for it. by bringing into the "Republican" Party the two largest Those who voted for it justified their votes in the ter­ elements of Franklin Roosevelt's Democratic coalition. We minology of New Right philosophy - guaranteed em­ have seen how the doctrine of economic security might ployment, national security, corporate subsidies, and, in ef­ unify business and labor; it is also easy to demonstrate fect, the franchise system. Those who voted against it did how the doctrine of status security can unify the southern so in the name of Old Right economic orthodoxy. Anglo-Saxon conservative Protestant and the northern eth­ Second, these cozy relationships between business and nic conservative Catholic. government have led to a much less sensitive notion of Both these groups feel threatened and both are in­ what constitutes a conflict of interest. Since intense lob­ secure. They feel threatened most of all by blacks, but also bying and reciprocal pressures and accommodations by by hippies, by youth, by intellectuals and liberals, by al­ government and business are considered normal by the most any force that might change their social status. Drugs, practitioners of this philosophy, the traditional ethical prac­ the new morality, abortions, the fragmentation of the fam­ tices of the Old Rightl: no longer seem applicable. If gov­ ily, the decline of religion, and the weakening of the in­ ernment and business exist for the security of each other, stitutional church are undercutting the social and philo- then what is wrong with mutual back-scratching? The Watergate scandal and its attendant funding disclosures may have horrified the Old Right, but the New Right, in­ terested in security and mutuality, seemed more disturbed by the reaction to Watergate and the counterproductivity of the caper than by the caper itself. Third, the paternalism of the New Right, like the paternalism of the Old Left, believes in a greater govern­ mental role in social questions. The New Right consistent­ ly embraces the efforts of federal agencies to limit the ap­ plication of the Bill of Right'S to individuals in the name of a new "social security," ,that is, security for the society. Furthermore, the corporation and the feudalism of the New Right, these great justifications .(1(. status and the security

"The New Right, however, is something very different although it has an authentic claim to the conservative label. Its unifying prin­ ciple is not freedom but security - personal, propriety, economic, political, and national security." of status, make it much easier for their adherents to ac­ quesce in racist policies that the egalitarians of the Old Right could never tolerate. Fourth, there is a regional distinction of importance between the Old and the New Right. The New Right

January, 1974 19 sophical points of reference of both groups. It is little wonder that each embraces the doctrines of Americanism to regain the security that liberal pluralism seems to be destroying. Instead of meeting these legitimate problems head on, instead of competing, as it were, both these groups are seeking a refuge in the secure protection of a con­ servative doctrine that seems to justify their status in the corporate image of society. The theological trad~tions of Thomism and the autocratic social traditions of the South both lend strong support to this image of reality, to thrs newly defined Americanism that departs from so many American traditions. Finally, the international politics of the New Right provides a number of departures from the traditions of the Old Right. The New Right is quite willing to engage in foreign adventures. Oil is one of its principal concerns, although not all oil is controlled by it. In such adventurous industries political and economic influence go hand-in­ glove. John Connally's trips to the Middle East, ITT's es­ cap.'ldes, and Robert Vesco's enterprises are only some pub­ independence from Great Britain, not a symbol of our licized examples of the international dealings of the New individual independence from tyrannical government. To Right and the coziness of governmental-corporate relation­ them our international history has been a catalogue of epi­ ships. The rapid rise of foreign investment by many in­ sodes that increased our power, not a series of encounters dustries has lent support to its principles. The New Right that preserved our principles. To them our mission is our­ is internationalist, the Old Right very hesitant in interna­ selves. tional affairs. The