Columns on this page:
1.
DAVID ROCKEFELLER (1/1/03)
2.
FOOTBALL CIRCUS, 1/6/03
3.
BANNING GOD 3/10/03
4.
GULF WAR II 4/4/03
5.
TRIPLE CROWN
6.
INDEPENDENCE DAY
7.
JUSTICE NOMINATING PROCESS
8.
OUR GLOBALIST JUSTICES (8/8/03)
9.
REIN IN THE SUPREME COURT (10/6/03)
10.
THE PLEDGE (10/22/03)
11.
A NEW POPE (10/29/03)
12.
UNDERMINING SOVEREIGNTY (12/6/03)
DAVID
ROCKEFELLER (1/1/03)
HIS MEMOIR REVELATIONS
An Essay
By Richard C. Sizemore
David Rockefeller, who has done as much as any member
of the banker-corporate, fraternity elite class to undermine the
sovereignty of the United States by promoting international organizations
and one-world government, not only has confirmed his role, but
boasted about it.
In his Memoirs, the 88-year-old retired banker and scion of the
oil-monopolist John D. Rockefeller clan, wrote:
For more than a century ideological extremists at either end
of the political spectrum (that’s
you and me if we disagree) have seized upon well-publicized incidents…to
attack the
Rockefeller family for the inordinate influence they claim we
wield over American political
and economic institutions. Some even believe we are part of a
secret cabal working against the
best interests of the United States, characterizing my family
and me as ‘’internationalists’’ and
of conspiring with others around the world to build a more integrated
global political and
economic structure—one world, if you will. If that’s
the charge, I stand guilty, and I am proud
of it.
Proud to be a part of a secret cabal and conspiring for one world
government? Rockefeller can’t make the charges from several
writers and historians and his admission to them any plainer.
He also offers proof throughout his nearly 500-page book about
his inside government contacts such as Henry Kissinger, Zbigniew
Brzezinski and George Kennan, not to mention his brother, Nelson,
and the presidents he has known on a first name basis, and others.
In effect, Rockefeller is telling us that what’s good for
J. P. Morgan Chase Bank is good for the country. We heard that
back in the 50s from (Engine) Charlie Wilson about General Motors.
At this writing Chase is facing charges by Senate investigators
that it knowingly helped Enron deceive the investing public –
a practice, if proved true, that’s not so good for the country.
Rockefeller has been a member of the Council on Foreign Relations
(CFR) since 1949 and became chairman in 1970; he founded the Trilateral
Commission which held its first meeting in Tokyo in 1973, and
he has been a member of the Bilderbergs since its first meeting
in The Netherlands in 1954. All of these organizations represent
the world’s elite under different formats and overlap in
membership and goals. Peons need not apply because they have no
say in the direction these elites with power and money want the
world to go and its resources to be used. (For more on these groups
click on ‘’Terms and Organizations’’ on
the home page.
He also has been involved in the formation of other organizations
to advance Chase’s foreign interests and to persuade government
officials in the formation of foreign policy.
He has always maintained that these organizations are no more
than forums for discussion, and uses terms like ‘’extremists’’
and ‘’radicals’’ for those who oppose
them That tired old label, ‘’isolationist’’
also is invoked as it has been since the bankers used it as blame
for the great depression which they caused, via monetary policy.
If one supports the Constitution, sovereignty and non-intervention
in foreign entanglements as the founding fathers did, then he’s
either a protectionist or isolationist, according to the elite
one-worlders like Rockefeller who want to not only run the globe
but own its resources.
Rockefeller emphasizes that the organizations mentioned, and
especially the Council on Foreign Relations (CFR), have no agenda
or take no position. But he fails to adequately answer why CFR
is so hell-bent on infiltrating the government, banks, corporations
and the media. In fact, he noted competition from research institutions,
university faculties and think tanks in the 70s and necessitated
the reorganization of the Council if it was to remain ‘’relevant.’’
Well, if these other institutions were available to supply additional
government research, if needed, why the concern about the relevancy
of the Council which would have been redundant?
The section, Terms and Organizations, on the home page supplies
ample background on the organizations mentioned, and there is
no need to go into defining them again. But to emphasize the Council’s
influence, consider this:
Presidents Eisenhower, Nixon, Ford, Carter, Bush I and Clinton
were all in the tent plus the CFR had support from presidents
as far back as Wilson and FDR. Every secretary of state with the
possible exception of James, Bernard Baruch’s man, were
CFR members. So were most defense secretaries including Caspar
Weinberger whose Iran Contra conviction was pardoned by CFR member
George Bush I.
In taking exception to criticism of the Rockefellers, David wrote
the Russians were convinced that he and his brothers were a cabal,
pulling strings behind the scenes to shape U.S. foreign policy.
From the lobbying of David and Nelson they had reason for this
belief. Here what long-time Soviet Ambassador Anatoly Dobrynin
had to say about the Rockefellers after a dinner given by David
to promote Brzezinski during the Ford-Carter presidential campaign:
I came away with a strong impression of the Rockefellers: they
were running a virtually
no-risk political game. Irrespective of which candidate (Ford
or Carter) won, they would
be able to have their views known to him (the president) through
the people they supplied.
Nelson Rockefeller, the (Ford’s) vice president , was well
known as (Henry) Kissinger’s
patron, and here was his brother David, the famous banker, sponsoring
Brzezinski for a
high position in the Carter Administration.
Brzezinski, of course, became Carter’s national security
adviser. Nelson, in a separate meeting with Dobrynin, said ‘’…
Moscow could rest assured that he would support President Ford
and his old friend Henry Kissinger in developing relations with
the Soviet Union.’’
In his Memoirs, David laments being accused of trying to take
control of Carter’s foreign policy for bringing the former
president into the Trilateral Commission and having him indoctrinated
in foreign policy by Brzezinski and other Council members. Now,
how could anyone accuse David of such a deed?
Rockefeller mentions several instances where he relied on insider
Kissinger to make his foreign policy position known or for help
in formulating policy both for the interests of Chase or for Rockefeller
projects, especially in South America. A few examples included
China, Vietnam, South America and Chili. In regard to Chili he
was concerned with the tactics of Marxist Salvador Allende who
he says flatly ‘’committed suicide.’’
He doesn’t leave open the possibility Allende was eliminated
by the CIA or assassinated by his own countrymen as often alleged
in the media.
Rockefeller cites instances from Vietnam to Arab oil embargoes
in the Middle East to Latin America and practically the entire
globe where he has relied on U.S. government backing and tried
to influence foreign policy.
One area in particular that is interesting is where he appears
to be contradicting statements he has made previously about membership
in the CFR and TC and government service. He has stated that members
resign from these organizations when they enter government. But
now he tells us by citing an example that this is not necessarily
so.
It involves an article concerning policy toward the Soviet Union
and written for a TC publication by George Kennan after World
War II. It outlined the doctrine of containment which ‘’became
the defining document of U. S. cold war policy,’’
wrote Rockefeller. He said it was written ‘’anonymously
‘’ because Kennan ‘’was serving in the
State Department at the time.’’ Guess George forgot
to check his TC membership card.
Remember, according to Rockefeller, The CFR and TC absolutely,
positively, unequivocally, takes no positions on issues. Yea,
right. The latest no-position is a paper outlining what the U.S.
should do after it defeats Iraq and gets a regime change.
It seems the more David tries to defend the Rockefeller clan
against the charges leveled against it, the more he digs himself
into a hole. He seems to have confirmed more than he has credibly
defended. But it’s an interesting book, and he is the first
Rockefeller to take on the task of chronicling the family’s
history.
He gives some interesting insight of the family and the in-fighting
over wealth and prestige of the five Rockefeller brothers. He
also reveals interesting information about his real estate, art
and investing activities in New York City, including the Chase
Bank building and the history of Rockefeller Center. He was instrumental
in rejuvenating Wall Street and lower Manhattan.
OMISSIONS
The book omits some interesting information that Rockefeller
is probably privy too such as his maternal grandfather’s
involvement in the founding of the Federal Reserve Bank, which
unconstitutionally placed the nation’s money and credit
into the hands of private bankers. Sen. Nelson Aldrich, who headed
the Senate Banking Committee and for whom Nelson Rockefeller is
named, was a leader in the secret meeting at Jekyll Island, Ga.,
in 1910 with a group of New York bankers who wrote the outline
of the legislation that established the central bank.
Except for a brief reference to Aldrich and the fact he was involved,
Rockefeller skips the subject entirely. Aldrich has been accused
by researchers of the subject to have been a front for the Rockefellers
and to represent their interests in forming the central bank.
It also would have been nice if he had told us how much stock
the Rockefellers, or at least J.P. Morgan Chase, now own in the
Federal Reserve Bank of New York, which controls the Fed.
NELSON’S AMBITION
David goes into his brother Nelson’s political ambitions
and especially his obsession for wanting to be president. He sheds
little light on the inside story or the alleged Rockefeller involvement
in deposing Richard Nixon. Gary Allen in The Rockefeller File
charges that an inside Rockefeller team was responsible for Nixon’s
ouster. They included, Allen writes, Alexander Haig, Henry Kissinger,
and Alexander Butterfield who blurted out about the Nixon tapes,
even though he wasn’t asked about them. Here’s what
Allen wrote:
Are we suggesting there was a deal made for Nixon to appoint
Ford, get pardoned by the new
President and then have Ford select Nelson Rockefeller as Vice
president? That is exactly what
we are saying,’’ Allen emphasized. He claims the Rockefeller’s
realized Nelson could never be
elected and plotted other means to get him in the White House.
It is strange that Spiro Agnew was ousted on old charges that
everybody in the political circle knew about; that Nixon was fingered
by insiders, and that Nelson got in by appointment from an un-elected
president after Nixon had refused to make him vice preaisent.
Allen also recalls that two women tried to shoot Ford and that
he was involved in an auto wreck. If anything had happened to
Ford, of course, Nelson Rockefeller would have finally attained
his dream of becoming president.
David makes everything pertaining to Nelson’s political
career sound above board and thinks he should have sought the
GOP nomination. He also thinks he may have won, but few shared
that view at the time including Nelson himself.
David mentions he could have become at different times either
Secretary of the Treasury or Chairman of the Federal Reserve Board.
Had he accepted the latter position, it would have been the first
time since Eugene Meyer, father of the late Katherine Graham,
resigned as Fed chairman in 1933 that a member of the international
banking families had sat on the Board. Instead, they have chosen
to work from behind the scenes.
Even Rockefeller admits he suggested Paul Volcker, former chairman
of the Federal Reserve Bank of New York, with ties to the New
York banking community and Wall Street, to Jimmy Carter for chairman
of the Federal Reserve. Volcker who later headed the Trilateal
Commission, didn’t let the bankers down, claims Eustace
Mullins in the Secretes of the Federal Reserve.’’
All in all the David Rockefeller – Memoirs put together
by a paid staff over a decade is well written, sheds some light,
omits a lot and obscures in some areas. David Rockefeller sounds
like a nice man. After reading his book one wants to believe he
means well and that he kept the high moral values he claims his
parents instilled in him. And he probably did, according to his
thinking. He just believes the elite ought to own and rule the
world and that the sovereignty of the United States and other
nations is passe in an integrated world. After all, old John D.
thought competition was a sin even though he was a devout Baptist.
