2011_08_25postal_cover61404-postal.qxd 8/9/2011 8:15 PM Page 1 August 29, 2011 49145 $4.99 The “tolerant” assault on free speech $4.99 M A R K S T E Y N 35 0 74820 08155 6 www.nationalreview.com base_milliken-mar 22.qxd 8/8/2011 2:02 PM Page 1 toc_QXP-1127940144.qxp 8/10/2011 2:06 PM Page 2 Contents AUGUST 29, 2011 | VOLUME LXIII, NO. 16 | www.nationalreview.com COVER STORY Page 23 Ramesh Ponnuru on the Tea Party p. 16 Gagging Us Softly When it comes to free expression, Britain, BOOKS, ARTS Canada, Australia, and Europe are ever & MANNERS less lands of laws and instead lands of 39 ISN’T IT ROMANTIC? men—and women, straights and gays, Allen C. Guelzo reviews The Romantic Revolution: Muslims and infidels—whose rights A History, by Tim Blanning. before the law vary 40 WAS BURKE A BURKEAN according to which CONSERVATIVE? Daniel Foster reviews Edmund combination of these Burke for Our Time: Moral various identity groups Imagination, Meaning, and Politics, by William F. Byrne. they belong to. Mark Steyn 43 SOMETHING TO FEAR Ronald Radosh reviews The Fear COVER: SWIM INK 2, LLC/CORBIS Within: Spies, Commies, and American Democracy on Trial, ARTICLES by Scott Martelle. 16 A TEA-INFUSED PARTY by Ramesh Ponnuru 44 FAILURE OF DESIGN Of conservative populism, past and future. Arthur Herman reviews Car Guys vs. Bean Counters: The 18 THE ROADMAP BACK TO AAA by Kevin D. Williamson Battle for the Soul of American Medicare and Medicaid cuts are not optional. Business, by Bob Lutz. 19 MAKING BELIEVE by Daniel Pipes 46 FILM: ROADS NOT TAKEN Our terrorism non-policy. Ross Douthat reviews Another Earth. 21 LONDON AFLAME by Jonathan Foreman 47 THE STRAGGLER: What happens when you let teenagers run your country. A GLIMPSE OF HELL John Derbyshire is surrounded by outlets. FEATURES 23 GAGGING US SOFTLY by Mark Steyn SECTIONS Have we no sensitivity for those who would be free? 2 Letters to the Editor 29 NOT A RACE CARD by Hans A. von Spakovsky 4 The Week Photo IDs are necessary to the integrity of our elections. 36 The Bent Pin . Florence King 37 Athwart . James Lileks 33 BUILD, HOLD, AND CLEAR by Michael Auslin 38 The Long View . Rob Long An American strategy for Asia. 40 Poetry . Richard E. Trennert 48 Happy Warrior . Mark Steyn NAtIONAl RevIeW (ISSN: 0028-0038) is published bi-weekly, except for the first issue in January, by NAtIONAl RevIeW, Inc., at 215 lexington Avenue, New York, N.Y. 10016. Periodicals postage paid at New York, N.Y., and additional mailing offices. © National Review, Inc., 2011. Address all editorial mail, manuscripts, letters to the editor, etc., to editorial Dept., NAtIONAl RevIeW, 215 lexington Avenue, New York, N.Y. 10016. 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Opinions expressed in signed articles do not necessarily represent the views of the editors. letters--ready_QXP-1127940387.qxp 8/10/2011 2:07 PM Page 2 Letters Lochner in Rehab AUGUST 29 ISSUE; PRINTED AUGUST 11 Reading Joseph Tartakovsky’s review of David Bernstein’s Rehabilitating Lochner (“Rights EDITOR Richard Lowry Revisited,” July 4), I got the sense that both gen- tlemen embrace the proposition that the 1905 Senior Editors Richard Brookhiser / Jay Nordlinger Lochner decision was “a defensible application Ramesh Ponnuru / David Pryce-Jones of a long-standing natural-rights tradition of Managing Editor Jason Lee Steorts Literary Editor Michael Potemra individual liberty” and “that the logic of ‘liberty Executive Editor Christopher McEvoy National Correspondent John J. Miller of contract’ is really the logic of unenumerated Political Reporter Robert Costa rights . whose existence we deduce from prop- Art Director Luba Kolomytseva Deputy Managing Editors er understandings of liberty.” Fred Schwarz / Kevin D. Williamson First of all, the Lochner decision—in which Associate Editors Helen Rittelmeyer / Robert VerBruggen the Supreme Court struck down a state law lim- Research Director Katherine Connell iting how many hours bakery employees might Executive Secretary Frances Bronson Assistant to the Editor Christeleny Frangos work, and held “liberty of contract” to be a Contributing Editors Fourteenth Amendment right—has been justly Robert H. Bork / John Derbyshire Ross Douthat / Rod Dreher / David Frum criticized because the justices “deduced” an erroneous understanding of the Roman Genn / Jim Geraghty / Jonah Goldberg word “liberty” as used in the due-process clause