OLd Right disagrees in principle with these New Furthermore, unlike the Old Right, whose patriotism Right philosophies, but the symbolic power of the word was tied to a defense of our individual rights and free­ "patriotism" is as strong as the symbolic power of the word doms, the New Right focuses on our collective privilege, "conservatism." National security superficially unites the that is, our privilege as a nation and as a culture. It is not Old and the New Rights. Such unity will be short-lived our freedom as Americans but our power as America that because it will soon be clear to the Old Right that the New is important. The New Right is asserting a nationalistic, Right is undercutting, not augmenting, our security. not a universal, principle, and Ithis is a total repudiation The Old Right has always argued that the welfarism of two hundred years of our history. Ever since the Amer. and social security of the New Deal were dangerous to ican Revolution our foreign policy has been largely tied America because they sapped the strength of the Republic to the assertion and defense of a set of consistent and created a sODter society. To some extent this has been universal principles such as freedom of the seas, making true. Welfarism and the decline of the work ethic have the world safe for democracy, and preventing aggression. taken a toll, but it can be argued that in human terms the E,'en our isolationism traditionally was justified in terms benefits have been worth the cost since abject poverty and of preserving our universal principles from the corruptions total human misery have been alleviated to some extent. of foreign influences. But the New Right disagrees. To The relief of the lower classes of society may have created them the American Revolution is a symbol of our national some "soDtness," but that damage is minuscule compared to what would happen if the most productive and creative parts of 'the society were allowed to "go soft." The Old Right may well argue that if the top two-thirds of America is allowed 1;0 participate in an increasingly welfarist ethos, the damage to the society will be fantastic. The paternalism of the New Right will soften the leadership, the potential innovators, the managers, and other key figures in the so­ ciety. The Old Right will soon perceive that nothing will hurt this country more ,than embracing the doctrines of the New Right. The true power of a country lies in the strength of its society, not in the number of weapons it has at any given moment. The Old Right may well argue that if the policies of the New Right are adopted, we shall be in even more serious trouble than we are now. The new corporatism provides the greatest social and economic re­ wards to status and size, not to efficiency and creativity. It is based on philosophies that will seriously disillusion our brightest citizens and transfer power to the blindly

20 Ripon Forum loyal, \'/ho are not necessarily our shrewdest people. The are clear. The New Right may well have the interests on insistence on security rather than freedom will ironically its side while the Old Right is left with simply its doc­ reduce security as our industrial plant becomes less and trinal appeals. ':rhese appeals wiII still be strong since they less competitive, as our unions cease putting the kind of embrace the great traditions of ~he Republic, but they wiII pressure on management that leads to increased efficiencies, be weakened by the loss of one of tlleir principal benefac­ as our inventors and innovators are bought off by those tors. The New Right wiII be more and more "where it's with g{)vernmcrut-backed interests in the status quo, as we at" in the conservative movement and the Old Right will safely drift off to sleep behind the protectionist tariffs that become increasingly aware of its limits. prevent foreign competition from making our industry The relationship between business and government more competitive. will have a dramatic impact on .the future of the Repub­ This is not to say that the practitioners of the New lican Party as a party. Old Right/New Right as a contest be­ Right lack personal drive. It is to say that the net effect tween Charles Percy and John Connally, for example, would of their efforts is to lower the efficiency of the situation. be a dramatic symbolic confrontation between champions The focus of their energies is not on maintaining a of the entrepreneurial and of the corporatist economic phil­ competitive situation and an autonomously