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March 7, 2011 49145 $3.95 STANLEY KURTZ: What Is the Egyptian Opposition?
Pawlenty’s Shot The former Minnesota governor is a strong 2012 contender RAMESH PONNURU
$3.95 10 PLUS: BING WEST: On Patrol in Afghanistan ROBERT VERBRUGGEN: Whither Justice Kennedy?
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MARCH 7, 2011 | VOLUME LXIII, NO. 4 | www.nationalreview.com
COVER STORY Page 33 Anthony Daniels on Multiculturalism Pawlenty to Like p. 18 Tim Pawlenty’s main problem is simple: Most BOOKS, ARTS Americans have never heard of him. & MANNERS And among those who have heard of 43 TRAVAILS, CHINESE him, a common observation is that he AND AMERICAN is not an electrifying speaker. Yet Kevin D. Williamson reviews How Pawlenty may just be the Republicans’ the West Was Lost: Fifty Years of Economic Folly—and the strongest presidential candidate Stark Choices Ahead, by Dambisa Moyo. for 2012. Ramesh Ponnuru 45 WHAT IT WILL TAKE COVER: ROMAN GENN Mackubin Thomas Owens reviews The Wrong War: Grit, Strategy, ARTICLES and the Way Out of Afghanistan, by Bing West. 18 THE BRUTE AND THE TERRORIST by Anthony Daniels In Britain, multiculturalism cannot escape blame for either. 47 ACCEPTING LIMITS Anthony Daniels reviews The 20 A PROGNOSIS FOR JUSTICE KENNEDY by Robert VerBruggen Conservative Foundations of How will this pivotal jurist look upon Obamacare? the Liberal Order: Defending Democracy against Its Modern 23 JAILBREAK CONSERVATIVES by Eli Lehrer Enemies and Immoderate Sometimes the answer is fewer prisons. Friends, by Daniel J. Mahoney.
26 TRANSPORTATION-POLICY CROSSROADS by Samuel R. Staley 49 BEGAVELED NEUROSES There is indeed a right way. Joseph Tartakovsky reviews Scorpions: The Battles and 29 REAGANITE IRAN STRATEGY by Colin Dueck & Ray Takeyh Triumphs of FDR’s Great A multi-front attack can overcome the ayatollahs just as it overcame the Soviets. Supreme Court Justices, by Noah Feldman. 31 THE PEACE CORPS AT 50 by Jay Nordlinger A few observations (mainly conservative). 51 CITY DESK: USABLE PAST Richard Brookhiser browses the thrift shops. FEATURES
33 PAWLENTY TO LIKE by Ramesh Ponnuru SECTIONS The former Minnesota governor could be a strong presidential candidate. 4 Letters to the Editor 36 A FRIGHTFUL DEMOCRACY by Stanley Kurtz 6 The Week The Egyptian revolution’s leaders have an illiberal agenda. 41 The Bent Pin . . . . . Florence King 42 The Long View ...... Rob Long 38 WITH THE WARRIORS by Bing West 48 Poetry ...... Lawrence Dugan How our Marines go about the business of destroying the Taliban. 52 Athwart ...... James Lileks
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MONUMENTAL WASTE.
AN EXTRA ENGINE FOR THE JOINT STRIKE FIGHTER DOESN’T MAKE SENSE EITHER.
Voters elected a new Congress to fight against wasting taxpayer dollars. And this is a case where oonene is enough. The JSF’s current F135 engine won a marketplace competition in the mid-1990s and fully meets our military’s requirements. Taxpayers don’t want Congress to continue wasting $2.9 billion on an extra engine that Secretary of Defense Gates and military leaders don’t want or need, especially when it will cost hundreds of U.S. jobs. Tell your Congressional representatives to stop spending billions on this monumentally wasteful earmark at f135engine.com.
It’s in our power.™ letters--ready_QXP-1127940387.qxp 2/16/2011 1:57 PM Page 4 Letters
MARCH 7 ISSUE; PRINTED FEBRUARY 17 Against the Seventeenth Amendment EDITOR Richard Lowry In an otherwise excellent article about the U.S. Senate (“The Sense of the Senior Editors Senate,” February 21), William Voegeli errs in saying that “the Lincoln–Douglas Richard Brookhiser / Jay Nordlinger Ramesh Ponnuru / David Pryce-Jones debates were the first step on the road to the Seventeenth Amendment,” which Managing Editor Jason Lee Steorts provided for the election of senators by the people of each state, and that “the Literary Editor Michael Potemra Executive Editor Christopher McEvoy Seventeenth Amendment had the unintended consequence of reaffirming the National Correspondent John J. Miller distinct role of the states, as such, in discharging governmental responsibilities Political Reporter Robert Costa Art Director Luba Kolomytseva and engaging the people in self-government.” His reasoning is that during the Deputy Managing Editors Fred Schwarz / Kevin D. Williamson debates, Lincoln and Douglas, as candidates for the federal Senate, had to Associate Editors encourage citizens to vote for state legislators who shared their views on federal Helen Rittelmeyer / Robert VerBruggen Research Director Katherine Connell issues—and this turned the state’s “legislative elections into proxy fights over Research Manager Dorothy McCartney national policy on slavery and the western territories.” Executive Secretary Frances Bronson Assistant to the Editor Christeleny Frangos It is a stretch to assign a cause-and-effect relationship to the Lincoln–Douglas Contributing Editors contest and the amendment, two events separated by 55 years, since the former Robert H. Bork / John Derbyshire Ross Douthat / Rod Dreher / David Frum occurred during the gathering slavery crisis and was thus anomalous, and the Roman Genn / Jim Geraghty / Jonah Goldberg latter was a product of a “progressive” intellectual movement (see Thomas Florence King / Lawrence Kudlow / Mark R. Levin Yuval Levin / Rob Long / Jim Manzi Sowell) that would have seemed alien to both Lincoln and Douglas. Further, that Andrew C. McCarthy / Kate O’Beirne the Lincoln–Douglas debates forced candidates for the Illinois legislature to David B. Rivkin Jr. declare themselves on federal issues was a good thing. NATIONALREVIEWONLINE Editor-at-Large Kathryn Jean Lopez The people who elect senators should be the very ones who have to concern Managing Editor Edward John Craig themselves with “discharging governmental responsibilities and engaging the Deputy Managing Editor Duncan Currie News Editor Daniel Foster people in self-government” at the state level—that is, state legislatures. If that Editorial Associates were the procedure today, perhaps we would not face a real threat of national- Brian Stewart / Katrina Trinko Web Developer Nathan Goulding ized medicine. Instead of being a check on democracy run amok, the Senate is Applications Developer Gareth du Plooy Technical Services Russell Jenkins a body of 100 squabbling, self-interested politicians with campaign chests stuffed by public-employee unions, lawyers, etc. EDITORS- AT- LARGE Voegeli also cites the difficulty of stalemated senatorial elections—in which Linda Bridges / John O’Sullivan Contributors the houses of a state’s legislature are run by different parties and cannot agree Hadley Arkes / Baloo / Tom Bethell on a senator—but this problem could have been resolved more moderately in James Bowman / Priscilla L. Buckley Eliot A. Cohen / Brian Crozier 1913 simply by excluding the lower houses of state legislatures from the Dinesh D’Souza / M. Stanton Evans process. Or maybe it isn’t a difficulty at all, since the stalemated state is the Chester E. Finn Jr. / Neal B. Freeman James Gardner / David Gelernter one that’s forgoing representation as the fight drags on, and it has the power to George Gilder / Jeffrey Hart remedy the situation. Kevin A. Hassett / Charles R. Kesler David Klinghoffer / Anthony Lejeune D. Keith Mano / Michael Novak Alan Reynolds / William A. Rusher Robert D. Francis Tracy Lee Simmons / Terry Teachout Westminster, Calif. Taki Theodoracopulos / Vin Weber Chief Financial Officer James X. Kilbridge Accounting Manager Galina Veygman WILLIAm VOegeLI repLIeS: I am sympathetic to the conservative argument, ably Accountant Zofia Baraniak presented by mr. Francis, that the Seventeenth Amendment is one more lamen- Treasurer Rose Flynn DeMaio Business Services table progressive idea we should unwind if we could. The authors of the Con - Alex Batey / Amy Tyler Circulation Director Erik Zenhausern stitution were wise; however, they were not clairvoyant. They did not anticipate Circulation Manager Jason Ng that the ethic of deference that gave them so much latitude in philadelphia in WORLD WIDE WEB www.nationalreview.com MAIN NUMBER 212-679-7330 1787 would yield to enthusiastic and widespread engagement in self-governance. SUBSCRIPTION INQUIRIES 386-246-0118 The Illinois contest in 1858, in which politicians urged citizens to vote for state WASHINGTON OFFICE 202-543-9226 ADVERTISING SALES 212-679-7330 legislators solely on the basis of their partisan commitment to sending either Executive Publisher Scott F. Budd Abraham Lincoln or Stephen Douglas to the U.S. Senate, reflected this political Advertising Director Jim Fowler Advertising Manager Kevin Longstreet transformation. The logic of the Lincoln–Douglas race lent itself to electing sen- ASSOCIATE PUBLISHER Paul Olivett ators directly. It was the first clear sign that Americans wanted to close the con- PUBLISHER stitutional space created by the indirect election of senators, and the Seventeenth Jack Fowler Amendment was the culminating manifestation of that desire. CHAIRMANEMERITUS Thomas L. Rhodes
FOUNDER William F. Buckley Jr. Letters may be sub mitted by e-mail to [email protected].