He calls himself ‘’ambassador without portfolio,’’
but he appears to have had more credentials and clout than legitimately
appointed ambassadors.
Top
FOOTBALL
CIRCUS, 1/6/03
An
Essay
By Richard C. Sizemore
What is this, football
or a circus? The clowns, promoters, marketers and television
programmers have finally reduced football to a game just about
as boring and time-consuming to watch as baseball.
It now takes more than three hours to watch a
one-hour game of intermittent action. It takes a lot of patience
to withstand the know-it-all analysts, the ridiculous beer ads,
play challenges, yelling announcers, sideline comments of girls
and retired players, timeouts by teams and refs, play reviews,
and other distractions mostly unrelated to football.
The late Roone Arledge, who gave us the late Howard
Cosell and who should have been horse whipped instead of praised
for the deed, is largely responsible for the state of the game
as it has emerged on television.
For those who still like the game, however, I
have some tips on how to watch it -- a run-of-the-mill game,
that is. For a game one has extra interest in because of a good
match-up or inordinate loyalty to the home team, for example,
then one will just have to bear the assault that the programmers
will thrust upon you.
You’ve heard of background music to read,
make love or go to sleep or whatever by. Now, we have football
as background for whatever else amuses you because there is
not enough action to keep you from being bored.
Here’s how I suggest you defense yourself
against the circus assault the promoters and lime-light seekers
thrust at you:
Get a good book that holds your interest but not
one that’s too heavy, because you may have to look up
and loose your concentration in the middle of a passage. In
lieu of a book, a crossword puzzle might do it, but don’t
bring any documents from work because that takes the fun out
of it. After all this is supposed to be recreation time.
Turn the sound down after you learn which color
the teams are wearing so that you may distinguish them. Now,
sit back in your easy chair and enjoy the book and keep up with
the game. You can turn it up toward the end if it’s close,
otherwise don’t bother. If you don’t watch it this
way, here’s what you’re liable to be subjected to:
Kickoff. Flag for block in the back by receiving
team. Commercial while the teams are lining and teeing up for
new kickoff. Wind blows ball off of tee. Butterfingered holder
can’t seem to set it right. Kicker walks up and places
the ball at the angle he wants it. Kicker returns, signals to
see if other team still ready or has gone out to lunch. Finally,
he kicks the ball out of bounds. The process is repeated, and
the ball goes to the end zone and is brought out to the 20-yard
line. Sides change. Still no action.
Good thing you brought the book. That’s
10 pages you read while all this inaction was going on.
You are bombarded by commercials but, fortunately,
you’ve got the sound down and can opt for the book. Now,
the real game begins with a hand-off up the middle that results
in a pile up. The cameras switch to a girl you would rather
see in a cheerleader’s costume but who is fully dressed
and babbling. She sticks a mike in the face of an injured, hard-breathing
and sweating player on the sidelines. He tells us all about
his injury and vows to get back in the game, and we are ready
for the second play.
MORE OF THE SAME
It’s like this all through the game. When
a good play does occur, the analysts go all out with more diagrams
and charts than Ross Perot trying to detail just what happened.
‘’The quarterback was here and dodged the oncoming
linemen, see right there, and threw the ball to the wide-out
who got by the defender.’’ The brilliant analysis
with chalk and all even extends to unrelated matters on the
sidelines as well as routine and simple plays. These retired
so-called experts -- some of whom couldn’t stand the heat
and quit or got fired for incompetence -- get a lot of money
to tell us dummies about the intricacies of these various blocking
schemes and passing patterns that we’ve all been seen
before.
The game continues with a close play on the sidelines.
Did the receiver have control of the ball? Was he out of bounds?
Did the defender push him out? Heady stuff. The announcers and
the analyst are busy with re-runs and opinions while the ref
on the field sticks his head in curtains like old-time cameramen
used to do to review the play himself. You’ve got several
more pages read during this inaction, and time for another while
the ref runs across the field to make his announcement. A lot
of zoom camera technology is going to waste while the refs run
across the field to announced their verdicts.
The time during these interruptions is taken up
with the ever-present commercials. Meantime, the gal or the
retired player on the sidelines are busy interviewing whoever
will talk to them about the play, so they will be ready with
some more expert opinion when the camera switches to them again.
Incidentally, how did Jewish girls get in the
act? Not that they don’t have as much right as girls of
other religions and backgrounds. It just seems to be an anomaly
when Jewish girls are announcing football and Jewish boys largely,
if not totally, eschew participation in the game. One doesn’t
hear, ‘’my son, the football player’’
often if at all.
We continue on like this until the end of the
quarter then the commercial guys really get serious and the
television programmers get busy promoting what’s coming
up on the network tonight and next week. They are not as bad
about this as the late Howard Cosell who used to start promoting
next week’s event before the one at hand got underway.
And if the game or the point-spread was close in the closing
minutes of the game, Cosell had no interest. He was probably
interviewing a boxer or some other celebrity, while the little
guy with a wager on the contest was sweating the outcome he
couldn’t even see.
Finally, we come to half time. With the advent
of the sideline girls, we don’t see as much of the cheerleaders
(no reference to attire) as we used to. What we get is the sideline
girls interviewing coaches who promise harder tackling and better
offensive execution in the second half. Usually, the inform
us ‘’we’ve just not getting the job done and
have to do better.‘’ We still have 30 minutes of
football. Maybe so, but it will take an hour and a half to finish
that 30 minutes.
We even have clowns in the broadcast booths now
along with the announcers and motor-mouth analysts. Of course,
we’ve had buffoons in the booths all along, but now they
have paid comedians by trade.
It doesn’t seem too far-fetched to predict
that they will probably have animal and other small circus acts
in the booths before long. Why not turn it into an Ed Sullivan
or Here’s Johnny variety show? It would only take about
a half hour extension at half time. Then, there would be something
for the whole family and not just football. After all when you
go to a race track now it’s not just for horse races.
It’s more like a Las Vegas Casino with slot machines,
poker games and before long, maybe, dancing girls.
Consider that with the announcers yelling, analysts
drawing, clowns trying to be funny, girls asking stupid questions
and not much attention being paid to where the ball is, who
has it, what down it is, and how much time is left. This information
is just not important anymore. Contrast this with baseball,
which only has an organ in the background, scratching and spitting
by players and coaches, and occasional run-ins with the umpires
as its highlight attractions.
FAN EXCITEMENT
With the boring presentations being foisted upon
football fans, it was refreshing to get a little excited about
a particular game in Cleveland on Dec. 16, 2001 against South
Carolina. The referees obviously blew an important call and
tried to cover their back sides by reviewing a decision after
another play had been executed -- by rule a no-no.
The irate Cleveland fans, whose team may have
lost the game because of the decision, expressed themselves
with a barrage of plastic beer bottles. A couple of weeks later
I even read in a Dallas paper where the staid Big-D fans vented
their emotions with a couple of beer bottles. The local paper
buried this information, and it passed with little ado.
Anyway, the Cleveland fans must have been highly
irate because they don’t usually give up their beer for
light causes. The incident led to closing the bar after the
third quarter in future games and led one football wit to suggests
tossed bottles ought to be only those bought in the same quarter
in which they are thrown. He didn’t explain why, but it
sounds like a good idea. At least the patrons wouldn’t
be able to build up an arsenal.
Do not get me wrong. I do not endorse throwing
beer bottles at football or other sports contests. But I also
do not endorse bottles of any kind being sold when paper cups
will suffice.
And when one takes into account the high prices
charged for the games, the food and beverages, plus the transportation
and parking costs, the fan is entitled to some emotional expression.
He is a captive audience to all the above inanity mentioned
that the producers of the contest throw at him. He certainly
is entitled to a level playing field and competent officiating,
and perhaps a little venting.
These are professionals he is paying to see. They
make more money in a year than the average fan may make in a
lifetime. They are fair game for being booed for a poor performance
as well as praised for a good one. College and high school games
are different. The athletes are not paid for their performances,
although I think college players should be able to share to
some extent in the loot they produce and still maintain their
amateur status.
I submit that the programmers are ruining football
just as they did boxing and the day may not be far off when
the piper will have to be paid. The game is about as boring
now as it can get. But again, I’m talking strictly about
professional football and not college where youth and enthusiasm,
bands and mascots are all part of the show and should be.
Unfortunately, the programmers are also intruding
and trying to get in the act of college contests, especially
the corporate advertisers and loud announcers and analysts.
As an example, all of the bowl names are now preceded by a corporate
name.
BOWL SELECTIONS
College football is still exciting because of
the enthusiasm and youthful energy involved in the game, but
the method of selecting bowl match-ups and deciding who ought
to be ranked where by coach and reporter polls is in bad need
of overhaul. College football has long needed a playoff scheme
similar to that of March Madness that decides who’s best
in basketball by tournament play.
It could easily be done in football and then we
wouldn’t have to guess.
The twenty-eight 2002-2003 bowl games featured
some match-ups that were ridiculous with teams having 7-7 or
7-6 that should entitle them to go no where but the practice
field. The average winning score was 15.6 and the most absurd
match was between a 7-6 team, Clemson, which lost to Texas Tech
in the Tangerine Bowl by 40 points. Thirteen favored teams lost.
All in all it was the dullest bowl season in recent
memory, although there were a few exciting games including the
Miami-Ohio State Fiestas Bowl contest. But that doesn’t
alter the fact that a major restructuring is long overdue.
Top
BANNING GOD 3/10/03
An Essay
By Richard C. Sizemore
It's time for the self-appointed guardian of
everybody's First Amendment rights according to its own agenda
to swing into action again. That would, of course, be the anti-religious
American Civil Liberties Union (ACLU), which is trying to rid
the nation of any vestige of religion in public.
The siren for action was sounded by the President
of the United States, one George W. Bush, who had the audacity
to invoke prayer and quote from the Judaeo-Christian Bible while
lamenting the loss of seven brave astronauts aboard the spaceship
Columbia.
What's more, the President did this on government
property -- the White House -- which outside of Old Glory, and
possibly the Capitol, is arguably the second most visual symbol
of the people and Government of the United States.
The President quoted the prophet Isaiah: ''Lift
your eyes and look to the heavens. Who created all these? He
(God) who brings out the starry hosts, one by one, and calls
them each by name. Because of his great power and mighty strength,
not one of them is missing.'' Bush also prayed: ''The crew of
the shuttle Columbia did not return safely to earth, yet we
can pray that all are safely home.''
That, of course, would mean life after death and
no omniscient humanist or atheist can't help but be offended
about such emanations being intoned on government property.
The President chose a quote from the Old Testament. Whether
this was done because one crew member of the Columbia was of
the Jewish faith and whether he thought a quote from the Old
Testament would be more appropriate is not known.
But had he invoked the name of Jesus Christ, he
may have rung the bell of the old ACLU even louder. For the
anti-religious nazi patrol is now involved in a dispute with
the city of Elsinore, Calif., over that very issue. In fact,
the mere threat from an ACLU member caused the City Council
to not only eliminate the invocation of Jesus Christ's name
from the traditional opening prayer but to eliminate the prayer
altogether.