going concern. osophies. Rather, it is on making things easy for themselves, and The point is that business and economic interests can this is what disturbs the Old Right. find in ~he philosophies of the Old and New Rights a ve­ The Old Right may also perceive that we will lose hicle for exercising influence within the party tha.t the our sense of purpose and vision both at home and abroad. old organizational structures do not provide. Instead of try­ The goal of security is not the source of inspiration that ing to influence the politician or the new manager or the the goals of freedom and change are. Those who choose organization in the ,traditional sense, some businesses can the soft route, the lazy alternative, and the secure situa­ lavish their resources within the context of an ideological tion not only are forgotten, but never really contribute to movement and can realize a much larger payoff. But busi­ the strength, the growth, or indeed the genuine security ness as a whole will not be united in this enterprise; it of a nation. America has always been the one country that will be deeply divided. was never afraid of the future - and the Old Right will It is clear that the assertion that conservatives and argue that it wiII be a sad day when we become so. Republicans are one and ,the same is false. The conservatism How much longer can ,the meaningless word "con­ of the New Right, with its brands of socialism and pater­ servative" gloss over these fundamental distinctions be­ nalism, is a direct inheritance from both wings of the Dem­ tween 'the image of a free society and of a "secure" so­ ocratic Party - and is an amalgam of that party's philo­ ciety? How long wiII it be before the Old Right recog­ sophies. This is one of the great ironies of our modern pol­ nizes that protection, privilege, and paternalism are not itics. • consistent with its true doctrines? The Old Right may at times lack compassion, but it does not lack energy, innova­ tion, and the enterprise born of freedom and competition. It can never ally itself for long with those philosophies that will guarantee that we become that famous second­ rate power before many more decades elapse. YOU TOO

"The New Right will be more and more 'where CAN BE it's at' in the conservative movement and the Old Right will become increasingly aware of its limits." A

But the New Right has its strengths. Powerful in­ terests are moving to support it as the nature of the Amer­ NATIONAL .A.SSOCIATE MEMBER ican economy changes from a largely capitalistic order to a corporatist one. The Old Right was largely relevant for OF THE a laissez-faire capitalistic society and a society of individ­ uals exercising individual responsibility. Its doctrines of personal freedom and property rights were supported by RIPON SOCIETY. powerful economic interests that coincided well with indi­ vidual interests in freedom and limited government. But the independent economic interest is fast disappearing and, Write Josephine Cuevas, Ripon Society like so many reform movements in the Republican past, 509 C Street, N.E., Washington, D.C. 20002 the Old Right must rely now more and more upon intel­ lectuaIs and noneconomic concerns for its support. This is not yet totally the case, since there are still many business­ men who believe in a laissez-faire capitalistic economy and who confuse the two Rights. But the trends in capitalism

January, 1974 21 be permitted, such as "Secret Defense Data." (Multiple classifications invite overclassilfioation.) DULY NOTED: BOOKS 3) Protective measures should be limited to "official information, the unauthorized disclosure of which would damage the national defense." • Victims of Justice, by Margaret English and Dorothe 4) Disclosure of defense data should be made as re­ Matzner. (Atheneum, 1973, 371 pages, $10.00) :rn March, quired for promoting the national defense, with no re­ 1966 Judi Kavanaugh was murdered near Clifton, N.J. striction on disclosure to the Congress. (The discredited The'aftermath of her murder, as described by Margaret "clearance" system should be rejected.) English and Dorothe Matzner, is extraordinary. As fiction, Although practically any congressional action to pre· this story would be dismissed out of hand as totally ~­ empt the secrecy system currently in Executive Order believable. As fact, it is simply frightenin~. Ms. Engl!sh, 11652 should merit support, the type of legislation I a former assistant editor at Look Magazme, has pams­ originally proposed in May 1972 would