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n People do have a lot of false ideas about Obama. Some of them think he’s a moderate.
n The guiding theme of President Obama’s new budget is See page 10. “more.” Compared with today’s levels, there would be more taxes, even more spending, thus more debt. He proposes to spend $3.73 trillion next year, which amounts to 23.6 percent of GDP. Tax rates would rise from 2013 onward. Judging from his rhetoric, Obama’s main worries are that deep cuts in the budget will endanger the economic recovery and shortchange “invest- ments” in education and clean energy. The evidence that these “investments” have yielded positive returns in the past or will do so in the future is nonexistent; ditto the evidence that rising spending has stimulated the economy, unless models that assume this effect are counted as evidence. We are moving on autopilot toward European levels of governmental bloat, and this president seems determined to keep it that way.
n Because the Democratic Congress never passed a budget last year, House Republicans are having to work on a budget for the seven months remaining in this fiscal year and a bud- get for next year at the same time. For the casual consumer of news, it can get confusing. In last fall’s “Pledge to America,” they said they would cut discretionary spending by $100 bil- lion. Budget Committee chairman Paul Ryan produced a spending limit for the remainder of the year that would achieve that goal, but only on a prorated basis. Many Republicans, especially freshmen, revolted at the adjustment, partly because sexual activity, but chided conservatives for dwelling on it they thought it would be hard to explain, and demanded the full so much more than on other sinful behavior, from failures of $100 billion. Congressman Ryan and the other Republican charity to premarital sex among heterosexuals. We wrongly leaders seem happy to oblige—they have produced a budget show gays “a little extra animosity.” Coulter is surely correct that cuts $100 billion from the president’s request for the rest to encourage heterosexual conservatives to take the beams out of this year, and plan to offer a budget for the next decade that of their own eyes. Neither philosophy nor theology provides cuts entitlements—and even happier to have reinforcements in any basis for regarding homosexual sin as categorically worse the battle for fiscal restraint. than other kinds, and conservatives have not always kept their perspective. But this is not the end of the matter. There is n A D.C. event that brings together George Will (introducing a strong tendency in our culture to declare that homosexual Indiana governor Mitch Daniels) and Jimmy “The Rent Is Too conduct is not sinful at all, that so regarding it is a form of Damn High” McMillan (doing his own inimitable thing) is a discrimination that must be policed by the state, and that mar- splendid circus. But the very circus atmosphere also renders the riage must be redefined in the name of this new moral ortho- event, the Conservative Political Action Conference (CPAC), doxy. The courts are increasingly inclined to impose this ridiculous. For the second year in a row, the presidential straw orthodoxy over a resistant public. Under these circumstances, poll was topped by Ron Paul. To boost its gate, CPAC throws the question of homosexuality will necessarily take up more its doors open to truthers, Birchers, and crackpot libertarians attention from conservatives than other vices and social ills. We (not Glenn Reynolds or Nick Gillespie libertarians, but the- did not choose this fight, and our only choice is to conduct it as South-was-right libertarians). CPAC has gone from being a effectively and charitably as we can. rally and a candidate forum to being a freak show with a fever swamp annexed. As Bessie Smith said, you’ve been a good old n The Democratic Leadership Council was formed after Presi - wagon, Daddy, but you done broke down. dent Reagan shellacked Walter Mondale in 1984. The thinking was that the Democratic party needed to move away from n Ann Coulter, in remarks at CPAC, declared herself “a friend McGovern-Mondale liberalism: toward respect for entrepre-
ROMAN GENN of the gays.” She did not deny the sinfulness of same-sex neurship, free trade, policing, welfare reform, and so on. The
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The American Civil War Taught by Professor Gary W. Gallagher TIM ED E O 1. Prelude to War IT FF E 2. The Election of 1860 IM R 3. The Lower South Secedes L 4. The Crisis at Fort Sumter 5. The Opposing Sides, I 70% 6. The Opposing Sides, II 7. The Common Soldier 8. First Manassas or Bull Run off 9. Contending for the Border States O 6 R Y 10. Early Union Triumphs in the West DER MA 11. Shiloh and Corinth BY 12. The Peninsula Campaign 13. The Seven Days’ Battles 14. The Kentucky Campaign of 1862 15. Antietam 16. The Background to Emancipation 17. Emancipation Completed 18. Filling the Ranks 19. Sinews of War—Finance and Supply 20. The War in the West, Winter 1862–63 21. The War in Virginia, Winter and Spring 1862–63 22. Gettysburg 23. Vicksburg, Port Hudson, and Tullahoma 24. A Season of Uncertainty, Summer and Fall 1863 25. Grant at Chattanooga 26. The Diplomatic Front 27. African Americans in Wartime, I 28. African Americans in Wartime, II 29. Wartime Reconstruction 30. The Naval War 31. The River War and Confederate Commerce Raiders 32. Women at War, I 33. Women at War, II 34. Stalemate in 1864 35. Sherman versus Johnston in Georgia 36. The Wilderness to Spotsylvania 37. Cold Harbor to Petersburg 38. The Confederate Home Front, I 39. The Confederate Home Front, II 40. The Northern Home Front, I 41. The Northern Home Front, II 42. Prisoners of War Explore Our 43. Mobile Bay and Atlanta 44. Petersburg, the Crater, and the Valley 45. The Final Campaigns 46. Petersburg to Appomattox Nation’s Most 47. Closing Scenes and Reckonings 48. Remembering the War
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THE WEEK DLC is now suspending operations. Its actual purpose turned out herring.” “Ninety-five percent of all the content on [the site] to be to make the country safe for unbridled liberalism. Let’s is about entertainment, lifestyle, and information. Not about hope the Democrats have declared its success prematurely. politics,” she argued. Yes, but that pesky 5 percent is what gives the site its distinctive flavor. And Huffington showed her n Speaker John Boehner, asked by NBC’s David Gregory to true colors when she asked, “What is left-wing about caring for denounce birther/Muslim fairy tales about Barack Obama, the middle class, about caring about the fact there are 26 mil- answered, “The state of Hawaii has said that he was born lion people unemployed?” Right. there. That’s good enough for me. The president says he’s a Christian. I accept him at his word.” Democrats did not have to say any more when their wilder brethren were accusing George W. Bush of colluding or somehow acquiescing in 9/11. Indeed they did not have to say anything at all, because nobody at NBC badgered Democrats to comment on such stuff. The obligation to be purer than Caesar’s wife falls disproportion- ately on conservative Republican officeholders. Granted all that, Boehner could be both more agreeable and more combat- ive. “Barack Obama is a Christian American gentleman—but that isn’t enough to make you a good president, as his terrible record shows. That’s why Republicans will fight him in the House, and replace him next year.” n Less than a day after Keith Olbermann unexpectedly announced that he had anchored his final episode of n Jon Kyl, the Arizona Republican, is nearing the end of his Countdown, Al Gore called the sportscaster–cum–political third term in the Senate. Before being elected to that body, he paranoiac up and invited him to join Current TV—the media served four terms in the House. He has now announced his company the former vice president co-founded a few years retirement. For all these years, he has been one of the most after losing to W. in 2000. One could be forgiven for igno- solid politicians in the country: a principled Reagan conserva - rance of Current TV’s existence—it enjoys small popularity tive, and NATIONAL ReVIeW conservative. He is a versatile with the square-glasses crowd, but is otherwise little known, thinker, an all-purpose senator, knowledgeable about eco- and less profitable. And that’s just why Olbermann will be nomics, the judiciary, foreign policy, and so on. Such birds are there—the non-compete clause of his severance contract rare. Kyl would have made, and would make, a good presi- with NBC would have excluded almost every other media dent. Bill Bennett once remarked that he and Kyl agreed on outlet. Olbermann told reporters that his new show will be almost everything: and when they did not, he (Bennett) fig- “an improved, amplified, and stronger version of the show ured he was wrong. Announcing his retirement, Kyl said, “I that I just did at my previous network.” It’s not clear how one think it is time for me to have an opportunity to do something could amplify the tone of Countdown, or how long else, an opportunity to give others a chance.” Some politi- Olbermann will last at Current TV. He’s been fired from cians, you wish would go, at long last. Others, you wish you almost every job he’s had; in each case, the cause of the could keep longer. separation was that Olbermann is, to borrow a phrase from employment law, an heroic jackass, congenitally boorish n Sen. James Webb (D., Va.) announced he will not run for even by the standards of his liberal employers. But let’s hope reelection in 2012. Webb cast himself as a latter-day Jack- against experience that this marriage lasts: Olbermann and sonian, a defender of the Democratic white working class Gore deserve each other. (both Webb and Old Hickory are Scots-Irish). There are prob- lems with Webb’s template: Jackson was a great fighter, but a n Taking a cue from guerrilla filmmaker James O’Keefe, tempestuous and problematic politician. It is also tangential to who made ACORN a household name, the anti-abortion Webb’s political career. Webb rode into office on the anti-Bush group Live Action sent a documentarian into ten Planned tsunami of 2006. He was an anti-war Republican (formerly Parenthood facilities. Posing as a pimp, the filmmaker NEWSCOM / secretary of the Navy under Reagan), hence prized as a defec- declared himself to be in need of Planned Parenthood’s COM . tor. Obama carried his state two years later. So far from show- flagship service, in order to keep the underage girls in his ing independence, Webb toed the Reid-Pelosi line on major employ producing revenue rather than offspring. Planned ACEPIXS / issues (stimulus, health care). Now that the Iraq War is off the Parenthood’s staffers were disturbingly eager to facilitate front page, Obama is a normal political mortal, and Virginia is the sexual exploitation of children forced into prostitution. returning to the GOP, Webb saw that his political future was “Okay, she’s a minor—yeah, so?” the staffer says. “She’s KRISTIN CALLAHAN