According to published reports '' this brought
the threat of another suit from the nonprofit United States
Justice Foundation (USJF.), which charges the city was deceived
by the ACLU when one of their attorneys wrote a letter to the
city warning it could face legal troubles if it did not quit
using the name of Jesus Christ in its invocations. So, the city
eliminated the prayer and substituted a moment of silence instead.
According to the news reports, an attorney for
USJF told the city it had been misled by the ACLU '' into believing
that there is a solid wall of separation between you and the
public that you serve. In our considered opinion, the ACLU is
extorting you into violating the rights of your citizens.''
The California case is just the latest of dozens
of anti-religious suits the ACLU has been involved in since
it hit the mother lode of exposure by jumping to defend John
Scopes in the famous monkey trial in Dayton, Tenn. in 1925.
Scopes was convicted for teaching evolution in defiance of Tennessee
law, but the conviction was reversed on a technicality and was
never appealed. The ACLU never actually gained total victory
in the case since the law was not repealed until 58 years later
in 1967.
It did get a lot of publicity, however, when men
of national repute such as H. L. Mencken, Clarence Darrow and
William Jennings Bryan participated in the trial.
OTHER CASES
Other cases the nazi anti-religious patrol has
been involved in recently includes suits filed in several Kentucky
counties against the posting of the Ten Commandments ( see ACLU
essay on this site). It has been leading a relentless fight
for more than seven decades to remove religion, religious symbolism
and prayer from public schools and government property.
A few days after the President's White House lament,
a religious service was held for the heroic astronauts on the
grounds of the Johnson Space Center in Houston in which two
Navy Chaplains read the 23rd psalm in Hebrew and English. Another
reference from the Old Testament. That Psalm, of course, ends
''…and I will dwell in the house of the Lord for ever.''
That also means life after death that is a strong
tenet in the Judaeo-Christian religion. So, are we to expect
the ACLU, which has helped establish secularism as the national
creed, to pick up the cudgel?
It would be good if it did. Or is it too timid
to take on the President and the White House and instead bring
suits or threats all over the nation in local jurisdictions?
Why not go after the President and the White House? Then the
case of religion in public might get settled once and for all,
if the Supreme Court has backbone and common sense enough to
issue a verdict that will put the issue to rest.
So far, however, it has been unable to get the
meaning straight of a couple of clauses in the First Amendment
of the Constitution that the average truck driver could probably
get right after the first reading:
''Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof…''
Now, what's so difficult about that? What can't
the so-called learned judges understand about that? Does allowing
a creche at Christmas time, or a Menorah during Jewish religious
holidays, or the symbol of any other religion constitute ''the
establishment of religion'' by government? The amendment says
it takes a law by Congress to do that. And the second clause
clearly states that Congress cannot prohibit the free exercise
of religion. It doesn't say where and it certainly doesn't outlaw
it from government property.
The amendment also restricts the religion clauses
to Congress. But the Supreme Court has applied them to the states
in two different cases. So that got the usurping Court into
the business of regulating state-sponsored activity such as
school prayer or Bible readings and Christmas or religious symbols
on public property.
I submit that my reading of the famous religion
clauses is as logical as the Court's, even though I am no lawyer.
But critics such as Judge Robert Bork, a former Yale law professor
and victim of liberals who kept him off the Court for political
reasons, also disagree with the High Court. Bork writes the
Supreme Court ''…has adopted a rigidly secularist view of the
establishment clauses and has, ''quite unnecessarily, effectively
banished religious symbolism from our public life.'' He adds:
''The Court has, in fact, read the two religion clauses so expansively
as to bring the prohibition of the establishment of religion
into direct conflict with the guarantee of free exercise.''
But that's what you get when you have judges who
adhere to the so-called ''living Constitution'' instead of those
who stick to original intent. The document can mean anything
that the social engineers and legislators on the bench want
it to mean. Liberal vs. strict constructionist judges is why
some presidents like Bush II can't get their judicial appointments
passed the liberals in the Senate.
An example of how far out judges can get on the
issue of religion is the ruling by the 9th Circuit Court of
Appeals in San Francisco, which has refused to rehear a two-judge
ruling that the Pledge of Allegianc is unconstitutional because
it contains the words ''under God.''
Nine of the 24 judges favored a rehearing and
six judges called the ruling ''very wrong'' in their written
dissent. They said the pledge is not a religious act and ''…cannot
possibly be an 'establishment of religion' under any reasonable
interpretation of the Constitution. Judge Ferdinand F. Fernandez
wrote: ''..such phrases as 'in God We Trust,' or 'under God'
have no tendency to establish a religion in this country or
to suppress anyone's exercise, or non-exercise, of religion,
except in the fevered eye of persons who most fervently would
like to drive all tincture of religion out of the public life.''
The six judges also said the original two-judge
rule would consign ''to the chopping block'' the Gettysburg
Address, the Constitution, the Declaration of Independence,
and the fourth verse of the National Anthem. They might have
added any reference to religion and the use of government-paid
chaplains in Congress and the military. In other words all of
the strong underpinnings on which the nation was formed and
evolved.
DARWINSIM
The anti-religious organizations such as the ACLU,
People for the American Way, Americans United for the Separation
of Church and State, the American Humanist Assn. and outright
atheists all rely heavily on Darwin to support their positions.
They often do so with a false pretense of superior knowledge
and snobbery that seems to be meant to convey that believers
are either ignorant or at least intellectually inferior.
They want the Darwin theory of evolution to be
taught as fact, not theory, and they want the teaching of creationism
and other Biblical beliefs prohibited entirely. This activity
over more than half a century has resulted in humanism becoming
the national creed and religion almost driven from the public
arena.
But Darwin's theory of the origin of humans and
animals is still just a theory, and it is no more close to unequivocal
proof than religion. The theory is coming under more and more
scrutiny and criticism by accredited scientists.
Some of these scientists embrace the new ''intelligent
design theory.'' This school accepts that the earth is billions
of years old and not just thousands, which is suggested by a
literal reading of the Bible. But it also questions Darwin's
idea of natural selection to explain the complexity of the evolution
of plants and animal.
Advocates of the intelligent design theory also
include some creationists and is gaining respect since many
of its advocates have mainstream scientific credentials.
To illustrate the aggressiveness and arrogance
of the anti-religionists, a biology professor at Texas Tech
University refuses to write letters of recommendation to students
who don't believe in the human evolutionary theory. The professor
- Michael Dini - doesn't believe any one should practice in
a biology-related field without accepting what he calls ''the
most important theory in biology.''
Critic Marvin Olasky accuses Dini of ''arrogance
and ignorance'' and points out that his bookshelf is stocked
with critiques of evolution by professional scientists. He adds:
''…Prof. Dini is denying others the right to believe differently
than he does on a question that the scientific method is helpless
to answer…''
Incidentally, Dini is being sued by a group in
Plano, Tx., called the Liberty Legal Institute. All sides -
evolutionists and religionists and intelligent designers - will
be watching the case closely. One other point about Darwinism.
When it is taught as fact and creationism is not taught at all,
it tends to turn would-be believers away from religion at an
early age.
One of the arguments against Christianity in schools
is that it may harm students of other faiths and ruin them for
life. I would like for the ACLU or those of other religions
to present a victim of such teaching, rather than parents' and
lawyers' theories about it. Teaching evolution as fact without
explaining other views, however, does tend to mold the mind
of young people away from religion.
While creationists are getting support from scientists
who believe in the intelligent design theory, atheists picked
up some support recently from another scientific corner. Recent
headlines proclaimed that scientists have developed a new ''sky
map'' from satellite information giving them more insight about
the ''big bang'' theory of the origin of the universe. The new
data confirm many theories about how the universe began and
evolved, the scientists claim.
But they admit they have a long way to go before
they can even begin to confirm the ultimate question of the
origin of the universe. In other words, they don't have a clue
as to who lit the fuse that set off the big bang, if indeed
that's the way it all started. But don't expect this to throttle
the anti-religionists.
INTOLLERANCE
It has always seemed an exercise in futility to
me for one advocacy group to claim it has all the answers and
they should be taught in public schools and have freedom to
be aired in public while different beliefs should not.
I go along with the inscription on the Jefferson
Monument in Washington: ''I have sworn on the altar of God,
eternal hostility against every form of tyranny over the mind
of man.''
In other words, teach everything - evolution,
creationism, the intelligent design theory, the history of the
great religions, the thinking of the great philosophers and
other thinkers and even the poets who showed great insight into
life and the human condition. That's the purpose of education,
isn't it?
Alexander Pope's couplet sums it up: ''A little
learning is a dangerous thing; drink deep or touch not the Pierian
spring. Or as Benjamin Franklin said: ''A learned blockhead
is a greater blockhead than an ignorant one.'' In other words,
it would be better for all to wade deeper in the well of epistemology
before claiming the answer to the riddle of the origin and destiny
of man and the universe.
The fact that no one has the answer, which must
be largely based on faith is not to disparage the great people
who have given their lives in trying to find the answer. All
the great philosophers and scientists who have explored the
subject, some giving their lives to it, are due reverence. Man
most probably is just not mentally equipped to come to grips
with ultimate knowledge. That shouldn't keep him from trying.
But the bigoted, supercilious, arrogant, know-it-all
anti-religionists who try to use science and the current advancement
of knowledge to support their case need to use more tolerance
in degrading religion. They are not any closer to answering
the riddle than anyone else.
So, wipe off the smirk and quell the pretentious
fear, there are too many religions for any one to seize government
and form a theocracy. And that's the way the founding fathers,
including Jefferson and Madison, wanted it. The more the better,
including but not giving exclusivity to, secular humanism.
Top
Gulf War II 4/4/03
An Essay
By Richard C. Sizemore
Whatever the outcome of the war against Iraq,
there was positive fallout from events leading up to it. If
President Bush had called it quits right there he already would
have struck a positive blow for U.S. sovereignty and put a throttle
on the march toward one-world government.
These positive results may still be present after
the war, but whether Bush's decision was the right one or not
may depend on the final cost in lives and resources as well
as the good or ill will we will reap from Iraqi occupation.
The positive results included:
· A clear reason for returning to U.S. sovereignty and
avoidance of foreign entanglements as George Washington advised,
and recent presidents have ignored.
· Bringing out the true colors of our so-called allies
such as France and Germany, although France belatedly said it
would supply troops if Iraq used chemical weapons, and Germany
is softning its stance now that the war is apparently a military
success. France also wants a seat at the table of reconstruction
and does not want the United States and Britain to dominate.
In other words, France wants in on any gravy reconstruction
may provide. It is complaining already about not getting any
reconstruction contracts. Iran, one of the evil axis countries,
also wants a seat along with Saudi Arabia and other countries.
Saudi Arabia and Jordan have both called for a cease fire in
order to give diplomacy a chance. The United States has rejected.
Both countries have left-handely supported the U. S. war effort
and may be offering their proposals mainly to mitigate any retailation
by Arab militant groups.
· Proof that the United Nations is not a viable peace-keeping
organization and should be abolished, or at least, the U.S.
should withdraw its membership and payment of a fourth of its
bills. If the U. N. does continue, it should be more realistically
constituted. Its pretense as a peace-keeping body is a joke.