seem most ap­ takingly detailed every aspect of the investigation of propriate. A copy is included on page 293 in Volume the Kavanaugh murder, its connection with the murder I (1973) of the report of hearings conducted jointly by of Gabriel DeFranco, a small time hoodlum, and the two trials that followed. Dorothe Matzner, a co-defendant in the Ervin, Muskie, and Kennedy Senate subcommittees on the second trial and wife of a co-defendant in both trials, Executive Privilege, Secrecy in Government, and Freedom has added her personal diary of that four-year period. of Information. Sen. Mike Gravel's bill (S. 1726) and Sen. Ms. English's prose is workmanlike, if unspectacular, William Hathaway's bill (S. 2451) are consonant with while Mrs. Matzner is more emotional, notably in an ex­ my proposal. tremely moving exchange of letters between her and h«;r WILLIAM G. FLORENCE husband while occupying different wings of the PasSaIC Washington, D.C. County Jail. Even the final acquittal of all the defendants cannot ,abrogate the ostensibly outrageous incompetence and dupliCity exhibited by the prosecution and the police What Purpose? in this disturbing chroniCle. It is a chilling reminder of As a member of the Ripon Society, I feel that the our vulnerability at the hands of a system gone awry. Re­ editorial, "Jackson Amendment: Moral Imperialism" (No­ viewed by Daniel Paci. vember 1973 FORUM) should not go unchallenged. You characterized Sen. Henry Jackson (D-Wash.) as • Neither East Nor West, by Henry M. Christmas. a "cold-war warrior." This man has also been a warrior (Sheed & Ward, 1973, 197 pages, $7.95) The basic prin­ for the progressive forces of civil liberties within this ciples of the non-aligned countries are presented through country. excerpts of speeches and addresses by the acknowledged It must be clearly shown that the United States gov· leaders of these nations at three separate conferences. ernment will not lightly forget the plight of oppressed The book also includes the complete declarations result· ing from these conferences, composing the hopes and as­ peoples within any country's borders. It was this blind­ pirations of the Third World nations. The initial meeting, ness in American policy-makers of the '50's that drove the Belgrade Conference of 1961, saw the twenty-five many sincere nationalists into becoming mere pawns for countries joining together. The Cairo Conference of 1964 the foreign policies of Soviet Russia and the People's Re­ had grown to nearly sixty nations, and the 1970 confer­ public of China. I persona1ly feel that the questioning of ence held in Lusaka, Zambia, was attended by sixty-three American foreign policy initiated by Jackson's amend­ nations .and a number of representatives of national lib­ ment will lead American policy-makers to reassess their eration movements. Major resolutions of these ~onf~r­ relationship with other totalitarian societies. ences include immediate disarmament; the tenrunatIon Finally there is one question I wish to pose before of colonialism and neo-colonialism; the right of economic the editors' of the FORUM: If America is not to be the progress of the developing countries; the right to self­ leader in the quest for a lasting moral order in this world, determination for all countries; the use of the United Na­ then what is its purpose? tions as the forum for peaceful settlement of co,nfiicts SCOTT E. GREEN and for worldwide cooperation; and the ah;>olutlOn ?f Chicago, Dlinois worldwide racialism. The conferences emphaslZe the pIt­ falls of creating ·a power bloc of Third World countries while aspiring for beneficial cooperation to end power pol­ Look Who's At The Door itics and the Cold War. Christmas presents a straight­ The true victims of "Watergate-dirty tricks, etc." forward account of the conferences using the exact wo~ of the non-aligned. However, the reader must reach hIS are not the men pictured as using any means to achieve own conclusion unaffected by the personal biases or over­ their personal ends, but the thousands of volunteers who sights by the a~thor. Reviewed by Steven England. gave ,a dollar, an hour, or an ounce of energy because they believed. They believed a Republican administration would govern best - and with the utmost integrity, de­ cency, and honesty. The personalities involved may go on to lucrative law practices, speaking engagements, and book contracts, but the volunteers are left with their dis­ LETTERS illusionment. Perhaps it is time for Republioan leadership to cease