: zero. Goodbye, and good riddance. still entitled to care without Mom knowing what the hell is going on.” The experiment was repeated in other Planned n America Online has bought The Huffington Post for $315 Parenthood facilities, with similar results. Planned Parent- million and put its co-founder, Arianna Huffington, in charge hood offered the usual protests—selective film editing, words of all AOL news content. Accordingly, some advertisers are taken out of context—but Live Action has made its unedited NEWSCOM OLBERMANN / squirming as they contemplate the Internet giant’s direction footage available to the public, and it does not seem to have WENN
: under a left-wing activist. But on HBO’s Real Time with been distorted. Planned Parenthood avers that it has done
GORE Bill Maher, Huffington pooh-poohed this concern as a “red nothing wrong, but conceded the falsity of that claim by
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THE WEEK announcing a retraining program for employees dealing with ties no longer believed they could ensure safety. The agita- minors. The most relevant context, meanwhile, is the contem- tors were led by the Center for Constitutional Rights, a cabal poraneous trial of Philadelphia abortionist Kermit Gosnell, of American lawyers started by William Kunstler in the who, along with members of his staff, is facing murder Sixties. CCR’s mission since 9/11 has been the defense of charges for scissoring newborn infants to death after botched terrorists detained at Guantanamo Bay—a crusade in which abortions—a crime that is about six inches removed from it joined forces with several attorneys now working in the what legally transpires in Planned Parenthood facilities every Obama administration. These included now–Attorney day. General Eric Holder, who, as an Obama campaign adviser in 2008, promised the Left a “reckoning” against the officials n House Republicans are promoting legislation to prevent the who designed and implemented Bush counterterrorism poli- federal government from funding abortion through spending cies (most of which, of course, are now Obama counterter- or tax credits. Nancy Pelosi calls the bill, which is partly a rorism policies). The CCR claims the real reason for the response to Obamacare, “extreme.” One line of argument cancellation is its ongoing efforts to get European prosecu- holds that the legislation, by allowing funding only in cases of tors to bring about this reckoning by indicting Bush for “forcible rape,” is “redefining rape.” In truth this legislative “torture” and “war crimes.” By these perverted lights, language merely aimed to codify the pre-Obamacare under- Obama himself is a war criminal. You would think that self- standing that taxpayers would not pay for all underage girls’ preservation would move him to show some leadership, abortions; Republicans say they will drop the language to even if decency does not. avoid false attacks. Another criticism is that the bill is a type of government intrusion in the marketplace. Most Americans n The Financial Accounting Standards Board’s name may have access, through their employers, to insurance that covers make it sound harmless, but it deserves a significant portion abortion. Women who start getting insurance through the of the blame for the financial crisis. The FASB promulgated exchanges that Obamacare establishes would lose that cover- the “mark to market” or “fair value” accounting standards age. Intruding into the marketplace to discourage the killing that required financial institutions to write down the value of of unborn children strikes us as an easy call. But if liberals mortgage-based securities they owned when the housing want to avoid this scenario, they are welcome to join with us market went bust. In itself, that would have been fine. But the in working to repeal Obamacare. write-downs put the institutions’ capital reserves below their legally required levels, forcing them to sell in the middle of a n Commenting on this bill panic. The fire sale forced the value of the securities down and another piece of legisla- even further. This downward spiral amounted to a subsidy tion that would strip Planned to short sellers. Along with Brian Wesbury of First Trust Parenthood of federal fund- Advisors, we suspect that it is not an accident that the stock- ing, Pelosi said that her oppo- market recovery began in spring 2009, when FASB eased the nents on these issues “are at a rules. So it is a relief that FASB seems finally to have thrown different philosophical place, in the towel on this issue, giving up on applying mark-to- [that] all engagement has to market to loans. This decision is a big, if unheralded, win for result in a child.” The view she the economy. is snidely caricaturing is not the position of the Republican n Ralph Waldo Emerson wrote that most political disputes party, which has no moral ob - boil down to a contest between the party of hope and the party jection to contraception, but of memory. With their $53 billion appropriation for high- rather the historical teaching speed rail, the Democrats, led by Vice President Biden, are of Christianity and the contin- trying to be both. The hope is that Americans will abandon ued teaching of the Catholic Church, to which Pelosi claims to their carbon-belching gas guzzlers and embrace clean, care- belong. Pelosi’s conceit, shared with many other supporters free mass transit; the memory is of steam whistles and of abortion, is that she is an “ardent, practicing Catholic.” We Pullman cars and The Palm Beach Story. As usual, the hope is
are to believe that careful reflection has led her to a pained illusory and the memory is false. Even setting aside its huge AP / disagreement with her church. But this remark, like previous cost, limited capacity, and manifold technical problems, high- comments she has made trying to recruit St. Augustine as a pro- speed rail can never be more than a niche market in a nation choicer, show that she either is consciously misrepresenting as vast and suburbanized as ours. And even in railroading’s SPENCER GREEN . M
Catholic teaching or has never bothered to inform herself of it. golden age, passenger service was a money-losing nuisance : The bishops who have let liberal Catholics get away with this act for its operators, who preferred to concentrate on freight, prof- EMANUEL
for so many years have failed their flock, including its errant itable then as it is now (though high-speed passenger service : members. would undermine this business by hogging the rails). For more than a century, starting in Emerson’s day, railroads were UPI OPPOSITE n Score one for the radical Left. Its shock troops induced virtually the only way to travel long distances, but they were / the cancellation of George W. Bush’s scheduled trip to expensive and inconvenient, and Americans fled them as soon Switzerland, where the former president was to speak to a as there were decent alternatives. A rail-based America won’t KEVIN DEITSCH pro-Israeli group about anti-terrorism and freedom. The plug come back simply because visionaries and sentimentalists :
was pulled on the event when sponsors and Geneva authori- spend billions of taxpayers’ dollars to summon its ghost. PELOSI
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n Often, a politician will matter of hours, with only a feeble attempt to avoid his fate. find himself supporting John Boehner, then minority leader, had reportedly given Lee a position that he knows a warning last year when the freshman was partying with to be wrong. Such are the comely lobbyists. Either Boehner, now speaker, told him he expediencies of the busi- had used up his chances, or Lee knew that he would be so told. ness. But sometimes an ex - It is sad that pols succumb to folly, good that it be gotten off pedient politician can go the table briskly. too far, offending moral reason and losing his credi- n Wisconsin has long been a citadel of organized labor, and is bility. Which brings us to paying the price with a wobbly state economy and a projected Rahm Emanuel. The for- $3.6 billion budget shortfall over the next two years. Repub - mer congressman, and for- licans won control of the legislature and the governorship in mer Obama chief of staff, is running for mayor of Chicago. In November’s elections, so the problem belongs to the new gov- a debate, he embraced reparations to today’s black Americans ernor, Scott Walker, and the new Republican majority in the for the enslavement of blacks before the 1860s. He had a legislature. Republicans have brought forward a sensible pro- caveat, though: Chicago, like most of America, labors under a posal that would see government workers contributing more budget deficit, and there may be other budgetary priorities at toward their own health-care and retirement costs—which is the moment. Reparations, as Emanuel and others conceive to say, it would treat government workers more like workers them, are morally indefensible: Those who were wronged can- and less like entitled gentry collecting lifelong revenue from not be paid back; all that remains is hustling, to be resisted. the peasantry. To get a feel for Governor Walker’s radicalism, Maybe someone should ask President Obama what he thinks note that his proposal calls for government workers to pay of his former chief of staff’s position. a grand total of 12.6 percent of their own insurance premi - ums. In exchange, he promises no furloughs or layoffs. n Chris Lee had represented the 26th congressional district of Republicans have also proposed curtailing the collective- New York for one term plus change when he sent a photo of bargaining power of government unions other than those rep- himself, en déshabille, to a woman he had met on Craigs - resenting law enforcement and firefighters, limiting their list, describing himself as a divorced lobbyist. The woman bargaining authority to the issue of base pay and excluding the checked his name online, found that he was in fact a married corollary issues of benefits and pensions, which threaten to Republican congressman, and forwarded their exchange to bankrupt states across the fruited plain. Led by the AFL-CIO, the website Gawker. The news here is that Lee resigned in a the same unions protesting that their members cannot afford Put your card to work for you.