Several countries have proposed the U. N. handle reconstruction,
and the United States and Britain are leaning that way. But
initially the two countries will be in charge, according to
Secretary of State Colin Powell.
· NATO has outlived it usefulness and should have been
dissolved after the cold war instead of having been extended.
As British historian Paul Johnson put it the NATO alliance is
an ''anachronism.'' Even Henry Kissinger agrees NATO is not
functioning now and will have to be restored under a new framework,
if at all. Kissinger also thinks that France and Germany should
be left out of Iraqi reconstruction.
· Coalitions are not dependable or workable except for
some country's own agenda or interests as witnessed in the First
Gulf War.
· Pressure brought on Saddam Hussein had already exposed
his machinations for all the world to see and put a damper on
his operations. The British already claim to have uncovered
weapons of mass destruction (wmd's). U.S. troups also have found
thousands of boxes of white power, nerve agent antidote and
Arabic documents on how to engage in chemical warfare at an
industrial site near Baghdad. Other proof will probably be found
as the war progresses. The president has been criticized for
diplomacy blunders in seeking alliances and U .N. resolutions.
But these tactics leading up to he war also served to put Saddam
in checkmate. Any open aggression on his part after that would
have brought immediate world condemnation and given the world
clear cause for retaliation. That leaves open the question whether
the war will be worth the price.
But if it can be proved that Iraq aided the terrorists
in the 9/11 attack on New York then the war was not only just
but necessary at most any price.
With more than enough time to present his case before Congress
and ask for a constitutional declaration of war, Bush, like
his father, declined to do so. That decision has just about
nullified the constitutional provision for a Congressional declaration
in order for the country to go to war. Resolutions and executive
orders have replaced the declaration mandate and given presidents
ever more power to conduct war. Congress doesn't protest.
A U.S. appeals court rejected a legal bid to keep
President Bush from invading Iraq without a formal Congressional
declaration. The court held it was the wrong time for the judicial
branch to intervene since there was no conflict between the
president and Congress at the time of the suit. Whether the
suit could be brought at a different time was not clear.
There also are a couple of movements afoot to
have impeachment proceedings brought against the president on
grounds that a pre-emptive strike against Iraq constituted ''high
crimes and misdemeanors.'' Rep. John Conyers (D-Mich.) leads
one faction and Ramsey Clark, former attorney general, another.
But Conyers now seems to be distancing himself from the effort,
according to news accounts.
In view of the passing of an approval resolution and the historical
support of presidents by Congress in war-time, it is doubtful
anything will come of the impeachment efforts. Add to that the
fact that Congress appears more than willing to abdicate its
responsibilities in this area.
On another front, there have been suggestions
that the global court which has just opened for business at
The Hague may hold accountable those who proceed to war without
permission of the U. N. Security Council. That implied President
Bush and British Prime Minister Tony Blair. The United States
fiercely objected to the court, and any condemnation of Bush
and Blair would undoubtedly be strongly contested bringing more
dissent among nations.
SOVEREIGNTY
Bush has probably taken a more protective stance
for U.S. sovereignty than any president since Teddy Roosevelt
with the exception of Ronald Reagan. He abandoned the Kyoto
protocol on global warming; rejected the World Court, as mentioned;
withdrew from the Antiballistic Missile Treaty with Russia and
has not only pronounced a pre-emptive strike strategy if the
United States security is threatened but has now inaugurated
the policy.
Bush's first mistake, if he was dead certain Iraq
was a threat to the security of the United States, was inaction
and failure to use the pre-emptive strategy he endorsed before
seeking world approval. He already had not only U. N. authority
but also constitutional authority if indeed Iraq was tied to
al-Qaeda and the 9/11 terrorists. That would have been a strike
on the United States comparable to Pearl Harbor, and no approval
from anybody except Congress would have been necessary for retaliation
.
Bush, however, apparently on the advice of Former Secretary
of State James Baker (remember Bush 41's fetish for alliances),
decided to ask the United Nations for additional authority.
That opened the door for France's President Jacques Chirac to
grandstand as the leader of Europe, which he isn't; Germany's
socialists Chancellor Gerhard Schroeder to join the opposition,
and China and Russia also to object. All of the nation's mentioned
are suspect suppliers of illicit weapons to Iraq.
That's why the United States should ask for condemnation
of the illicit trading with Iraq of the nation's mentioned as
well as strict enforcement of the trade sanctions. It already
has protested to Russia for arms sales to Iraq and blames France
for the U. N. impasse. One note of caution, however, when it
comes to illicit arms trading, the boys in the U.S. diplomatic
core do not have clean hands.
In addition to trade, France and Russia are also
owed money by Iraq and had ulterior motives for opposing an
invasion that might jeopardize the debt payments. France and
China and some other countries might also be embarrassed by
the labels on some of Iraq's WMD's.
Bush could have avoided the international debating
society and the threat of vetoes by nations selling to Iraq
by laying his case before Congress and asking for a declaration
of war - in other words acting the constitutional way. He should
have struck before going back to the U. N. But, as stated, some
good has come of it. Hopefully it will restore our sovereignty
and squelch the move toward a one-world government.
If it can be proved that Iraq aided the 9/11 terrorists,
and it probably can, then Bush took the right action even if
belatedly and even with some possible diplomatic fumbling. In
that event he is on firm ground.
In his book, The Clash of Civilizations published
in 1996, former Harvard professor Samuel P. Huntington divided
the world at that time into nine different civilizations Western,
Latin American, African, Islamic, Sinic, Hindu, Orthodox, Buddhist
and Japanese. He correctly predicted that the West's next confrontation
would be with the Muslin world He also concluded that it was
the West against the rest. The West consisted of the United
States, Canada, Europe, including Great Britain, the Scandinavian
countries, Australia, New Zealand and some others on the fringe.
Well, the West isn't the West now as it was 10
years ago with France not to be trusted in any alliance and
Germany wavering. It may come down to us and the countries named
without France and Germany against the rest. The post-Iraqi
world will not look the same.
The United Nations and present alliances will
look different. If the U. N. is to continue, it certainly should
be reorganized both as to membership groups and it power structure.
Some pundits are already suggesting that France's permanent
membership be replaced by India, the world's most populous democracy,
or even Japan or possibly Indonesia or Brazil.
Even top officials of the World Trade Organization are concerned
that the Bush pull-back to sovereignty and a go-it-alone policy
might change the international trade picture. That would be
another plus for the United States, especially if it would curtail
the shipment of our technology to conniving nations and make
U.S. trade less lop-sided.
English historian Paul Johnson thinks the United
States should stop rewarding its hating ''allies'' with economic
aid for use of their bases and instead take to the seas. The
oceans, he points out, ''offer a home and a friendly environment
to its forces and do not change with the treacherous winds of
opinion.'' Johnson also thinks ''America should always have
the means to act alone..'' ''The National Security Strategy
for the United States'' sent to Congress earlier this year establishes
right.
THE UNSOLVABLE PROBLEM
Even after the ouster of Hussein, the problem
of peace with Islam will not have been solved. There remains
the militant terrorist groups and their hatred of the United
States that will probably grow with our renewed presence on
what they consider Islamic soil. Then there's the Israeli-Palestinian
problem that has been with us since the United States under
the leadership of President Harry Truman became the first nation
to recognize the new State of Israel in 1948.
Although the Iraqi and the Israeli-Palestinian
problems may not be directly related, they are related to overall
peace in the Middle East. Saudi Arabian Foreign Minister Saud
al-Faisal already has claimed the war threatens to spread hatred
between the Arab world and the West. Mohammed Khatami, Iran's
so-called reformist president, issued a similar warning.
U.S. so-called foreign policy experts and pseudo-diplomats have
been compounding foreign policy mistakes in the Middle East
for more than 50 years and still are not close to a solution
of the problem. Maybe it is not solvable until Israel voluntarily
opts to vacate Palestine. But that has as much chance of happening
as Yasser Arafat converting to Judiasm. And since the United
States has vowed not to let Israel be destroyed, the thickened
plot continues.
With Islam led by clerics who condone or even
advocate the actions of the radicals, a solution is all the
more difficult. The radicals hate the United States second to
Israel, and our presence on their soil and influence on their
culture is cause for igniting even more hatred. They recognize
the long-term bias of the U.S. foreign policy toward Israel
in its Middle East policy.
Trying to work out a solution on the basis of
the Oslo Accords for about a decade has proved an exercise in
futility. The United States and Israel have finally realized
they cannot deal with Yasser Arafat as a leader of the Palestinians.
As Yossef Bodansky pointed out in The High Cost of Peace'' ''Washington's
Middle East policy (has) America vulnerable to terrorism.''
Bodansky, director of the Congressional Task Force
on Terrorism and Unconventional Warfare, claims that Arafat
and other Arab leaders secretly conspire with terrorists for
their ultimate goal: ''The complete annihilation of the Israeli
State.''
Palestine now has a new prime minister -- Mahmoud
Abbas -- a so-called moderate, but Arafat retains control of
security forces and has a final say on peace negotiations. This
doesn't appear to meet President Bush's proviso for a Palestinian
prime minister with ''real authority.''
Bush's new Israeli-Palestinian plan - the ''road
map'' for Mideast peace - will be pursued once the Iraqi conflict
is settled. It calls for a truce between Israel and Palestine
and creation of an independent Palestinian state by 2005 --
a policy very similar to the Oslo Accords.
The Arabs may concede in negotiations long enough to get their
Palestinian state. But as Bodansky points out, their goal is
Israel's ultimate extinction. That apparently means that the
Israeli presence is non-negotiable with the militant Arabs.
Total victory and reconstruction success in Iraq
doesn't spell settlement of the long-term problem in the Middle
East. It may take some time to tell if the Second Gulf War helped
alleviate or exacerbated the problem.
Top
TRIPLE
CROWN
An Essay
By Richard C. Sizemore
Even before the major prep races for the Kentucky
Derby were run, not to mention the Derby itself, news about
thoroughbred racing was focused on the Triple Crown. There were
446 nominees for the Triple Crown (TC), and, since the Derby
is the first leg of the so-called crown jewel, there also were
a like number nominated for it.
But that appears to be secondary to the big news,
and the Derby is apparently reduced to just another race as
one-third of an entity. All the headlines are about the road
to the Triple Crown. The Derby is just another race.
Horses need not run in the Derby to rest up for entry in the
other two Triple Crown (TC) races, if their owners want to pay
the supplemental price. In that event, of course, they can't
win the TC but can crash to the party.
And that brings to mind one of the most hilarious
stories in the folklore of horse racing, which, in my opinion,
is analogous to the fresh horses who enter the Preakness and
Belmont.
It involved the winning aspirations of a jockey
with an overactive imagination about how to succeed in wrong-doing
at the Fair Grounds in New Orleans. It was a foggy day in the
Crescent City and perfect for the jockey's scheme, so he thought.
He positioned his mount at the top of the stretch run to wait
for the rest of the horses to come round. When they did, he
entered the race and won.
But, alas, poor ambitious and cunning soul, he
forgot to take modern technology into account and was caught
in his misdeed. You can imagine the rest of the story.