of the Fourteenth Amendment. Florence King / Lawrence Kudlow / Mark R. Levin Yuval Levin / Rob Long / Jim Manzi Liberty in the due-process clause had a defined meaning for the amendment’s Andrew C. McCarthy / Kate O’Beirne framers. It was passed down from Locke, Blackstone, and the founders, and was David B. Rivkin Jr. correctly cited by Justice John Harlan in Plessy v. Ferguson: NATIONAL REVIEW ONLINE Editor-at-Large Kathryn Jean Lopez Managing Editor Edward John Craig “Personal liberty,” it has been well said, “consists in the power of locomotion, of News Editor Daniel Foster Editorial Associates changing situation, or removing one’s person to whatsoever places one’s own Brian Stewart / Katrina Trinko inclination may direct without imprisonment or restraint unless by due course of Web Developer Gareth du Plooy Technical Services Russell Jenkins law.” EDITORS- AT- L A RG E Linda Bridges / John O’Sullivan As to the matter of “natural rights,” it is disheartening to read a favorable Contributors review in your magazine of a book that promotes that concept as an acceptable Hadley Arkes / Baloo / Tom Bethell James Bowman / Priscilla L. Buckley consideration for the Supreme Court. I would think that conservatives would be Eliot A. Cohen / Brian Crozier more likely to align themselves with an observation by Justice John McLean: “It Dinesh D’Souza / M. Stanton Evans Chester E. Finn Jr. / Neal B. Freeman is for the people . in making constitutions and in the enactment of laws, to James Gardner / David Gelernter consider the laws of nature. This is a field which judges cannot explore. George Gilder / Jeffrey Hart Kevin A. Hassett / Charles R. Kesler They look to the law and to the law only.” David Klinghoffer / Anthony Lejeune D. Keith Mano / Michael Novak Alan Reynolds / Tracy Lee Simmons James W. Cotter Terry Teachout / Taki Theodoracopulos Vin Weber Via e-mail Chief Financial Officer James X. Kilbridge Accounting Manager Galina Veygman JoSePH TARTAkovSky RePLIeS: I thank Mr. Cotter for his letter, but I would Accountant Zofia Baraniak Business Services observe, first, that Justice Harlan, cited by Mr. Cotter for his “correct” under- Alex Batey / Elena Reut / Amy Tyler standing of the word “liberty,” wrote a dissent in Lochner in which he agreed Circulation Manager Jason Ng WORLD WIDE WEB www.nationalreview.com that “liberty of contract” existed—he just felt it hadn’t been violated in this par- MAIN NUMBER 212-679-7330 SUBSCRIPTION INQUIRIES 386-246-0118 ticular case. Second, the sentence quoted from Harlan’s Plessy opinion is really WASHINGTON OFFICE 202-543-9226 a quote from William Blackstone, who, in his next sentence, told us that “per- ADVERTISING SALES 212-679-7330 Executive Publisher Scott F. Budd sonal liberty” was a “right strictly natural.” Natural law, contrary to Mr. Cotter’s Advertising Director Jim Fowler suggestion, does not merely shift control from the legislature to the courts— Advertising Manager Kevin Longstreet ASSOCIATE PUBLISHER Paul Olivett that’s a positivism of a different kind. Rather, it requires that judges enforce the will of the people, as expressed in the Constitution, always. But when difficult PUBLISHER Jack Fowler questions arise—what, concretely, does that immortal document say about CHAIRMANEMERITUS police searches through walls using heat-imaging technology?—natural law is Thomas L. Rhodes a wise and often unavoidable way to discern their intent. FOUNDER William F. Buckley Jr. Letters may be sub mitted by e-mail to [email protected]. 2 | www.nationalreview.com AUGUST 2 9 , 2 0 1 1 base_milliken-mar 22.qxd 8/8/2011 12:53 PM Page 1 Start Your Engines American Entrepreneur Sells off Silver Fortune have a friend in the Midwest who lives life in the fast lane. Every time I talk to Ihim he tells me of some new adven- ture. He’s got great taste to boot. He has a particular passion for fast cars… really fast cars. More often than not he’ll call me while he rockets toward his ranch in his newest supercar. When he’s not driving himself, he’s checking in on the drivers from the Indy race team he used to own. I knew about his need for speed, but when he told me about his spectacular vintage Morgan Dollar collection, I Actual size was dumbfounded. is 38.1 mm A ‘few bags’ become thirty! To call my friend a coin collector is an amazing story. And now you can understatement. When he said he had a share in that history.