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THE WEEK to contribute one penny more toward their own retirements Rammell entered into correspondence with his Libyan opposite are rallying to raise millions of dollars to fight these changes number, advising him of the right procedure for obtaining in Wisconsin and elsewhere. Megrahi’s release on compassionate grounds. In other words, a British official conspired with foreigners to thwart British jus- n New York City is a place where people visit their old neigh- tice. David Cameron, Brown’s successor as prime minister, told borhood and complain that it has improved. Laments of this the House of Commons that the fixing of Megrahi’s release was type over today’s “sterile” Times Square ring false for anyone “profoundly wrong.” Far from dying, since his release Megrahi who actually experienced the old, endlessly fermenting one; has lived happily in a villa in Libya for a year and a half. The yet if you expunge every bit of raffishness from an urban envi- publication in the near future of more official documents ronment, the result is Singapore. New York’s municipal busy- promises to reveal the extraordinary extent of connivance and bodies have taken another step toward this goal by banning cover-up at the top of Britain. smoking in city-owned parks, beaches, and plazas—including Times Square. (A similar measure has been proposed in Boston, n Since 2004, Afghanistan has had a constitution guaranteeing which, ever since it stopped banning racy books and plays, freedom to exercise religious faith, and much blood and treasure needs new ways to feed its addiction to Comstockery.) None of has been expended in the effort to make a reality of such rights. the usual arguments for smoking bans apply here; any amount But the country also practices sharia—traditional Islamic law— a passer-by inhales will be trivial, and if someone is smoking which dictates the death penalty for any Muslim who converts near you, it’s easy to walk away. So let the tourists and hustlers to another religion. This contradiction has caught the unfortu- light up! New York is a happy city when the biggest prob- nate Sayed Mussa, born a Shiite Muslim. He’s 46. At the time lem in Times Square is smoking, but an unhappy one when the of the Soviet invasion, he lost a leg, and for the last 16 years government decides it must solve it. he’s worked for the Red Cross fitting prosthetics on amputee children. Inspired by the example of some selfless foreign n Is Europe’s governing class tired of multi- Christians, he adopted Christianity. For this he has been impris- culturalism? Germany’s chancellor, Angela oned, abused, and humiliated; and officials and the Taliban alike Merkel, called it a “total failure,” and France’s are calling to have him hanged for his Christian faith. In a prece- president, Nicolas Sarkozy, told an interviewer dent five years ago, Abdul Rahman, another Afghan who faced that immigrants should “melt into a single death for converting to Christianity, was allowed to leave for community.” The most elaborate critique was Italy. A Canadian bishop, the secretary general of NATO, two de livered by Britain’s prime minister, David Republican members of Congress, and a few scattered Christian Cameron, in a speech in Munich, in which he organizations are at last bringing pressure to bear to save Sayed traced the problem of homegrown Islamist Mussa. His horrific story is a reminder that even success in the alienation and terrorism to “a question of iden- Afghan War will not mean the vanquishing of barbarism. tity.” “A passively tolerant society,” Cameron said, “stands neutral between different values.” n Authorities in Britain want state schools to teach kids about But “a genuinely liberal country . . . says to its homosexuality in math, geography, language, and science citizens, this is what defines us as a society: to lessons. This new homo-friendly curriculum will begin at age belong here is to believe in these things.” The four. Suggestions include “teaching statistics through census things Cameron went on to cite were freedom findings about the number of homosexuals in the population,” of speech and worship, democracy, the rule of and “studying animal species where the male takes a leading law, and equal rights. What Cameron will do to role in raising young, such as emperor penguins and sea hors- uphold them remains to be seen, but his contrast es,” and “using gay characters in role play scenarios, and of passive tolerance and what he called teaching ‘LGBT vocabulary.’” Look for our president to take AP
“muscular liberalism” recalls Abraham Lin - up this theme in next year’s State of the Union speech. Sputnik / coln’s critique of Stephen Douglas for not car- Moment—out; Stonewall Moment—in. ing whether slavery was “voted up or down.” Could Europe be catching up intellectually with n Repeal the ban on gays in the military, elite universities LEFTERIS PITARAKIS Lincoln c. 1858? And: Will the other Illinois demanded, and we will recognize the Reserve Officers’ Train- : president make a similar discovery? ing Corps. Of course, repeal passed in December, and the ivied dons have yet to crown our cadets with laurels. That’s because AP CAMERON n Documents made available by the British government deepen some liberals have discovered a new moral outrage against / and darken the scandal surrounding the release of Abdelbaset al- ROTC: the military’s ban on transgender individuals. The Megrahi, the Lockerbie bomber sentenced to life imprisonment Stanford Students for Queer Liberation is circulating a peti- CHRISTOPHE ENA
in Scotland. Moammar Qaddafi, the Libyan dictator, let it be tion—which has garnered over 120 signatures so far—to keep : known that if his agent Megrahi died in prison, severe commer- the group off campus, and the Harvard Trans Task Force is wag- cial and political reprisals would follow. The British govern- ing a similar campaign. True, Harvard’s president, Drew Faust, AP SARKOZY ment, then led by Gordon Brown, panicked. An attempt to return has pledged to recognize ROTC, but Stanford remains non- / Megrahi under an agreement about the transfer of prisoners committal, having appointed a committee to consider recog - between the countries proved unworkable. Conveniently diag- nition. We will make the committee’s job easier: Any further GERO BRELOER nosed with cancer, Megrahi was given three months to live. opposition to ROTC would show our elite universities’ true :
Whereupon a Foreign Office official by the name of Bill motive: hatred of the military. MERKEL
1 2 | www.nationalreview.com MARCH 7 , 2 0 1 1 base_milliken-mar 22.qxd 2/14/2011 3:38 PM Page 1
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THE WEEK n The bizarre comments of Gen. George Casey following spirits of the air never seem far away. It is not surprising that the 2009 Fort Hood shootings (“as horrific as this tragedy the nation has a large population of witches—large enough to was, if our diversity becomes a casualty, I think that’s worse”) form a political lobby. That lobby has been roused to action were the first inkling most Americans had that of all the insti- recently. The Romanian government, like many another, is tutions of our society, hardly any is busier in promoting the strapped for cash. Earlier this year witches became liable to the ethnic/gender preferences and cultural masochism of the same flat-rate tax on their income as other citizens. Now, by “diversity” cult than the U.S. armed forces. An even more the pricking of their thumbs, something regulatory their way astonishing instance of this multiculturalist toadying has just comes: The government is attempting to make soothsaying emerged from the virginia Military Institute, one of our oldest witches responsible for the accuracy of their predictions, with military academies. vMI announced a conference this March fines for false prophecy. Queen Witch Bratara Buzea, who pre- under the title “711–2011: East Meets West,” in which: “We viously threatened to strike down Romania’s rulers with a spell celebrate the 1300th anniversary of Tariq ibn Ziyad’s crossing involving cat excrement and a dead dog, quite reasonably sug- of the Straits of Gibraltar, setting into motion the fusion gests that in stead of penalizing witches for faulty predictions, between two worlds.” The Internet, and presumably vMI’s “they should condemn the cards” instead. mailbox, were soon aflame with protests. vMI has now revised the event’s webpage to remove the word “celebrate.” It has n Swedish actress Lena Nyman died, age 66, after a long career also issued an aggrieved, whiny response to the protests, but in her home country. Her mark on this country was made in the conference will apparently proceed anyway. Comments 1968 when the U.S. Customs Service seized I Am Curious blogger Patrick Poole: “No word if vMI’s World War II com- (Yellow), a low-budget mockumentary in which she inter- memoration will be entitled ‘Germany meets Poland, Czecho- viewed fellow Swedes and had sex with her boyfriend. A fed- slovakia, Austria, Belgium, France, Norway, The Netherlands eral appeals court ruled that Ms. Nyman was covered by the and Russia.’” First Amendment, if by little else, and her vehicle made $5 mil- lion once it was released. The movie was dull and arid—left- n The Society for Personality and Social Psychology held its wing polemic with a dash of copulation, a formula that had annual conference in San Antonio. Attendee Jonathan Haidt, a already swept college campuses. Copulation has had a great 40 social psychologist at the University of virginia, began a pre- years (item: Lindsay Lohan, before her recent legal troubles, sentation optimistically titled “The Bright Future of Post- was trying to revive her career by playing Linda Lovelace, the Partisan Social Psychology” by asking how many of the 1,000 late porn star). R.I.P. present in the auditorium considered themselves politically liberal. About 80 percent raised their hands. Centrists and lib- n Joshua Goldberg was related to NATIoNAL REvIEW: the broth- ertarians? Fewer than three dozen hands went up. Conserva - er of Jonah, the son of Lucianne and her late husband Sidney. tives? Just three. As Haidt pointed out, this was somewhat at Josh has died after a fall, at the age of 43. Two years ago, he ran odds with the commitment to diversity advertised on the soci- for city council on the Upper West Side of Manhattan—in the ety’s website. He proposed an affirmative-action goal: a mem- neighborhood where he and Jonah grew up. He didn’t win. The bership that’s 10 percent conservative by 2020. He also Upper West Side is not friendly territory to conservative Repub - suggested that members broaden their outlooks by subscribing licans. But he gave it a spirited try. NATIoNAL REvIEW in gener- to NATIoNAL REvIEW and reading Thomas Sowell’s book al feels some fraction of the Goldbergs’ agony. R.I.P. A Conflict of Visions. We have alerted our staff to brace themselves for a flood of new subscriptions. n In George Shearing’s later years, avant-garde jazz buffs viewed him as the type of pianist that wealthy bankers liked to n one aspect of American exceptionalism in which conserva- hear in the background while chatting over cocktails. But in tives take pride is our insistence on retaining traditional units On the Road, Neal Cassady announced Shearing’s late-1940s of measure—pounds, gallons, yards—when all other signifi- drop-in at a Chicago club with “God has arrived,” and here’s cant nations have fallen to the loathsome metric system. how Jack Kerouac described the ensuing impromptu perfor- However, this pride rests on an illusion, as pride too often does. mance: “He blew innumerable our customary units have in fact been defined in terms of met- choruses replete with amazing ric units since the second Grover Cleveland administration. chords that mounted higher and The official definition of our treasured pound, for example, higher till the sweat splashed all is 0.45359237 kg. What is a kilogram, though? It is the mass of over the piano and everybody a platinum-iridium cylinder kept in a vault in Sèvres, France. listened in awe and fright. They Now we hear that this standard kilogram seems to be losing led him off the stand after an mass. Physicists are struggling to come up with a new standard hour.” In the 1980s his career by counting atoms. Good luck to them, so long as we can be enjoyed a renaissance due to a left with our pride, however illusory, and with our familiar series of collaborations with Mel pounds and ounces, grains and scruples, pennyweights and Tormé; their version of “Smoke hundredweights, and tons both short and long. oh, and keep Gets in Your Eyes” is a masterly your hands off our bushels and acres, too. melding of Shearing’s controlled but sparkling explorations and n From the endless reedy marshes of the Danube delta to the Tormé’s scat-inflected bravado.