The second place finish of the second leg of the
much touted Triple Crown in 2002, the Preakness, was won by
a home course horse, Magic Weisner, who had skipped the Kentucky
Derby. Thus he had evaded the rigors of prepping for the Derby
and competing with the best three year olds in the country before
entering the Preakness well rested.
Magic Weisner denied Wayne Lucas' Proud Citizen,
a horse that had faced all the obstacles, second place money
and probably would have caught War Emblem, the winner, had the
race been longer. He petered out, however, in the Belmont three
weeks later and wound up fourth, which was clear proof that
he was not a TC prospect in the first place and shouldn't have
been in the Preakness after not running in the Derby.
The point is he almost upset War Emblem's TC chances,
which that horse did for himself three weeks later while coming
out of the gate. But at least War Emblem paid the price for
a shot at the prize.
In the Belmont another well rested horse, Sarava,
won the race in 2002 after War Emblem stumbled at the start
and may have won it anyway. Never mind that he never entered
the Derby because of a shortage of qualifying earnings. The
fact is he was able to skip the wear and tear of other Triple
Crown contenders who had suffered the strains of the Derby and
Preakness and other preps leading up to the Belmont.
IS THE TC OVERRATED?
This leads to my contention that the Triple Crown
is overrated, both from a historical and current perspective
- the former because it has no historical significance, and
the latter because of present rules that don't restrict entries
to the three races. To paraphrase the great bard, there is too
much ado about an over-hyped event.
I'm not talking about the individual races but
about the Triple Crown hoopla. After all Man O' War didn't even
enter the Derby, and there are those who think that Risen Star
may have been a TC winner if he had had different connections.
Native Dancer was clearly the best three year old in 1953, although
a bad trip cost him the Derby and no TC. Burgoo King and Bold
Venture also skipped the Belmont after winning the Derby and
Preakness.
Does that signify that the 11 horses who have
won the Triple Crown since Sir Barton did it first in 1919 are
not necessarily the best in the 84 years since that time? Not
necessarily, but it suggests that others, and perhaps at least
11 more, might have accomplished the feat under different circumstances.
The three races, of course, have not always been
recognized as a series. The phrase, ''Triple Crown,'' was coined
by Daily Racing Form's Charles Hatton in 1930, the year Gallant
Fox won the event, according to Scott Gilman, Webmaster of Derby
Post.Com. Later, money was added as a promotional lure and a
prize for the three-race event.
By my count, which is probably inaccurate but
close enough to make my point, 94 Belmont winners didn't run
in the Preakness and 98 Preakness winners didn't run in the
Belmont for whatever reason. So, there is no Triple Crown tradidition
there.
If there has to be a series, why not extend it
to the Travers when the horses that have had time to mend and
mature and hook up after a summer's rest? Then we would have
the Quadruple Crown. Or, take it on to the Breeders' Cup and
we'd have a Pentathlon Crown.
If the three races are to be run as a series as
they are now, then isn't it logical that the series should be
closed only to horses that run in all three contests?
As it now stands, horses can get into the last
two races of the TC if the supplemental fee is paid. But this
is not fair to the horses who have run in all the races and
have undergone the strenuous training it takes to run those
races, as well as the preps leading up to them in order to obtain
the necessary earnings to qualify. To skip or ignore the process
by simply paying the supplemental fee does not level the playing
field.
If the Derby qualifications were changed to place
less emphasis on earnings, it might negate some of the pressure
to enter the preps, rather than training and aiming for the
big race, the Kentucky Derby.
Those old guys that originated the Derby and finally
honed it to three year olds that could go a mile and a quarter
the first Saturday in May knew what they were doing. That was
the original main qualification. But the preps leading up to
the Derby now offer such huge purses that they are becoming
main attractions in themselves. I'm talking about such graded
races as the San Anita and Florida Derbies, the Bluegrass Stakes,
the Wood Memorial, the Lexington Stakes and the Arkansas and
Louisiana Derbies.
Some trainers like Wayne Lucas have complained
the Derby is too long and would like to see it shortened. Breeders
are placing more emphasis on speed for shorter races rather
than endurance for longer races, and even more emphasis is placed
on getting horses to the breeding shed than racing them.
Consider the quick exit from the track of Spain
in 2002. She raced two times pregnant and was retired by her
owners to be a brood mare at the peak of her racing career.
Even minor or faked injuries after a big win often sends horses
to the shed. In other words, they are not placing the proper
emphasis on racing but going for the top bucks in breeding.
It's supposed to be the sport of kings, isn't it? .
SARAVA, FOR EXAMPLE
Sarava is a good example of a horse that crashed
the big party. The 70-1 shot not only had never won a stakes
race he never even had entered one going into the Belmont, and
the only horse in the Belmont he had ever run against was Wiseman's
Ferry, certainly not Triple Crown threat. Sarava had never run
at a mile and an eighth much less a mile and a half. His top
Byer speed rating of 99 compared with 107 for Medaglia d'Oro,
who came in second, and 114 for War Emblem.
The big name pundits in racing were just as stunned
as the rail birds in not picking him, and they were justified.
There wasn't anything to indicate the horse could top the others
in the race. Andy Byer, the speed worshiper, was more philosophical
in his Belmont analysis before the race than he was helpful
to any of his followers. So were others who were assessing War
Emblem's chances to win the big prize.
Poor Andy. He missed War Emblem who had the speed
ratings in the Derby and Preakness and then came up short in
the Belmont when he half-heartedly got on him. And that reminds
me of a wit's saying about ''there are lies, damn lies and statistics.''
I still say class is the name of the game. The speed ratings,
while useful, are too hard to come by with the different track
conditions geographically, the changing local conditions, the
weather, the different distances, the competition in the race.
A horse does not have to run at top speed in all
races to win. So, how can we tell why he got a 109 rating in
one race and a 101 in another? Keep working on it, Andy, and
others. Like philosophers who have never come up with the answer
to the riddle of life, I still have to admire them for devoting
their lives to the task.
But back to the Triple Crown and the races that
comprise it. I sometimes see promotions or hear arguments by
ardent fans about which of the three races is the oldest. It's
really not a valid argument for several reasons, although on
a consistent basis - that is from the same location and time
- I guess the winner would be the Belmont and the Derby in that
order, although the Preakness was actually run in Baltimore
two years before the Derby and six years after the first equivalent
of the Belmont Stakes.
But the Preakness never settled on its current
date of two weeks after the Derby until the 1930s, according
to Thoroughbred Times. The race was shifted to New York in 1890
and was run off and on there for several years before returning
to Maryland. The distances also has been changed from 1-1/2
miles originally to 1-1/8 miles and to the present 1-3/16 miles
in 1925, according to the Times.
OLDEST STAKES
Saratoga Springs is the oldest existing race track
in America and the Travers the oldest stakes race (1864) named
for W. R. Travers who was instrumental in getting the track
started, although the financing is said to have come from John
Morrissey, a gambler and prizefighter. John Hunter also was
a partner. The track began to degenerate until W. C. Whitney
took it over after a few years and upgraded it and put in on
the course it has reached through the years.
Both the Belmont and the Derby originators wanted
to pattern their race after the European models. The idea for
the Belmont came from Leonard Jerome whose daughter, Jenny,
became the mother of Winston Churchill, whose father was the
subject of some debate and sneekering. (Although this has nothing
to do with the Triple Crown, except that Leonard Jerome was
one of the earliest promoters of thoroughbred racing in America,
I can't resist throwing this in. I have always been amused by
Chruchill's reputed reply to the double-entendres about his
forebears. He said ''While I was there for the occasion (his
birth), I had nothing to do with events leading up to it.''
August Belmont, a surrogate for the banking Rothschilds
of Europe whose sons did not want to leave European luxury for
the hinterland, soon took over the track whose name was changed
from Jerome Park to Belmont. Belmont with Rothschild money behind
him was a leader of New York society and an autocrat where his
influence counted.
Merriweather Lewis Clark wanted the Kentucky Derby
patterned after England's Epsom Derby and after visiting England
established the Derby. It was first run on May 17, 1875 and
was upgraded by Col. Matt J. Winn in 1902. The Derby has been
run at 1-1/4 miles since 1895. It originally was run and a mile
and a half. The date also was fixed as the first Saturday in
May.
So, the races though somewhat different as to
time and distance and place have similar origins. All were started
not long after the Civil War. But they all have a history unto
themselves and do not need to be linked to other races. Why
detract from their tradition? Why not run the races as separate
entities.
A prize, monetary or whatever, could be awarded
for the best three year old of the year. Otherwise, why not
a promotional prize for the preps which are adding more money
to their purses all the time. How about the TC Preps? They might
include the Florida and San Anita Derbies, the Wood Memorial,
and the Blue Grass Stakes. But where does the Travers fit for
recognition? Maybe by happenstance it's the only one left to
stand as an entity of its own..
There's just too much hoopla about the Triple
Crown. The Derby should not be downgraded as just a part of
an entity. The Derby is the Derby. Let it remain that way, and
the same for the Preakness and Belmont. They don't need to be
linked. It's an insult to each race to do so.
Top
INDEPENDENCE DAY
An Essay
By Richard C. Sizemore
The two men who arguably played the most important
roles in the creation of our nation -- John Adams and Thomas Jefferson
-- believed in exuberent, all-out celebrations of the historic
day Congress approved the Declaration of Independence document
on July 4, 1776.
The American colonies actually declared independence two days
before, and John Adams originally thought that July 2 would be
the day of celebration.
In the half century of their long lives following the passage
of the historic document both Adams and Jefferson participated
annually in marking the anniversay of the achievement. But on
the 50th anniversay of the great event, they respectively declined
several invitations from various cities, including Washington,
to attend their festivities.
They were both too feeble to attend and had a date with death.
Although they had no way of knowing exactly when the end would
come, providentially or coincidentally, the date was July 4, 1826
that both men died.
As an example of how important he thought the occassion was,
Adams, in a letter to his wife, Abigail, wrote, according to his
recent biographer, David McCullough:
The second day of July 1776 (when independence was declared
but not the approval of
the actual document which was two days later) will be the most
memorable epocha in
the history of America. I am apt to believe that it will be celebrated
by succeeding gen-
erations as the great anniversary festival. It ought to be commemorated
as the Day of
Deliverance by solemn acts of devotion to God Almighty. It ought
to be solemnized
with pomp and parade, with shows, games, sports, guns, bells,
bonfires, and illumina-
tions from one end of the continent to the other from this time
forward forever more.
Just before his final illness in late June, Jefferson was invited
to attend a celebration commerating the 50th anniversay of the
Declaration on July 4, 1826. He gathered enough energy to issue
a statement, which ended, according to Joseph J. Ellis, his recent
biographer: ''...let the annual return of this day forever refresh
our recollections of these rights (expressed in the Declaration),
and an undiminished devotion to them.''
Controversy has arisen from time to time over whether Jefferson
actually wrote the document as opposing sides quote the Declaration
to support their various agendas, many ignorant of what Jefferson's
views actually were, and others willing to distort them for their
own purposes. Even Jefferson and Adams had differences about the
writing of the Declaration and what the Constitution, adopted
eleven years later, actually ment in correspondence and personal
opinions years after the fact. There is no controversey among
historians, however, that Jefferson was the author of the Declaration
of Independence.