worrying about the White House problems and concentrate on revitalizing and inspiring their own work­ ers so necessary to the future of the country as well as National Security the party. It is not necessarily true that Republicans will lose I have reviewed the Ripon Research Proposal publish­ elections because of these horrors. With only a small per­ ed in the November 1973 FORUM, entitled "Secrecy and centage voting, they may well win most of them, and if National Security: A Program for Congressional Action winning is the "only name of the game," then their goal and Presidential Restraint." will be accomplished. But government by 30 percent (or Since retirement from the Department of Defense on less) of the people can become another "horror," and May 31, 1971, I have been writing. and speaking a~out the this may well be laid at the door of our party. damage resulting from the executIve branch security clas­ Thus, now is the time for positive programs, people­ sification system. I would advise that the society's pro­ to-people contacts, inspired leadership, and restoration of gram refiect the following: faith in the political process at the level the voter under­ 1) Restrictions on disclosing official information to stands best - his own doorstep. It is ,a greater challenge American citizens are justifiable only in the interests of than that of winning an election, for it becomes a chal­ national defense. (The term "national security" is far too lenge to restore America. broad for purposes of the First Amendment.) ELLY PETERSON 2) Only one secrecy classification category should Charlotte, Michigan

22 Ripon Forum • The New Jersey Chapter moved one step beyond national Ripon's October recommendation' that "the House 14a ELIOT STREET of Representatives initiate impeachment proceedings and called upon President Nixon to resign. John Brotschol, president of the chapter, said "A press conference before • Ron Speed. president, traveled to Colorado October an acquiescent group of reporters is simply not enough 26 to meet with the organizers of the fledgling Denver to restore public trust in the chief executive." Chapter. Officers of the new group include Paul E. Smith, chairman; Del EllIs, vice chairman; Chuck Binkelman, • Wlllle L Leftwich, vice president of the Washing­ secretary; Peggy McCHntock, treasurer; Dick Oostberg, ton, D.C. chapter, is a member of the board of the Pen­ membership chairman; and Bob Leake, projects chairman. sylvania Avenue Development Corporation, which was set up last year by Congress and given $1 million to develop a plan for the renewal of the north side of the avenue, between 6th and 15th Streets, N.W. in D.C. If the cur­ Ripon Issues Conference rent plan is approved by the board and Congress, the cor­ At one point, there was some doubt as to whether poration will then borrow $50 million from the U.S. there would be enough people at Ripon's Issues and Treasury to implement it. Leftwich's colleagues on the Politics Conference to wallow in Watergate, let alone corporate executive-ciominated board include Joseph Dan­ look beyond the miasma and into the post-Watergate za.ri.Sky, president of Giant Foods, and John T. Connor, era. A scant two weeks before the Conference, the president of Allied Chemical. Wall street Journal observed: "Liberal Republicans encounter trouble with a planned month-end Conference ... The sponsoring Ripon Society finds the sign-ups so THE RIPON SOClm, INC. ~li~ R:£~nre~'i:i: far disappointing." members are young bUSUless. academic and professional men and By November 3D, when the Conference got under women. It has national headquarters iii Washington. D.C.. chap­ ters in lifteen cities. National Associate members throughout way, 366 progressives and moderates from 35 states the fllty states. and several affiliated groups of subchapter status. had signed up for the three-day meeting. The conferees, The Society is supported by chapter dues. Individucil contrlbu­ panelists, and speakers were a heady brew of young tions and revenues from iis publications and contract work. The Society oHers the following options for annual contribution: Con­ and old, activist and academic, party officials and elect­ tributor $25 or more; Sustalner $100 or more; Founder $1000 or ed office holders, amateurs and pros. A common thread more. Inquiries about membership and chapter organization should united them all: enthusiasm and a determination to be addressed to the National Direcior. NAnONAL GOVEllNING BOARD make a positive