AP haunted forests of Transylvania, Romania is a place where the Dead at 91. R.I.P.
1 4 | www.nationalreview.com MARCH 7 , 2 0 1 1 base_milliken-mar 22.qxd 2/15/2011 4:07 PM Page 1
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EGYPT Cautious Pessimism
GyPT had as close to a Velvet Revolution as could be imagined in a major Middle Eastern country. The E protesters who thronged the streets seeking Hosni Mubarak’s ouster were largely peaceful, and even self-policing. The only instance of sustained violence was when Mubarak’s rent-a-thugs attacked the demonstrators in Tahrir Square, some wielding sticks from atop camels, incredibly enough. After the protesters prevailed and Mubarak left office, they returned to the square to tidy it up, in a heartening gesture of civic- mindedness. The uprising validates George W. Bush’s insistence that there isn’t an Arab exception to people’s desire to have their voices heard and to be treated with respect. The Egyptian revolt put paid to the idea—a staple of establishment foreign-policy thinking for decades—that the Israeli–Palestinian dispute fuels Arab discontents. In Egypt, people weren’t protesting Israeli settlements, but the high-handedness, corruption, and incompe- tence of their own government. It is a measure of Bush’s vindi- cation that the Obama administration has now adopted the rhetoric of democratization it initially eschewed because it was so associated with its predecessor. One is tempted to say, “We’re all advocates of the Freedom Agenda now.” yet the lessons of the failures of the Bush years still apply. Hamas won the 2006 Palestinian elections and took over Islamism (albeit brutally). But you can rule by decree, steal Gaza; in Lebanon, the Cedar Revolution was hijacked by anoth- from your country, and torture your opponents for only so long. er armed political party, Hezbollah; in Iraq, elections may yet By the end, Mubarak was a destabilizing force, making it more create a sustainable pluralistic politics, but they were no sub - likely the protests would turn violent and the army split in the stitute for the imposition of order by our military after ethnic face of them. hatreds spun out of control. The creation of a democracy worth The protests have now spread throughout the Middle East, having depends on much more than mere voting. It requires including Iran. Vice President Biden directly challenged the order, a culture of compromise, the rule of law, the protection of regime in Tehran to allow its people to march in the streets, minority rights, and genuinely democratic political parties, just lending the moral support to the Green Movement that the for starters. It depends, in short, on what age-old conservative administration shamefully withheld in 2009. The Iranian gov- wisdom tells us are so crucial to the fate of nations—habits and ernment will be more determined and vicious in response to customs on one hand, and institutions on the other. the unrest than Egypt’s was, and more difficult to unseat. The In Egypt, the foremost institution of the state is the military, danger to the United States is that only its allies will be suscep- which carefully husbanded its public support by striking a neu- tible to revolution, and the wave of protests will eventually tral role between the protesters and Mubarak before finally issue in regimes less liberal and less friendly to the United shoving him out of office. The hope now is that it can hold States than those currently on offer. things together during a careful, deliberate transition to a demo- The protest leaders in Cairo were tech-savvy, young, and— cratic government worthy of the name. During this process, the judging by their rhetoric—secular. But they sit upon a sea of interest of the United States is in preventing the worst case, backwardness, hinted at by the horrific assault on CBS News which is either chaos or a takeover of Egypt by the Muslim correspondent Lara Logan. A Pew survey last year found atti- Brotherhood. Preventing the latter requires the creation of a tudes prevalent in Egypt that one would expect of Afghanistan: system with the strongest possible safeguards against the depre- widespread support for the execution of apostates, the stoning dations of a determined minority, and the allotment of enough of adulterers, and the like. This is why, for all the hope of the time prior to elections for parties besides the Brotherhood to last two weeks, we’re still cautious pessimists. organize. Even if the Egyptians aren’t going to exclude the If Egypt had slowly built up a democratic culture, it would be Brotherhood from elections, that doesn’t mean we have to—as better suited for the transition it’s about to undertake all at once. the Obama administration has done—welcome it or tell our- The policy of the United States going forward should be to sup- selves bedtime stories about its “largely secular” nature. port the growth of civil society and the development of opposi- The administration muddled its way through the crisis and tion groups in authoritarian societies. This is what the Bush AP ended up where any U.S. government probably would have: administration intended to do, but it got distracted by other, more / On the side of the protesters, demanding that Mubarak must pressing concerns. Then the Obama administration abandoned go. The Egyptian dictator had served his purpose for 30 years, the effort altogether. This would be a democracy-promotion
maintaining a cold peace with Israel and keeping a lid on policy focused on the preconditions of true democracy. YOMIURI SHIMBUN
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ority complex, has left a population de - moralized and without any belief in its own nation. George Orwell saw this hap- pening a long time ago; it has created a vacuum for the english Defence league to fill. Multiculturalism is the other side of the english Defence league coin. Whether Mr. Cameron’s characteriza- tion of the problem is wholly accurate is another question. For example, many of our homebred terrorists are not the cultur- ally isolated and alienated figures whom Mr. Cameron imagines, cut off from mainstream British life by ghettos and the multicultural nonsense that leaves then unable to speak english. Nor do they derive their suicidal-utopian fantasies from an unalloyed Islamic tradition. Their utopianism is at least as much secular as it is religious, though unfortunately their religion is one that lends itself particu- larly well to political violence. They are not, in short, the pathetic types that Mr. Cameron depicts, quite the reverse. Many of them are educated, if attendance at a modern British university counts as an education; they also have jobs and The Brute and the Terrorist prospects. No, they have seen British values and In Britain, multiculturalism cannot escape blame for either culture close up, or at least what British values and culture have become, and they BY ANTHONY DANIELS don’t like them. They are quite right not to do so; the fact that their response is grotesquely disproportionate and even ell hath no fury like an in - belonging to the other parties. Fat may more stupid than the culture that they tellectual whose orthodoxy is or may not be a feminist issue, but (in despise does not alter the correctness of challenged, especially when Britain) multiculturalism is definitely a their apprehension. Better a live slut than H the orthodoxy rests—as it usu- party-political issue. a dead pedestrian, say I; that does not ally does—on unexamined and perhaps Mr. Cameron spoke on the day on make me pro-slut. It means only that I unexaminable premises. So when Prime which 3,000 members of the english detest terrorism and its works as among Minister David Cameron said, by no Defence league, the soccer-hooligan the worst of all evils. But in reacting as means stridently, that multiculturalism wing of British politics, marched through terrorists, the young Muslims are follow- had not served Western countries, and the town shouting anti-Islamic slogans. ing Bakunin and the Baader-Meinhof particularly Britain, very well, it was only Mr. Cameron’s speech had been sched- gang as much as the Koran. It is not for to be expected that he should have pro- uled long in advance, but the temporal nothing that they go to Western universi- voked what newspapers described as juxtaposition was a fortunate one for ties. “fury,” though perhaps petulance would those who didn’t like what he said. He But just because multiculturalism is not have been a better word. was accused of giving succor to some of a major direct contributor to home-grown It is true that the place and timing of the most unattractive members of our terrorism does not make it right. On the his speech exacerbated its irritant effect. unattractive society. contrary: It is a sentimental and harmful luton is an unlovely town in Bedford - Of course, a large part of the problem doctrine that turns the mind to mush, is shire, regarded as a bad joke in england is that patriotism in Britain has been left evidence of an underlying indifference to (as Belgium is in France). Thoroughly to the brutes: the kind of ignorant savages the real lives of people, and is a provider despised by natives, it has long been who tattoo a bulldog on their biceps and of pseudo-work for lots of people such as a magnet for immigrants. Nine of its “Made in england” round their nipples, community organizers. 25 labour town councilors are Mus - and who in equal measure revolt and Multiculturalists are seldom really lims; there is only one Muslim councilor terrorize the cheaper resorts of the Medi - interested in the culture of others. Very terranean. The intellectual’s equation of few of them read books in foreign lan- Mr. Daniels is the author of Utopias Elsewhere patriotism with xenophobia, and pride in guages, for example, let alone immerse
and other books. past achievement with an arrogant superi- themselves in the Pali scriptures or the ROMAN GENN