There also is no question that he borrowed from other writers
as well as his own writings and those of John Adams. He openly
admitted this. But Jefferson's idealism as well as his writing
style are clearly evident in the Declaration, historians agree
BACKGROUND.
Here's some background on how the writing came about, some facts
which have been widely known for years and others revealed by
either McCullough or Ellis in their recent biographies, John Adams
and American Sphinx, respectively.
The movement for a separation had been ongoing for some time
throughout the colonies and especially by New Englanders led by
John Adams. It had proceeded so far that on June 7, 1776, Richard
Henry Lee of Virginia rose to state, according to McCullough,
''That these United Colonies are, and of a right ought to be free
and independent states...'' John Adams seconded the motion, and
the debate began the next day.
A vote was delayed for 20 days to give delegates from some colonies
time to send for new instructions from their states. But it was
agreed that a declaration should be prepared, and a five-man commitee
was appointed for the task. It included Jefferson, Adams, Benjamin
Franklin, Robert Livingston and Roger Sherman. Jefferson was chosen
to write the draft.
How that came about even Adams and Jefferson disagreed as they
recalled it in later years. The war was already under way, and
Adams had a full plate of committee duties including those of
conducting the war. He said Jefferson proposed that Adams write
it. But Adams declined because he said he wanted a Virginian to
write it and claimed that he, Adams, was unpopular and also said
Jefferson was a better writer.
Jefferson, according to McCollough, didn't recall this and said,
as he understood it, he was simply chosen unaminously to write
it. He also insisted that he acted alone.
But, according to Ellis, Jefferson disavowed any pretense of
philosophical originality in writing it, and quoted Madison as
saying Jefferson's goal ''...was to assert not to discover truths,
and to make them the basis of the Revolutionary Act.''
Jefferson had only recently written the Virginia Constitution
and a declaration proclaming the state's independence. While he
claimed that he had no books at hand in writting the U.S. Declaration,
he, of course, was familar with political thinkers from acients
like Cicero and Plato to English and Scottish writers such as
John Locke, David Hume, and Francis Hutcheson as well as recent
works of Adams and George Mason, his own writings and those of
others.
Jefferson wrote the document in a few days, one or two as Adams
recalled.
CONGRESS EDITS
In any event Jefferson's idealism and political philosophy radiates
thoughout the document which was edited by Congress. About a fourth
of what he wrote was cut out, and this was a sore spot with him
to his dying day. Most of the revision of his draft focused on
a long bill of indictment of George III whom he accused of a list
of crimes including the establishment of slavery in North America.
The writing of the document was not considered important at the
time with other matters more pressing facing Congress including
getting independence itself declared. As years passed both Jefferson
and Adams recognized, as Ellis points out, the symbolic significance
the Declaration had achieved and how much their places in history
depended upon their association with the creation of it.
Most delates regarded the Declaration as a ceremonial confirmation
of what had already occurred, Ellis relates and quotes Adams as
saying, ''No one of the Continential Congress regarded the language
of the Declaration as anything more than eloquent propaganda.''
Where the most contention came from between the two founders
was the meaning of the Revolution. Jefferson insisted it meant
individual freedom and social equality but Adams disagreed. Jefferson,
ever the states-rights advocate, detested the central power of
the Federal Government, as well as the independent Supreme Court
Jefferson was in Paris during the debates over the Constitution
but was kept informed by Virginia delegates including Madison,
who persuaded him to endorse it. He was not happy with the document
when he returned from France and saw the concentration of power
at the federal level at the expense of the states.
Judge Robert Bork in his The Tempting of America, said Jefferson
had an extreme version of state sovereignty for a time. He viewed
the Constitution as a mere compact among the states, leaving each
state with the right to decide for itself whether actions of the
national government were unconstitutional.
Jefferson's view of the Constitution, some historians and jurists
such as Bork think, would have made the national government unworkable.
In any event, Jefferson attacked both the Constitution and the
judicial system which Adams left in control of the Federalists
by appointing Federalist judges, including Marshall his former
secretary of state, just before he left office.
Jefferson attacked the Constitution and used it or ignored it
to press his own agenda, including the attempted conviction of
Aaron Burr on trumped up charges of treason. Counsin John Marshall
ruled Burr innocent of the charge, which he said did not include
the facts to convict under constitutional provisions for treason.
The Virginia sage also usurped authoity not provided in the Constitution
for the Louisiana Purchase from Napoleon, which turned out not
only to be a huge bargain for the United States in terms of land
acquired, but also was critical to expansion of the nation from
sea to shinning sea.
Jefferson chose impeachment as a weapon to reduce the Federalists'
stronghold in the judiciary. He began with John Pickering, a federal
judge from New Hampshire who was insane and a drunk. It was an
easy case for the House of Representatives to decide.
Then he went after Samuel Chase, a justice of the Surpreme Court
for his views on the Constitution, but could not get the two-thirds
majority required in the House.
Marshall also won the contest with Jefferson in the famous Marbury
case that rationalized the Supeme court's power of judicial review.
More than a decade before the high Court had already asserted
this right, but it gave no extensive explanation, Judge Bork points
out. Marshall spelled it out in Marbury.
Whatever the differences in their views, it is clear that Adams
was a strong force in getting both the Declaration and the Constitution
passed by Congress. He also was instrumental in getting Washington
to head the Continental Army and Jefferson to write the Declaration.
But ever since the time of Jefferson, there have been assaults
on the Constitution by presidents, courts and interests groups.
It was Wilson, for example, who gave us the unconstitutional income
tax and the Federal Reserve System that usurped the people's money
and credit. And it was FDR who tried to stack the Supreme Court,
just as Adams had done, and gave us unconstitutional social legislation.
It is ironic that FDR held Jefferson up as an icon of the Democratic
Party. Jefferson would have detested Roosevelt's concentration
of power at the federal level.
Despite the assaults on the Constitution and the loss of civil
liberties which is ongoing, there still is enough left of the
original document to make us proud and to proclaim the United
States the undisputed, greatest country on earth.
And the Declaration still echoes those ideal sentiments of Jefferson
such as: ''We hold these truths to be self-evident, that all men
are created equal, that they are endowed by their Creator with
certain un-alienable rights, that among these are life, liberty
and the pursuit of happiness.''
So, as Adams admonished, let's have some parades, some games,
ring some bells, and set some bonfires, shoot some (controlled)
fireworks, and yes, say some prayers to celebrate.
But be careful and don't overdo the latter. The old ACLU and
other liberal organizations may be watching. They want to rewrite
the Constitution via the obliging courts in the guise of protecting
the Bill of Rights -- not pushing their anti-religious agenda
-- NEVER! Perish the thought.
Top
JUSTICE NOMINATING PROCESS
An Essay
By Richard C. Sizemore
The time won't be long when the clowns in the Senate
will take center stage and go through the phony but entertaining
(if the outcome wasn't so serious) proceess of ''objectively''
selecting an associate justice or justices to fill expected vacancies
on the Supreme Court.
It has been about a decade and a half since the Senate Judiciary
Committee made a mockery of objectivity and qualification in favor
of a highly political smear campaign in slaughterning the judicial
career of Judge Robert Bork.
We can thank the fibbers and the cribbers -- Sens. Joseph Biden
and Ted Kennedy, to name the top two in this category -- along
with liberal organizations such as the ACLU, People For the American
Way (People For), the National Organization for Women (NOW); Americans
United for the Separation of Church and State and other liberal
organizations for shafting Judge Bork.
The tactics they used to keep this able and well-qualified jurist
off of the High Court did more than just destroy the career of
one man, however. They placed the selection of justices to the
highest bench in the purely political arena. That's where it now
stands, and court nominees who believe in the historical Constitution
had better not apply because left wing social engineers are in
vogue.
This Senate approval process inhibits the public writings and
decisions of prospective justices and encourages them to keep
their records pristine if they have any ambition to reach the
highest court. That inhibits and weakens their ability to administer
the law as meant by the Constitution in favor of politics and
current prevailing sentiment, even foreign court decisions.
In short, the process invites jurists of less ability with conniving
agendas and less respect for the Constitution to vie for and be
more apt to get a seat on the court.
President Bush may soon have the opportunity to name one, two
or even three justices to the Court as three members are rumored
near retirement either for age or intent. They are Chief Justice
William H. Rehnquist, 78, and Justice Sandra Day O'Connor, 73,
(she says she isn't leaveing and the other two are noncommital
at this writing) and John Paul Stevens, 83. Although everyone
is standing pat, the political infighting has already begun.
Sen. Patrick J. Leahy, ranking Democrat on the Judiciary Committee,
has pulled his dormant tactic first used in the Clarence Thomas
hearings out of the bag again. He has urged President Bush, as
he had done to his father before, to consult with him and other
leading Democrates before choosing a nominee. He has done this
even before a vacancy has occurred.
There is nothing in the Constitution that calls for prior consultation
with Congress before the President submits his nominee. There
also are no constitutional qualifications for the nominee although
it's generally understood he or she must be a lawyer. All justices
have been, although many have not attended law school.
In additon to there being no qualification for sharing the nominating
process with Senators before submitting nominees, there also is
none to consult the American Bar Association, and Richard Nixon
discontinued the practice at one time. That might have been a
good idea in view of the ABA's political stance.
Kate Michelman, president of Naral Pro-Choice America, said any
''nominee must commit to upholding Roe'' and she wants the nominee
to answer the question beforehand. If the nominees must answer
on Roe, why shouldn't they have to answer their positions on a
list of subjects? Then we would know the outcome of cases before
the court ever formally rules. In short, interest groups would
be deciding the cases via the selection process.
James Bopp Jr., general counsel for the national Right to Life
Committee, said the Pro-Life position ''is not just politicizing
the judiciary, it's the destruction of an independent judiciary.''
Democrats already have blocked votes on two federal appeals court
nominations of President Bush's with filibusters. As a result,
Republicans are trying to change the rules on filibusters. They
claim that Democrats are obstructing the will of the president's
and have unfairly created the need for a 60-vote majority to break
a filibuster to confirm judges.
Republicans only have 51 seats in the Senate compared with 48
for Democrats plus one independent. In other words, they don't
have enough votes to end a filibuster.
Democrats also have lauched an E-mail cartoon lampooing the president
as Dr. Frankenstein who wants to name a monster to the Supreme
Court, even before he has named one.
As the ads were being cranked up, former President Clinton was
admonishing a Jesse Jackson convention: ''Let us never demonize
or give up on those who disagree with us. We don't want to become
like the right-wing talk-show hosts, hammering our adversaries
into cartoon characters and denying their humanity.'' Yea, right,
Bill.
Democrats should not get too far out on court profiling. Conservatives
might want to craft a justice out of ''But is it Right?'' Earl
Warren; Justice William O. Douglas, who was so far out of it he
wanted to obtain standing-to-sue status for rivers, trees and
mountains; and swinging Sandra Day O'Connor. Douglas was the liberal
who was instrumental in engineering Roe v. Wade, which still can't
be found in the Constitution.