contribution to the Republican Party. "Ronald K. Speed. President In the words of a former GOP national committee­ "Patricia A. Goldman. Chairperson of the Board woman, "Not one moment of divisiveness, not one res­ "Paul F. Anderson. Vice President. Chief FInancial OIBcar "Robert H. Donaldson. Vice President. Resecuc:h olution ... you all kept the tone positive and forward 'Anne-Marie Borger, Vice President. Public IDformation looking." Not a single wallower in the crowd. "Robert D. Behn. Vice President. FORUM 'Richard E. Beeman. Treasurer On Saturday, December 1, ten issues papers were 'Werner P. Kuhn. Secretary presented on such diverse topics ,as criminal justice Boston • Cambridge Pi ttaburvh reform, rebuilding cities, free market solutions to the Martha Reardon Murray Dickman urban crisis, Congress and foreign policy, and the Martin A. LInsky lames Groninger humanized work environment. Bob Stewart Bruce Guenther Chicago At the heavily attended politics panels on Satur­ 'Jared Kaplan S ....ttle day and Sunday, conferees heard from such respected A. Richard Taft Tom Alberg professionals as former Assistant GOP Chairman Elly Tomas Russell Mason D. Morisse! Peterson, who enunciated the "Peterson Peace Plan" Detroit Washiugton Dennis Gibson *J onathan Brown and sounded the call to "abandon regional and philo­ Stephen Selander Rick Carson sophical differences." She drove bome the message that Mary E. Low Willie leftwich 1974 - not 1976 - is tbe turning point in the Repub­ Hartford At Lczrge lican advance. "Quit the Presidential hassle," Peterson Nicholas Norton .'Josiah Lee Auspitz Stewart H. McConaughy ··Christoper T. Bayley advised, and focus attention on the '74 races. "It is Augustus Southworth Christopher W. Seal time," she said, "to raise money and build morale." Los Angeles Robert L. Beal Linking the state of the moderates to the state of the Mark Pierce Peter Berg Thomas A. Brown "Michael Brewer GOP, respected pollster Fred Currier warned, "The Edward McAniff Clifford Brown moderates have to help the party in 1974. The solutions Memphis John Cairns to our problems have to come from the modeMtes." 'LInda Miller Ralph Caprio Elliot Richardson, unemployed for the moment, Harry Johnson. Jr. ··Bruce Chapman Jerry ICatz Pamela Curtis made an unscheduled appearance at the Saturday lun­ Minneapolfa Robert W. Davidson cheon and received a tumultuous reception. Featured Ann O'Loughlln AI Felzenberg Elayne Hansen Larry FinkelStein speakers at the luncheon and dinner sessions were Sen. Glenn Gersten Charles McC. Mathias (Md.) ,Gov. LInwOOd Bolton Jim Manahan ··Howard F. Gillette. Jr. Nashvllle Bema Gorenstein (Va.), and U.S. Reps. John Anderson (m.) and Bill Leonard Dunavant ··Lee W. Huebner Frenzel (Minn.). Dru Smith Bobbi Greene Kilberg Both Holton and Mathias ripped into the White Bill Gibbons William J. Kilberg New Hcrven Ralph Loomis House's bankrupt "Southern strategy." Said Holton Melvin Ditman Judith R. Lamb at the Friday night dinner, "As the party of Lincoln, Frank L. Huhand "J. Eugene Marana we would be desecrating his very name if we tried to Jeffrey Miller Tanya Melich New Jersey Don Meyer turn the southern branch of our party into an all-white John Brotschol Mark OlSon club. We would also guarantee that we remain a minor­ Barry Dine Thomas E. Petrl ity party in the South." On Saturday night, Mathias Nancy Miller ··John R. Price. Jr. ·'John S. Saloma m branded the strategy as "an unprincipled coalition de­ New York "Daniel r. Swillinger void of a positive program" that has failed to attract Martha Fet'!'Y. Leah Thayer new blood to the party, and instead has "driven many Edward Goldberg ·Chris Topping Lewis B. Stone ··Peter Wallison more Republicans out of the party." Mathias summed PhllCldelphia R. Quincy White up the mood of the conferees when he called for a Robert J. Moss Lyndon A.S. Wilson "renaissance of responsive, responsible government" William Horton ·Richard Zimmer founded on "traditional Republican principles." Ex-OIBcio At Lczrge 'Richard W. Rahn. Manczglng Director Participants went away on Sunday with a renew­ 'Michael F. MacLeod. Nationcd Director ed commitment to Ripon's role as the source of fresh Robert Gulick. Counsel public policy initiatives and a brand new commitment Clair W. Rodgers. Jr .• Counsel 'National Executive COIIIJIlittee Member to activism. In the woros of one county cbairman, "It "Past President. Chcrirman 01 the Board. or ChcrirmCbl 01 the was the most rewarding political three days of my life." Executive COIIIJIlitte.