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writings of the Sufi. I don’t blame them British Muslim, or indeed anyone else, for this: It is the work of a lifetime to be that he or she should not blow himself or able to do so, and we each have only one herself up in a public place. A Prognosis lifetime, to say nothing of limitations of The question that would surely strike ability and inclination. But let us at least anyone whose brain had not been addled For Justice not pretend that our interest in other cul- by doctrinal sentimentalism is “Why did tures extends much beyond their cuisine. it take Shalina Parveen”—who now has Multiculturalists generally rejoice at two young children—“ten years to decide Kennedy mass, and indiscriminate, immigration, to learn English?” If she can do so now, not because they are admirers of, say, presumably she could have done so then. How will this pivotal jurist look Somali political philosophy, but because human circumstances being so various, it upon Obamacare? they want the culture of their own country is possible, though not very likely, that to be diluted as much as possible: for only there is an excellent explanation; but sure- BY ROBERT VERBRUGGEN by rejecting what they have inherited do ly anyone with minimal alertness would they think they can show their indepen- at least ask the question. The multicul - hEn the Supreme Court in - dence of mind and generosity of spirit. tural mindset—or emotion-set—seems to evitably hears a challenge Let the heavens fall, so long as I am destroy the critical faculties, if not the to Obamacare’s constitu- thought (by my peers) to be a free-thinker. brain itself. W tionality, the outcome will The extreme sentimentality of the mul- Then we learn that Shalina Parveen, be far from a sure thing. And the most ticulturalist mindset was well illustrated who is in receipt of state benefits, and important question is what Anthony by an article in The Observer, the Sunday who is not looking for work, will no Kennedy thinks. newspaper of the British intelligentsia longer qualify for her free English The primary issue boils down to what (including me), the week after Mr. Cam - lessons: from which she concludes that the Constitution’s Commerce Clause and eron’s speech. In the correspondence col- she will not be able to learn English and necessary and Proper Clause mean. The umn there were the usual, and expected, integrate by, for example, going to the Constitution gives the government the snide and adolescent remarks that pass in doctor—this is her example. right to “regulate commerce . . . among certain circles for thought, for example I hope I shall not be thought a neo-nazi the several states,” as well as to do every- thing that’s “necessary and proper” to achieve that regulation. Through the early Multiculturalists generally rejoice at 20th century, the Supreme Court enforced strict limits on these abilities, but since mass immigration because they want then, those limits have all but disap- the culture of their own country to be peared. The turning point was 1942’s Wickard v. Filburn, in which the Court diluted as much as possible. held that the government can regulate how much wheat a farmer grows—even that Mr. Cameron, having gone to Eton when I ask why a woman who did not the wheat he plans to use on the farm and Oxford, was himself a member of a speak English, was not fleeing from instead of selling—on the grounds that tiny (and much hated) cultural minority. political persecution, and had no skills such activity has a “substantial economic But there was also a long feature article that made her easily employable was effect” on interstate commerce. Most re - about a woman of Bangladeshi origin allowed to immigrate into England. I cently, in 2005’s Gonzales v. Raich, the who, supposedly thanks to Mr. Cam- wish her no harm; but from the stand- court held that the federal government eron’s retrenchment of public services point of national interest, what has she could forbid California residents to grow and rejection of multiculturalism, would brought to the country, other than self- and consume their own medical mari - now not be able to integrate herself into imposed obligations? (This is another juana, which was legal under state law, on British society. question not raised by The Observer.) But the grounds that some of the marijuana The woman was called Shalina Par - almost by definition, multiculturalists are created this way might enter the illegal veen: “Shalina Parveen is a model Mus- not interested in the national interest: The interstate market. lim in David Cameron’s Britain. She left world is their oyster, and they demand In the Obamacare case, the question Bangladesh a decade ago, settled in that we all swallow it. is whether the Commerce Clause Rochdale, and is now learning English 16 It is, of course, possible that her chil- allows Congress to force people to buy hours a week at college.” dren will turn out to be great assets to the insurance—that is, to regulate inacti - The incuriosity of the writer—and, pre- nation. So might the child of Shalina’s vity, or a person’s failure to engage in sumably, of the editor—is startling. It friend, Parveen Akhtar, who—according commerce. “It’s extremely powerful illustrates what the author thinks is to the article—will now also not be able to rhetorically to say that Congress has required to be a model Muslim, namely learn English because of Mr. Cameron. never done this before,” notes nicholas not to be a terrorist, for no one could “Parveen Akhtar [is] a single mother who Quinn Rosen kranz, an associate professor possibly imagine the pleasant-looking came to the country from Pakistan.” of law at Georgetown who clerked for woman as such. But it is surely a very now that is what I call cultural integra- Justice Kennedy, when asked what he reduced requirement of being a good tion. Who needs language? thinks the justices will make of the
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distinction. “Nobody has been able to state travel, and inhibits learning (which women’s ability to participate in com- drum up an example.” in turn affects students’ ability to parti - merce.) Kennedy joined in Rehnquist’s In theory, the Court could rule any of cipate in commerce); in the view of the majority opinion, which invalidated the three ways. One, it could uphold the indi- majority, these arguments were insuffi- provision. vidual mandate. Two, it could strike the cient to tie the government’s actions to the In Raich, however, Kennedy joined the mandate down on the grounds that it goes interstate-commerce power. liberal justices (plus Scalia) in John Paul beyond even the Court’s broad interpreta- Kennedy wrote a concurring opinion, Stevens’s majority opinion (which, again, tion of the Commerce Clause. And three, which today is the most detailed record of held that the federal government can reg- it could interpret the Commerce Clause his views on the Commerce Clause. He ulate marijuana that’s grown for private according to its original meaning, striking wrote that in light of the expanded view consumption). down Obamacare and paving the way for of the clause the Court had taken since Where does that put Kennedy on the an avalanche of lawsuits against other Wickard, the majority opinion in which Obamacare case? It’s hard to say; he government programs. he’d joined “gives me some pause.” He seems cautious more than anything, and The first option is the best bet, the made it absolutely clear that he has no neither option here—striking down a second is a distinct possibility, and the intention of rolling the clause all the way presidential administration’s flagship third is all but impossible. Here’s why. back to its original meaning: “The Court accomplishment, or giving Congress the The four liberal justices are almost cer- as an institution and the legal system as a right to force people to buy the products tain to support the individual mandate, whole have an immense stake in the sta- of private businesses—fits that mold. “In meaning that they need only one more bility of our Commerce Clause jurispru- a way, I see him as a small-C, Burkean vote for a majority. On the conservative dence as it has evolved to this point.” He conservative,” Dorf says. “Which leads side, they probably won’t find a friend in went on to stress the importance of feder- me to think, although without over- Clarence Thomas, who has tried repeated- alism, and argued that the Commerce whelming evidence, that whoever is able ly to return the Court to its old under- Clause is not a license for the federal gov- to frame this case as resistant to radical standing of the Commerce Clause. ernment to interfere in the traditional state change will win it.” However, the two newest conserva- concern of criminal justice. “Absent a It’s also worth bearing in mind what tives, John Roberts and Samuel stronger connection or iden - Dorf calls the “wild card” of the case: the Alito, have not left a con- tification with commercial argument that the individual mandate is sistent paper trail on the concerns that are central to a tax, and that therefore the government issue, and so their votes the Commerce Clause, that can implement it under its taxing powers are hard to predict. In interference contradicts the rather than the Commerce Clause. This their confirmation tes - federal balance the Framers is a difficult argument for the Obama timony, both recognized designed and that this Court administration to make; during the that the Supreme Court has is obliged to enforce,” he Obama care debate, when conservatives abandoned the original mean- concluded. claimed the individual mandate violated ing of the Commerce Clause, “I read [the Lopez concur- the president’s pledge not to raise taxes but neither said what should rence] as Justice Kennedy for anyone making less than $200,000, be done about it. And Antonin trying to send two sets of sig- Obama insisted it wasn’t a tax. However, Scalia sided with the majority nals,” says Michael C. Dorf, Dorf notes that Kennedy has expressed in Raich (the marijuana case), a professor at Cornell Law dislike for a “jurisprudence of labels”— which makes a pro-Obamacare School and a former Kennedy that is, court decisions that hinge on what vote a definite possibility for him. clerk. “He wants to join the something has been called, rather than Even assuming none of the late chief justice [William what it is. It’s anybody’s guess what conservatives sides with the Obama Rehnquist] in saying there’s Kennedy (and the other judges, for that administration, there’s the question a limit to what Congress can matter) will make of the argument that the of Anthony Kennedy, the Court’s do, but he also wants to reassure ability to tax entails the ability to force swing vote. His existing jurisprudence Congress and the interested public that people to purchase whatever the govern- makes him a toss-up. he has no interest in substantially rolling ment wants them to, because there’s not The Supreme Court has decided three back federal powers. He’s just affirming much precedent for it. major Commerce Clause cases since that there’s a line somewhere out there, With Kennedy as a coin flip, added to Kennedy joined in 1988: U.S. v. Lopez, and that Congress had crossed it in this the possibility that any or all of Justices U.S. v. Morrison, and Raich. case.” Scalia, Roberts, and Alito might side with Lopez, decided in 1995, was the first Kennedy came to a similar conclusion the Court’s liberals, the most likely out- case since Wickard to limit the gov - in 2000’s U.S. v. Morrison. At issue was come is for Obamacare to be upheld. ernment’s power under the Commerce a provision of the Violence Against Thanks to more than a half century of rul- Clause. The court’s majority opinion, in Women Act that allowed victims of ings that treat the Commerce Clause as a which Kennedy joined, invalidated a fed- sexual violence to file suit in federal license for the federal government to pass eral law against bringing a firearm within court, even in cases where state law- any law it wants, it will be difficult for the 1,000 feet of a school. The government enforcement agencies had not filed individual mandate’s opponents to con- had argued that gun violence in schools criminal charges. (Sexual violence, the vince the court that forcing people to
DARREN GYGI harms the economy, discourages inter- government’s argument went, affected buy insurance is a bridge too far.