JUDGE BORK
There have been controversies over Supreme Court nominations
ever since John Adams stacked the judiciary with Federalists just
before he left office, including Chief Justice John Marshall,
cousin of Thomas Jefferson who would have loved to have had him
impeached. In fact, Jefferson used that tactic successfully on
one federal judge but failed on another and gave up.
Everyone knows about the attempted stacking of the court by FDR
who wanted his socialist legislation held legal. Judges have bought
their positions in some jurisdictions and many states elect them
instead of having their legislatures approve them.
The present undisputed politicizing of the confirmation process
was demonstrated for all to see in the shameful conduct of members
of the Senate Judiciary Committee in the mid 80s in the hearings
of President Ronald Reagan's nominee, Robert Bork.
Democrats announced their vehement opposition to Bork before
the hearings began as they are doing now before a nominee has
been selected or a vacancy has occurred. In the Bork case a majority
of senators announced they would vote against him before the debate
started. How's that for open, unbiased hearings based on the facts?
False accusations were made against Bork, and Sen. Ted Kennedy
even charged racism and sexism and tried to arouse blacks with
distoritions of Bork's record, which Bork wrote were ''lies.''
So far there hasn't been any libel suit that I am aware of.
Judge Bork in his book, The Tempting of America, pointed out
that the liberal group, sometimes referred to as the Kennedy-Biden
gang, wanted judges who would give them what he called ''super
legislatures'' in the courts because they couldn't get their agendas
enacted in the legislatures.
A former law professor at Yale University, Judge Bork believes
in the original intent of the Constitution and that judges should
not legislate from the bench or from opinion polls or public or
personal sentiment, as they did in the recent sodomy case, Lawrence
v. Texas. He believes that changing the law should be left to
the legislatures.
Contrast this position with the one of Justice Sandra Day O'Connor
in writing the majority opinion confirming affirmative action
in admitting law school students. She wrote: ''We hold that the
law school has a 'compelling' interest in attaining a diverse
student body.''
And who decides compelling interest? Is there a compelling interest
to abolish discrimination of all kinds in this country? Judges
decide from public opinion polls and, as O'Connor cited, the views
of corporate, military and academic leaders. But The Washington
Post quoted Andrew Kohut, director of the Pew Research Center,
as being struck by how closely the court's opinion in the affirmative
action case, resembled public sentiment.
This, of course, has nothing to do with the Constitution or the
intrepretation of it. And if the court is going to decide cases
on the basis of public opinion and not constitutional law, then
why appoint judges and legal scholars to it? Why not butchers,
bakers and candlestick makers as well as members of the legal
profession? Maybe sociologists should have more sway than lawyers
in nominations to the high court.
The Court and the nomination process have come to a lamentable
pass. It's time to get back to the Constitution and learned legal
scholars who intrepret the grand old domument in the light it
was intended.
JUDGE THOMAS
The Senate Judiciary Committee hearings on the nomination of
Clarence Thomas triggered a re-examination of the confirmation
process and suggestions of how to improve it from several corners.
Thomas found himself in much the same situation as Bork, and had
he not been black may have been rejected for his conservative
views.
Although liberals have had their way on the court at least since
Earl Warren's stewardship, Republicans are also guilty of trying
to influence its membership. As an example, 19 GOP senators issued
a statement on the day of the nomination of Abe Fortas by President
Lyndon Johnson opposing any nominees for court vacancies by the
incumbent president until after the November elections of that
year.
In 1991 Republicans complained that 100 days were to long for
consideration of a nominee while in 1968 they wanted a seven-months
delay to even begin considerations of a nominee. And a minority
of senators defeated the Fortas nomination by a, you guessed it,
filibuster after they uncovered some of his financial dealings.
Fortas subsequently resigned.
The search for something against Fortas, however, was similar
to what happened to Judge Bork and Judge Thomas and some others.
You can bet the search will be all out by interests groups once
Bush tips his hand on any new nominee.
They already are looking into the background of Alberto R. Gonzales,
the White House counsel. He is considered to be high on Bush's
nomination list. Gonzales, 47, is a long-time associate of Bush's
from his Texas days and would be a plus for him in trying to gain
support from liberal Hispanics, although Gonzales is less liberal
than some of his bretheren.
There is no doubt that the hearing processs has taken on the
trappings of a political campaign. Bush 41, after the Thomas fiasco,
suggested limiting the hearing consideration to six weeks and
welcomed closer consultation with lawmakers. Leahy, as mentioned,
called on presidents to seek Senate advice beforehand and has
renewed that position.
Judge bork suggested one way to improve the process would be
to take the tv cameras out of the hearing room ''so sober judgements
could be made.'' Senators, ever in search of publicity, are not
about to let that happen. So, the show will go on.
PEOPLE FOR AND SMEARS
Let us hope that this time around, liberal organizations such
as People For won't resort to smearing nominees like Judge Bork
and Thomas for their views on the ''original interpretation''
of the Constitution. People For would approve of judges issuing
their own moral and sentimental views as happened during the Warren-Court
era and beyond. It, and other groups such as the ACLU and NARAL,
tend to believe the Constitution is passe.
After his hearings in which the deck was stacked against him,
Judge Bork wrote.
A president who wants to avoid a battle like
mine...is likely to nominate men and women
who have not written much, and certainly
nothing that could be regarded as contro-
versial by left-leaning senators and groups.
In other words, we are likely to get more candidates like O'Connor
and less like Bork, mediocrity vs. brillance. The liberals have
decreed it so. The affirmative action opinion by O'Connor and
the other liberal judges will help make it so.
Under O'Connor's reasoning all polls have to do is tell the court
what kind of society they want and, voila, the court will engineer
it for them. And O'Connor, the swinger, and her ilk will jump
to majority side of a split court to get the job done.
So, let the hearings begin. Old Jawls (Kennedy) and baldy with
the toothpase smile (Biden) will still be there to provide distortions
of the facts and whine for liberals, and Arlen Specter will probably
continue masquerading as a constitutional expert, which he isn't,
and there will be plenty of grandstanding and vying for tv prime-time
space by Leahy and most of the others involved.
It should be another good show. Unfortunately, the people will
not get the unbiased and impartial judiciary to which they are
entitled, and the country will suffer because of it. But politics
must go on. Somehow we survive.
Top
OUR GLOBALIST JUSTICES (8/8/03)
An Essay
By Richard C. Sizemore
The three members of the Supreme Court who also
belong to the Council on Foreign Relations, which has long supported
one-world government over U.S. sovereignty, are now open advocates
of globalism.
Justices Stephen G. Breyer, Sandra Day O'Connor and Ruth Bader
Ginsburg have recently used either television appearances or speaking
engagements to endorse reliance on foreign court decisions in
deciding court cases.
Justice Anthony Kennedy cited a 1981 gay rights opinion by the
European Court of Human Rights in reaching the court's decision
in Lawrence v. Texas, which nullified a law in Texas and several
other states against sodomy.
He and O'Connor appeared on a television program in which Justice
Breyer noted that the foreign court's view that gay men and lesbians
had a fundamental right to privacy in their sexual behavior showed
that the Supreme Court's prior decision to the contrary ''was
unfounded in the Western tradition.''
Western Tradition? When did the historical Western tradition
endorse homosexuality? And why cite foreign courts when 12 other
states besides Texas have laws against sodomy? Why not look at
those laws instead of the opinion of a European court? Must we
base our morals on those of France or Sweeden, as an exaple?
Justice Ginsburg also used the speaking circuit to promote reliance
on foreign courts to decide cases such as the death penalty, gay
rights and others.
She was quoted by the Associated Press as telling the American
Constitution Society, a liberal lawyers group, that ''our island
or lone ranger mentality is beginning to change.'' Does that mean
that we are now going to become followers instead of leaders?
And how about the one-world mentality of the Supreme Court Justices,
while we are on the subject?
The AP story quoted David Rivkin Jr., a conservative Washington
attorney, as saying judges should not rely on foriegn trends when
interpreting the Constitution and that that should be left to
legislatures. And remember Justice Scalia's dissenting statement
in Lawrence v. Texas that the court should not ''impose foreign
moods, fads, or fashions on Americans.''
FORESIGHT OF FOUNDERS
Members of the court should be relying on the Constitution and
the precepts on which the nation was founded and not on foreign
courts and fads. Didn't our forefathers study the other European
laws and constitutions and ways of government before writing our
Constitution?
Last month, Justices Breyer, O'Connor and Ginsburg discussed
the death penalty and terrorism with French President Jacques
Chirac during a European tour. Should we be taking cues from Chirac,
that paragon of virtue on how to run our government? If we must
rely on France for anything it certainly should not be morals?
Here is a country that has never won a major war and which could
not even conduct a revolution. It had to import a midget Corsican
to lead it out of its misdirected, so-called enlightment and chaos.
And our far-out liberal Supreme Court justices are seeking guidance
from its leaders?
Perhaps they should have been touring several states in the United
States where their next case challenges are coming from on morals
and religion rather than heading to Europe for guidance. They
also should be relying on our Constitution, which they apparently
have tossed aside.
GLOBALONY
Justice Bryer said: ''Through commerce, through globalization,
through the spread of democratic institutions, through immigration
to America, it's becoming more and more one world of many different
kinds of people. And how they are going to live together across
the world will be the challenge, and whether our Constitution
and how it fits into the governing documents of other nations,
I think, will be a challenge for the next generations.''
It will not be a challenge if the President and Senate put judges
on the court who will ignore foreign court decisions and interpret
the Constitution as it was intended and meant to be and not some
so-called ''living constitution'' that can be bent to the whims
or morals of individual judges.
Justice Breyer seems to think the Constitution is passe. He thinks
words used then don't mean the same as now. I quote: ''...look
at a word like 'interstate commerce,' which they (founders) didn't
have automobiles in mind, or they didn't have airplances in mind,
or telephones, or the internet, or you look at a word like 'liberty,'
and they didn't have in mind at that time the problems of privacy
brought about, for example, by the internet and computers. You
realize that the framers intended those words to maintian constant
values, but values that would change in their applications as
society changed.''
As for the changes in words, sure, the founding fathers didn't
have automobiles and airplanes and the internet and, admittedly,
there are problems with these innovations that they couldn't address
specifically. But the basic idea of how they would address them
in 'interstate commerce' and what they had in mind are still there.
And take the word ''liberty'' as it applies to privacy. They
didn't address privacy and that's why it is not in the Constitution
and had to be invented by justices such as William O. Douglas,
Breyer and others. This problem should be addressed by the Congress
and the state legislatures and not by judges making their own
law that has nothing to do with the Constitution.
And to infer that our founders like Benjamin Frankling, John
Adams, George Mason, John Jay, James Madison, and Thomas Jefferson,
to name a few, were not considering the future or the past in
founding this nation is absurd.
Were the present Supreme Court justices living in the day of
these intellectual giants, they would be consigned clerk roles,
if that.
The Supreme Court justices also would do well to stay out of
foreign policy. The Constitution spells out who should run foreign
policy, and it is not the usurping Supreme Court. Incidentally,
most of the court's powers were delegated to it by itself, including
the power of judicial review, and were not spelled out in the
Constitution.