January, 1974 23 '-- Alabama Highway, Purchasing and Finance Departments. The state employes and officials of the phony company DULY NOTED: POLITICS then split up the money, investigators say." Gerald Wal­ lace was driving a truck registered to the phony company last December when the truck was involved in an accident. Attorney General Bill Baxley, a potential successor to • "Beagan remap vetoes backfires," by Sydney Kos­ Wallace, is conducting the investigation, which has been sen. San Francisco ExamIner and Ohrontcle, December 2, seized by State Sen. Eugene McLain, a gubernatorial as­ 1973. California Gov. Ronald Reagan (R) vetoed a redis­ pirant for 1974, as a possible campaign issue. tricting proposal because he "thought he could get a bet.. ter deal in the State Supreme Court." As it turned out, • "The Washington Scene: Weicker SpUt With Nixon the State Supreme Court did not give the GOP a better mts High, Possibly Beyond Return," by Robert Waters; The Hartford Courant, December 9, 1973. "The conflict deal and some Republicans are annoyed at their governor. between President Nixon and Sen. Lowell P. Weicker, Jr., The plan has won no praise from GOP State Senate lead­ has clearly reached a point of no return as far as Weicker ersFred Marler and John L. Harmer, but former GOP is concerned - and the same probably goes for Nixon State Chairman Putnam Livermore praised it as the too," writes Waters. "One of the ironies of Watergate "death knell of partisan gerrymandering in California." is that it has made Weiclrer a strong Nixon critic - in Reagan's veto fam:: pas may be "the third blemish in spite of an avowed declaration by Weicker three years quick succession on Reagan's public image," according to ago that he would never become involved in a personal Political Editor Kossen, who also cites the defeat of Prop­ attack on Nixon. According to Connecticut Sen. Abraham osition 1 and a state court decision cancelling a welfare A. Ribicoff (D), Weicker is the 'best known political fig­ funding shift made by the governor. ure' in the state. But if the GOP suffers the predicted • "'New MaJority· Seen Drifting to Democrats," by monstrous setbacks in congressional elections next year, Lou Cannon. Wasblngton Post, December 2, 1973. "The Weicker will be blamed in some GOP quarters. Like the emerging Republican majority is drifting back to the Dem­ ancient Greek messengers who were slain because they ocrats," according to Cannon. "Data compiled by the Gal­ were the bearers of bad news, Weicker can expect many of lup polling organization shows that the key Democratic the losers to make him the villain in the piece." element of this supposed new majority - the 'peripheral • "Baker Has Southem Problems," by Tim Wyngaard. urban ethnic' celebrated by the Committee for the Re­ Knoxville News-SentdneI, December 9,1973. "Sen. Howard election of the President - would today vote far more H. Baker, Jr., the man who wasn't there, has some serious overwhelmingly Democratic for congressional candidates fence mending to do among southern Republicans if he's than in 1972, possibly giving the Democrats a two-thirds interested in running for President in 1976. Baker, who majority in the House." Cannon says these conclusions are is on a long-planned Puerto Rican vacation and who missed confirmed by pollsters Bob Teeter and Pat Cadell Com­ the Southern Republican Conference (held in Atlanta De­ menting on CREP's pursuit of the "peripheral urban eth­ cember 8-9), is trailing badly in the hearts and minds of nic," Cannon quotes Teeter as saying, "I never subscribed southern party workers, according to an informal sur­ to the peripheral urban ethnic theory. I never felt that vey of most state GOP chairmen attending the meeting." the demographic characteristics of those groups had any­ Baker's work on the Watergate committee with Sen. Sam thing to do with the way they were voting. The whole Ervin (D-N.C.) has not scored any points with southern business about the 'new majority' was really a deScription party workers. Mississippi GOP Chairman Clarke Reed of eastern cities. The same class of person decided for said, "Howard Baker was invited. But Baker charges