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servative Republicans around the country. wasting taxpayers’ money and destroying As recently as 15 years ago, conserva- lives. While some of these new policies Jailbreak tives almost uniformly called for building may seem relatively “soft on crime,” a more prisons, increasing criminal penal- look at the results, and at the circum- Conservatives ties, extending the length of prison sen- stances that gave rise to them, reveals an tences, and eliminating programs that embrace of conservative principles, not Sometimes the answer is allowed offenders to remain outside of an abandonment of them. fewer prisons penitentiaries. Now that’s changed, and There’s no doubt that the nation’s leaders with sterling right-of-center cre- corrections systems have changed in the BY ELI LEHRER dentials have embraced new thinking past several decades, and changed most about crime and prisons that picks up on dras tically under conservative leaders. o hear state representative Jerry many concerns once more closely associ- According to the Pew Center on the Madden describe it, his effort ated with the Left. The new approach, States, in 2009, for the first time since to shrink Texas’s sprawling, organized around a loose coalition called 1972, America’s state-prison-inmate T 170,000-inmate prison system Right on Crime, emphasizes stricter population (about 1.4 million) declined was pretty simple. “I figured we could parole and probation in return for shorter slightly. Reform efforts have taken place either speed people coming out, or slow sentences, the reform of sentencing prac- in every part of the country, mostly with them down going in,” says the hulking, tices, diverting low-level offenders away leadership from Republicans popular always-smiling engineer-turned-legislator. from prison, involving victims in offend- with the party’s conservative base. “We chose to slow them down going ers’ lives, in-prison drug-treatment and Beyond Texas’s $2 billion reduction in its in, and that’s saved $2 billion for tax- literacy programs, faith-based rehabilita- corrections budget, South Carolina under payers.” Madden’s formula for reforming tion, a reduction in the overall number of former governor Mark Sanford trimmed America’s second-largest state-prison criminal laws, and a slower pace of prison about $241 million from the state correc- system has had a great influence on con- construction. tions budget, while conservative gover- Conservatives, in short, have come to nors including Indiana’s Mitch Daniels Mr. Lehrer is vice president for Washington, D.C., realize that ever-increasing prison pop - and Louisiana’s Bobby Jindal have an - operations at the Heartland Institute. ulations and ever-harsher penalties are nounced sweeping initiatives to change
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sentencing laws, reform probation, and Policy Foundation. “Punishment should stem the growth of prison systems. Even matter, and certain people need to be in California, where harsh sentencing locked up. We don’t deny that there was a laws and powerful corrections unions cre- point when states needed more prisons— ated the nation’s biggest prison system, it’s just that the point has passed.” the total inmate count declined 2.5 Different states have accomplished percent between 2008 and 2009 as total similar goals in different ways. South prison spending fell. During the same Carolina achieved its reforms with period, only one of the ten largest states, sweeping legislative packages that elimi- Pennsylvania, saw its jail and prison pop- nated sentencing disparities between peo- ulation grow faster than its overall popu- ple charged with possession of crack and lation. powder cocaine, changed community- Newly elected governors including supervision requirements, and worked to Kansas’s Sam Brownback and Florida’s reduce recidivism among released con- Rick Scott have ambitious plans to victs. Other states, such as Texas, have move their states in the same direction. taken incremental approaches involv - And conservative heavyweights such as ing dozens of different actions through Americans for Tax Reform president the legislative and executive branches. Grover Norquist, Newt Gingrich, and Indiana governor Mitch Daniels’s pro- former drug czar Bill Bennett have posed reforms to sentencing policies— signed on to a Right on Crime statement which would vastly increase judges’ of principles endorsing the new direc- discretion in imposing sentences, cut tion in criminal justice. some penalties outright, and give new Conservative reformers today are not falling prey to the canard that criminals are victims of society.
By and large, conservatives calling for incentives to localities to divert low-level corrections reform have made a convin - offenders—may be the most sweeping cing case that the project comports with serious proposal on the table. But not all efforts to shrink government while con- reforms have been limited to big legisla- tinuing to carry out its core functions. tive moves: Mississippi’s Haley Barbour “Prisons are just another government has concentrated on improving correc- spending program; we should treat them tions systems through budget measures, like that,” says Pat Nolan of Charles executive orders, administrative reforms, Itonly Colson’s Prison Fellowship ministry. and symbolic actions such as commuting Nolan, a former minority leader of the the sentences of two sisters given life in California assembly who spent 25 months prison for an armed robbery that netted takes a in federal prison after a bribery sting oper- $11. (The sisters had become a cause ation, has not always taken this view. célèbre for the NAACP and dozens of moment. “When I was a legislator, I was tough on other groups, and were released on the bureaucracy, whether it was CalTrans or condition that one donate a kidney to save Make a difference CalEPA. But when it came to the prison the other’s life.) in the lives of the men and women system, I handed them a blank check,” he If conservatism is truly what Russell who protect our freedom. says. Kirk described as the “negation of ideolo- VOLUNTEER. DONATE. REMEMBER. Conservative reformers today are not gy,” then it ought to evolve with the facts USO.ORG falling prey to the canard that criminals on the ground and should not pursue are victims of society. Rather, a crime rate unchanging policies under changing cir- that has fallen every year but one since cumstances. For all the good that it has 1994 has made it possible for them to done in reducing crime, America’s ever- retreat from the reflexive “lock ’em up” growing prison industry is an instrument mentality that once helped win elections. of the state that deserves real suspicion. “The focus is on the victims, not the Efforts to stop squandering money and offenders,” says Marc Levin, who coor - human potential on less-effective ap - dinates the Right on Crime Coalition proaches to criminal justice deserve the through the Austin-based Texas Public Right’s support.
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larsandoutliningpotentialsolutions.The Federal Highway Administration pro- Transportation- videdoneofthemoreusefulanalyses in2008.state,local,andfederalcapital Policy spendingonroads,bridges,andstreets amountedto$78.7billionin2006. Justto Crossroads maintaincurrentroads,thenationneeds tobespending$105.6billion.Toimprove There is indeed a right way them—tobegintomakeheadwayagainst congestionandupgradebridgesand BY SAMUEL R. STALEY streets—wewouldneedtospend$137.4 to$174.6billioneachyear,dependingon s U.s.transportationpolicybeyond howweprioritizeprojects. salvation?Aquickglanceatthelast Complicatingthepictureisouraban- twoyearssuggestsredemptionis donmentofasoundprincipleofpublic I unlikely.Butanuancedreadingof finance:Thosewhobenefitfromapublic thecurrentpoliticalenvironmentreveals investmentshould,totheextentfeasible, The Catholic thatapathforwardexists,particularlyif payforit.Thatwastheprincipleonwhich Shakespeare? thenewCongresstakesabalancedand thefederalgovernment’sforayintona- realisticapproachtotheissue. tionaltransportationpolicyrestedwhen June 10-12, 2011 Thisisnosmalltask.Federaltrans- PresidentEisenhowershepherdedlegisla- portationpolicyisindisarray.Apoliti- tionthroughCongresscreatingtheinter- Portsmouth Abbey School, RI callysensitiveWhiteHouseisfixatedon statehighwaysin1956.Thenetwork’s short-termjobcreation,notthelong-term constructionandmaintenancedepended Speakers will include: investmentsneededtoensurethatthena- onafederalgastax,whoseproceedswent Dr. Glenn Arbery: The Problem of tion’stransportationbackboneishealthy intotheHighwayTrustFund. Catholic Piety in the Henry VI Plays enough to support productivity and Butweturnedawayfromtheuser-pays investment.Oneofthetopprioritiesofthe principlesoonthereafter,asmycolleagues Clare, Viscountess Asquith: As Obamaadministrationisanexpensivebut attheReasonFoundationdocumentin You Like It and the Elizabethan inconsequentialhigh-speed-railinitiative, arecentreport,“RestoringTrustinthe Catholic Dilemma atatimewhenthesteadyerosionofour HighwayTrustFund.”In1970,Congress Dom Aidan Bellenger, Abbot of nation’sprimarysourceoffederaltrans- allowedtrust-fundmoniestobedivertedto portationfunding—theper-gallongastax, buslanesandpark-and-ridelots.Amass- Downside: The Blasted Heath: The whoserevenueisdwindlingasvehicles transitaccountwascreatedinthesurface Death of Catholic England becomemorefuel-efficient—isaboutto TransportationAssistanceAct of 1982, Rev. David Beauregard: Shakespeare throwtheHighwayTrustFundintoin- divertingone-ninthofgas-anddiesel-tax and Religion: the Catholic, the solvency.Compoundingthesechallenges revenuestopublic-transitoperationsand Protestant and Secular Dimensions istheleadershipattheU.s.Department projects.In1991,theIntermodalsurface ofTransportation(DOT),whichincludes TransportationEfficiencyActaddedbike Dr. John Cox: Are Shakespeare’s acabinet-levelsecretary,RayLaHood, paths,sidewalks,recreationaltrails,and Prayers Catholic? knownmoreforlegislativedealmaking historicpreservationtothegrowinglistof Dr. Gerard Kilroy: “Changing Eyes:” thanforanunderstandingofthenation’s projectsthatcouldbefundedbygastaxes. Faith and Fluctuation in Romeo transportationneedsandchallenges.Fi- By2009,27percentofspendingoutof and Juliet nally,theU.s.DOT istryingtomakeup theHighwayTrustFundwasdedicatedto fordecadesofpolicyabdicationbystate non-highwayexpenditures. Rev. Peter Milward: departments of transportation—even Inshort,thefundstartedoutasafed- The Catholic King Lear thoughitlackstheresourcesandcon- eralcommitmenttolinkingthenation stitutionalmandatetobuyanddeliver togetherwithaseriesofEuropean-style Mr. Kevin O’Brien and everythingonthesmorgasbordoftrans- autobahns,buttodaypaysforjustabout Mr. Joseph Pearce in a Theater of the portationimprovementsthatanalystsand anythingthatcanbecalledtransporta- Word production of Hamlet’s Agony politicossayweneed. tion. ... and more to come. Nearlyhalfadozennationalcommis- AndtheHighwayTrustFundisnot sionsandtransportation-policyorganiza- theonlyelementoffederaltransporta- For information or registration: tionshavepublishedreportscalculating tionpolicythathaslostdirection.The www.portsmouthinstitute.org shortfallsofhundredsofbillionsofdol- extentoftheproblemwasapparentin or contact Cindy Waterman theObamaadministration’s2009stim- at (401) 643-1244 Mr. Staley is the Robert W. Galvin Fellow at the ulus,whichpumped$48billioninto or [email protected]. Reason Foundation and co-author of Mobility transportation-infrastructure projects First: A New Vision for Transportation in a rangingfromrepavinglocalstreetsto Globally Competitive Twenty-First Century. fundingintercitypassengerrail.
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DOT’s second-quarter 2010 progress ed Atlanta streetcar line that would pro- landing fees and various aviation user report revealed that only 57 percent of vide a downtown link to an outer regional taxes). Most operating costs for transit the total discretionary transportation rail line will do little to alleviate the con- agencies are also funded by user fees and spending through the stimulus program gestion that slows interstate commerce local and state governments. Thus, with was allocated to the Federal Highway and travel through the corridor. These are the exception of rural states with large Administration for road and street im - luxury projects for a federal government sections of interstate highways, most provements. Nineteen percent went to the facing a budget crisis and a national trans- states already control the spending on Federal Railroad Administration, mostly portation network facing severe capacity their transportation networks. for high-speed-rail projects. Another 17 challenges at major transshipment points Second, states own most of the assets percent went to the Federal Transit in places such as Southern California, that make up the transportation network. Administration for various transit-capital Chicago, and Houston. Interstate highways make up just 2.5 per- improvements, including streetcars and This approach to federal transportation cent of the 8.5 million lane-miles of bike paths. funding no longer fits fiscal reality, or, roadway in the U.S. Nearly two-thirds What’s notable about this distribution judging by the rise of the Tea Party move- comprises small local roads. Even the is how out of sync it is with the way ment, the political sensibilities of the interstate highways are state-owned and the American public gets around. The American public. -controlled, though the states receive 2009 National Household Transportation We should go back to basics. Federal federal funds to manage and maintain Survey revealed that 84 percent of all trips policy should be defined by constitution- them. and 88 percent of all distance traveled al principles and the concept that was the Third, the federal government simply is by personal vehicle. Amtrak, intercity cornerstone of the justification for federal doesn’t have the money to fund projects trains, and commuter trains account for funding of the Interstate Highway Sys- much beyond upgrading, filling in, and 0.5 percent of all travel. Walking makes tem: interstate commerce. maintaining the 213,588 existing lane- up about 10 percent of trips but less than Congress should narrow the scope of miles of interstate highway, including key 1 percent of miles traveled. The rest is federal transportation-policy priorities to bridges and tunnels, especially given the made up largely of various forms of pub- four core principles: declining revenues of the gas tax. The lic transit, including bus and subway. l Fund only projects that have true integrity of the Highway Trust Fund Performance criteria and cost-benefit interstate-commerce ramifications; needs to be maintained, and that means analyses are unlikely to align funding l Fund only projects that have a signif- limiting the scope of federal involvement priorities with actual travel. Within the icant impact on the national transportation to projects we can actually fund. In the Recovery Act was a DOT discretionary- network; aforementioned report, Robert Poole and grant program called Transportation l Enable state and private-sector finan - Adrian Moore of the Reason Foundation Invest ment Generating Economic Recov - cing for transportation projects to lever- coined the term “Interstate 2.0” to de - ery, or TIGER. The program has obligat- age and, in some cases, substitute for scribe this goal. ed over $2 billion in federal spending on a national taxpayer funding; and Fourth, private investors are willing to variety of projects, from bike paths to l Fund research into safety and tech- step up and fill funding gaps if govern- major investments in critical national nology that is beyond the scope and ments let them. As open-road tolling freight corridors. capability of state departments of trans- (electronic tolling at highway speeds) Initially, TIGER was widely lauded by portation. becomes more popular, incremental en - analysts (including me) for its rigorous These principles should not be too hard hancements to the road network through evaluative criteria. Projects were subject- to implement. innovations like High Occupancy Toll ed to cost-benefit analysis and profession- First, even though state governments (HOT) lanes will provide sustainable rev- al peer review, and were scored on their have ceded much of their authority over enue streams that can leverage private ability to meet public-policy objectives. transportation policy to the federal gov- capital. HOT lanes already exist in seven Projects with significant local-funding ernment, they still control the vast major- states, and six additional states are either matches and private investment were ity of the road network. The federal building them or seriously studying given priority. Projects of national sig - government funds a little more than a them. nificance were also given preference. quarter of all spending on the nation’s While U.S. transportation policy is Almost 100 physical-infrastructure pro- roads, highways, and bridges. Aviation is facing serious challenges, its problems jects received funding during two phases largely self-sufficient (funded through are not insurmountable. Many of them of the TIGER program. are, in fact, political. By simply narrow- Yet a detailed look at the projects ing the scope of federal transportation awarded would leave more than a few policy to clearly defined national inter- advocates of federal transportation pro- ests, encouraging states to become more jects scratching their heads. Local fund- creative and innovative in managing their ing matches are common, but user fees networks, and enabling greater private- are hard to find, and many projects are too sector involvement in financing these pro- small or frivolous to warrant federal atten- jects as well as managing them, the U.S. tion. While innovative, the Indianapolis transportation network can remain the regional bike path hardly rises to the level envy of the world and a foundation of our of national significance. A widely herald- “Because I can’t follow my dreams, dummy!” global competitiveness.
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the United States cannot be overcome with neither peaceful coexistence nor indefi- diplomatic mediation? Giv en our ongoing nite struggle, but instead the ultimate Reaganite entanglements in the Middle East, neither forcing of a worthwhile arms-control the Obama administration nor the Amer- agreement on terms favorable to the U.S. Iran Strategy ican public seems eager for another mili- He did not believe that the Soviet system tary confrontation, and even without those could handle sustained economic, mili- A multi-front attack can overcome the entanglements, war would be a terrifying tary, and technological competition with ayatollahs just as it overcame the Soviets pros pect. Yet it is possible to disarm an the United States, and he thought that adversary, pressure it into abandoning its exerting such pressure on the USSR and BY COLIN DUECK ideological underpinnings, and even pave its proxies could force a capitulation. As & RAY TAKEYH the way for its peaceful demise, all without he told his friend Richard Allen in 1977 firing a shot. To understand how this can when asked for his long-term ambition in fTER years of fruitless outreach happen to the Islamic Re public, one only relation to the Soviet Union: “We win and to the Islamic Republic of Iran, needs to recall Ronald Reagan’s dealings they lose.” a troublesome question is now with another ideological relic—the Soviet Upon entering the White House in A being discussed in Washington: Union. 1981, Reagan developed and implement- What if the differences between Iran and Reagan developed his ideas on how to ed a comprehensive strategy for achieving confront the Soviet Union over a period this goal. The most obvious point of vul- Mr. Dueck is a professor of public and international of many years. Like other foreign-policy nerability for the USSR was its economic affairs at George Mason University and the author of hawks in the 1970s, he wanted to rebuild feebleness. Reagan was determined that Hard Line: The Republican Party and U.S. America’s military and reverse a long the United States should stop subsidizing Foreign Policy Since World War II (Princeton period of Soviet and Com mun ist expan- the Soviet economy. He looked to deny University Press, 2010). Mr. Takeyh is a senior fellow sion. Also like them, he viewed the Soviet Western currency, trade, and technology to for Middle Eastern studies at the Council on Foreign regime as hostile, aggressive, and revolu- the Soviet bloc. And although such efforts Relations and the author of Guardians of the tionary in intent. Yet at the same time, he met with only partial success among Revolution: Iran and the World in the Age of held a number of beliefs that were unusu- America’s European allies, Reagan’s poli- the Ayatollahs (Oxford University Press, 2009). al among his fellow hawks. His aim was cies of anti-Communist economic warfare O JAY, CAN YOU SEE? And does he ever see in his acclaimed collection — you will, too!
ou simply must have this popular and praised collection from National Review senior editor Jay Nordlinger: Here, There & Everywhere. This handsome 528-page hardcover is a must for your library, and makes a wonderful gift. Here’s what Ysome leading lights have to say about Jay, his remarkable talents, and this long-awaited, wonderful array of essays, reports, speeches, and ruminations:
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