for Nixon in Los Angeles as in the East, but he wasn't Italian his appearances and we don't pay anything." Wyngaard or Polish there, maybe not even Catholic. He was a per­ contends, however, that "Baker does not charge for pure­ son who had moved up in class and had a vote, a cottage, ly political appearances." He writes, "Reed also repeated two cars, two kids." According to Cannon, "One bright the theme, however, that Baker can mend his fences with spot for the Republicans in the current voter opinion sur­ southern party workers before the climax of the 1976 veys is that GOP candidates who enjoy a reputation of campaign." independence and integrity seem to be improving in voter • "Sen. Scott Reviews FIrst Year on HID," by Ken favor. A recent Teeter poll in Michigan, for instance, found Ringle. Washington Post, December 13, 1973. What was that Gov. William l,\filliken was at a high point of pop­ the highlight of William L. Scott's Senate freshman year? ularity, even while Watergate was growing as a voter con­ "Being sworn in was perhaps the highlight of the year," cern." according to Ringle. Sen. Scott's sense of importance has • "GOP Spilt Aids Nat," by John Haile. The (Nash­ also increased. "I am pleased to be one of two senators ville) Tennessean, November 25,1973. "Key Tennessee Re­ from Virginia ••. We only have a hundred members, you publicans are saying that Dr. Nat Winston will almost know." According to Sen. Scott, "It's frustrating being a certainly be the GOP nominee for governor next year un~ member of the minority party and a newer member of less his opposition is narrowed to one political moderate," that minority. My comrades are congenial ..• but they writes Haile. "Most of these Republicans, gathering in don't let me run the Senate." Sen. Scott was voted the 'Memphis last week to participate in the Republican Gov­ "least bright" senator by Senate staff members accord­ ernors Conference, also believe the field will be narrowed, ing to Ralph Nader's Capitol Hill News Service. 'with Gov. Winfield Dunn and Sen. Howard Baker (or • "Beagan," by F. Reid Buckley. New Times, No­ their key supporters) working to keep the nomination vember 30, 1973. Interviewing Gov. Ronald Reagan (R­ 'from Winston." Haile concludes that Knoxville Mayor Calif.) about the GOP in the aftermath of the defeat of Kyle Testerman is the least likely to make the race, his tax reform referendum, Buckley was told, "I happen leaving the moderate GOP split between retired business­ to be optimistic. I believe that the people are not. going man Dortch Oldham and former White House aide LaMar to attribute this misdeed by a small group to millions of Alexander. Although Oldham is campaigning harder, Haile other people simply because they happen to be Republi­ theorizes that he has less "staying power" than Alexander. can. If anything, I think it's more likely to affect all en­ compassed, [sic] that there's a move in the country to­ • "A Highway Fnnds Scandal Threatens Wallace's Po­ day, a pox-on-both-your-houses move, and a feeling that Iltlcal Future," by B. Drummond Ayres, Jr. New York all politicians are lower than used-car salesmen. I think Times, Nevember 30, 1973. "A major highway funds scan­ the Republican party has something more important to dal is threatening the political future of George C. Wal­ worry about. Continued Reagan, "I happen to think that lace at a time when the two-time govel'l).or is fast regain­ if the Republican party were new on the political scene, ing his health and is reportedly preparing to plunge once if it had a different name, the people in America would again into state and national electioneering," writes Ayres. be overwhelmingly in support of it. The GOP is suffer­ "The nam. of the goverI),or's brother, Gerald, has been ing from a stereotyped image of the past, from a lot of mentioned in the affair, which allegedly involves almost political demagoguery against it that has contributed to $100,000 paid to a phony machinery company on the basis some political and economic myths." Good old Republican of state purchasing orders drawn up by employes in the syntax.

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