COUNCIL ON FOREIGN RELATIONS
But back to the Council on Foreign Relations (CFR), which has
been running foreign policy in the country since the time of Wilson,
FDR and possibly before. Remember, Justices Breyer, O'Connor and
Ginsburg belong to this group and seem to be advocating globalism
at the expense of U. S. sovereignty which they have no business
doing.
The CFR was founded in 1921 and was regarded by the Royal Institute
of International Affairs (RIIA) as its American branch, according
to the late historian, Carroll Quigley. The RIIA was a branch
of the Rhodes, Milner or Round Table groups formed by Cecil Rhodes,
who exploited the African gold mines.
The CFR has become active in planning the U.S. future in foreign
affairs and global economics and was supported early on with Rockfeller
money. It clearly supports globalization and the so-called New
World Order instead of U.S. sovereignty. It has infiltrated the
grovenment from the time of it inception, and its membership reads
like a ''Who's Who'' in government, politics, corporations and
the news media.
In the present Bush Administration, as an example, those in key
policy-making positions are also CFR members and include: Secretary
of State Colin Powell, Defense Secretary Donald Rumsfield and
Deputy Defense Secretary Paul Wolfowitz, and National Security
Adviser Condoleezza Rice. (see terms and organizations on home
page for more on CFR).
In the post-Iraqi war we have L. Paul Bremer as U.S. administrator
of the Coalition Provisional Authority running Iraq. You guessed
it. Bremer is a member in good standing of the Council on Foreign
Relations. Suprise?
Advocating a world view in interpreting laws of the United States
and our Constitution by Supreme Court justices poses the question
of whether their views should necessitate them recusing themselves
from certain cases that come before the court.
As an example, suppose an American business or individual has
a grievance because of the U.S. entry into the World Trade Organization
or NAFTA and it reaches the court? The individual or business
can't ask for redress from their congressmen or senators because
the WTC rules prevail. Now, the justices with biased and outspoken
globalistic leanings get the case. Shouldn't they recuse themselves?
CONSTITUTION, FINAL WORD?
Justice O'Connor suggested on the same tv program with Justice
Breyer that the Constitution was far from the final word in governing
America, according to the AP. She said, ''...you always have the
power of entering into treaties with other nations which also
become part of the law of the land, but I can't see the day when
we won't have a constitution in our nation.'' Don't treaties have
to be constitutional? And can't the court review them for their
constitutionality? The WTC pact delegates all kinds of our constitutional
rights to a world body, even Congress' right to levy taxes, and
that's clearly unconstitutional.
Based on a previous court ruling on the subject (but that doesn't
seem to matter to the court any more except for expediency), the
court would be bound to rule the WTC pact unconstitutional because
Congress cannot delegate these constitutional powers.
Now, the fact that Justice O'Connor thinks there may always be
a U.S. Constitution is a generous view coming from a justice who
has sworn to uphold and see that the Constitution remains the
constitution of our land, isn't it?
With justices like the three mentioned and the constant bombardment
against the grand old document, we may always have the Constitution,
but if we have to go to foreign courts and the whims of justices
who won't interpret it in its original intent, it won't mean much
more than a national heirloom.
It's amusing how these justices speak out to gain support for
their own viewpoints after they get on the bench. But before they
get that life-time tenure, they are timid and stealthy.
And even after they make appearances they hide behind their robes
from reporters' questions and interviews. The present court is
out of control, but Congress won't do anything about it through
either the power of the purse or its legislative authority.
And that's why the court gets away with setting our social course
and moral.
Top
REIN IN THE SUPREME COURT (10/6/03)
An Essay
By Richard C. Sizemore
''If I only had a brain,'' the scarecrow bemoaned
in Wizard of Oz. ''If Congress only had a spine,'' mere citizens
have a right to bemoan. If it did it could rein in the free-wheeling
Supreme Court that has sided with the left-side elites in the
ongoing cultural war.
The Court has also usurped powers granted in the Constitution
to the legislative and executive branches of government. Congress
has constitutional powers to check it, if it would only do so.
As examples of the Court's questionable if not unconstitutional
decisions against majority values, it has:
Driven religion from the public arena and made secular humanism
the national creed; pulled the right of unspecified privacy out
of a hat in defiance of the Constitution and legitimized sodomy;
made baby killing legal; reversed explicit Congressional intent
by approving affirmative action in the nation's colleges and universities;
and relied on foreign court rulings to interpret our own Constitution.
Other examples could be cited, but this should suffice to make
the point that the libeals are getting their agenda passed via
the courts and not the legislatures.
There is a faint impression that a Congressional spine exists,
however, as witnessed in its recent re-enactment of a law banning
unsolicited marketing calls that was overruled by two appelate
court judges. After Congress re-enacted the law to make clear
its explicit intent, one congressman quipped this shows ''we really,
really mean it.''
Maybe that phrase should have been added to a lot of legislation
such as the 1964 Civil Rights Act that outlawed racial discrimination.
The Court overturned that law on what Justice William J. Brennan
jr., speaking for the majority of five, termed the ''spirit''
rather than the letter of the law.
Out of that decision and another by Justice Lewis Powell we got
affirmative action by constiutionalizing consideration of race
as a plus in education admissions. Recently, the Court held not
too much but just the right amount of racial discrimination was
all right at the University of Michigan and other universities
in the name of diversity.
Of course, it decided the right amount, and it also guessed this
should go on for about 25 more years.
The point is that Congress has shown what it can do to harness
the activist justices if it will only act.
BACKGROUND
For background, a U.S. District Court judge in Oklahoma City
held the law unconstitutional on grounds the Federal Trade Commission
lacked authority to run the registry containing more than 50 million
telephone numbers of people who don't want to be annoyed by telemarketers.
So, Congress re-enacted the legislation to make it explicit that
it had delegated the proper authority to the FTC, and President
Bush signed it.
But it still is entangled in the courts. Another U.S. District
Court judge held that the do-not-call list is unconstitutional
on the grounds of free speech discrimination. It permits such
calls to charities and politicians but denies them to businesses.
That ruling may have merit, but we'll have to wait for the outcome.
Meanwhile, another government agency -- the Federal Communications
Commission (FCC) -- has taken a role in enforcing the list. Last
summer the FCC joined the FTC to be sure the list applies to all
industries.
A three-judge federal appeals court panel in Denver denied a
request from telemarketers who wanted to block the FCC's role
in the registry. Supreme Court Justice Stephen Breyer refused
to block that decision. The full appeals court has agreed to hear
the case, which may take some time to decide.
Meanwhile, everybody is confused from enforcers to consumers
and telemarkerters.
So, the fight is not over, but Congress has shown that it can
rein in the judges if it will only act. Don't get your hopes up
too high though. The do-not-call case has 50 million numbers and
is growing, so congressmen have little to fear from constituents
if they fight the courts.
CONGRESSIONAL AUTHORITY
There are several ways that the Congress can check the courts.
First it has power to limit the jurisdiction of lower federal
courts. And in his book Coercing Virtue, Judge Robert Bork also
contends that Congress has power to make exceptions to the Supreme
Court's appellate jurisdiction.
Bork questions whether this would be a good thing in cases such
as abortion, for instance. If the Congress removed the Court's
appellate juristiction over abortion, he points out it would leave
the decision to the states, and there may be 50 diffent constitutional
laws over which Congress would have no constitutional juristiction.
That may not be such a bad idea, however, in the case of abortion,
sodomy, affirmative action, and especially the religion clauses
of the Constitution. In the first place, it may not be as severe
with 50 different laws as Judge Bork suggests, and the state legislators
would be better at deciding such issues. They would be responsible
to their constituents while the Court is responsible to no one.
In his book Justices, Presidents, and Senators, Henry J. Abraham
writes:
''..ultimately, they (the justices) do not have the power to enforce
their decisions, for the purse is in the hands of the legislature
and the sword in those of the executive; and the Court may be
reversed by legislative action (such as the no-call-list law)
or by constitutional amendment.
As for the latter, it could be done on individual cases such
as abortion or same-sex marraige, but it is a slow and cumbersome
process. There have been suggestions for a constitutional amendment
that would give either the full Congress or the Senate power to
overrule Supreme Court decisions. Judge Bork points out, however,
that such suggestions have never been taken seriously.
Other ways to curb the Court is to appoint justices who will
rely on the original understanting of Constitutional principles,
but with the liberal elite members of the Senate and the various
lobbying groups, the outlook for this is bleak.
Judge Bork notes that no help can be expected from the American
Bar Association which was ''once a professional group, (but is)
now a liberal political faction.''
With the outlook dim that Congress will act to overturn the Court
on controversial subjects, an irate public with the power of the
petition just might nudge the lawmakers in the right direction
in the cultural war. Maybe this would put some spine in the congressmen
who have abdicated their Constitutional responsibilities, and
in so-doing also put some manners on a free-wheeling Court.
The Court could be jolted back in the path of constitutional
democracy. If Congress only had a spine.
Top
THE PLEDGE (10/22/03)
An Essay
By Richard C. Sizemore
The Supreme Court, which has openly demonstrated
hostility to religion, has conditionally decided to rule on the
constitutionality of saying the pledge of allegiance to the flag
in public schools.
It wouldn't even be getting the case, except for its own tinkering
with the Constitution in the first place. It changed the law relating
to a litigant's standing to sue in a case titled Flast v. Cohen
back in 1968, and that's why just about anybody can sue in religious
cases.
Traditionally, in order to have standing to sue a person had
to demonstrate some impact of personal loss or injury.
In the Flast v. Cohen case, however, the Court ruled that taxpayers,
or individuals, can sue to prohibit federal money from aiding
religious schools under the establishment clause of the First
Amendment to the Constitution. In his book Coercing Virtue, Judge
Robert Bork pointed out that ''the Court refused to allow similar
suits to be brought under other parts of the Constitution.''
This case clearly ''illustrates the place of religion on the
Court's scale of values,'' Judge Bork concludes. If that isn't
enough to show the Court's religious bias, then this observation
by Bork ought to make it clear:
''...every single provision of the Constitution, from Article
1
section 1, to the Twenty-Seventh Amendment, except one,
is immune from taxpayer or citizen enforcement---and that
exception is the one used to attack public manifestations of
religion.''
In other words, if it were not for this lone exception Michael
A. Newdow, whose specious claim about harm to his illegitimate
daughter from reciting the pledge, would never have come to the
Federal District Court in Sacramento in the first place. He would
not have had standing to bring the suit.
He probably doesn't have standing anyway. The High Court instructed
the parties to the case to discuss whether Newdow has standing,
according to the New York Times.
Newdow never married his 9-year-old daughter's mother who has
custody of the child. The mother told a federal appeals court
she did not object to the pledge and wanted her daughter to recite
it.
The Elk Grove School District and the Bush administration have
both challenged Newdow's standing. Newdow said he has since obtained
a modified custody order that clarified his rights. A California
court has given him joint custody, but details of the order are
not clear.
So the Supreme Court may not hear the case after all -- if Newdow
can't pass the standing test -- unless it just arbritrarily wants
to decide the case. But if it delays the issue, it will be just
a matter of time before another person will bring such a suit.
The ACLU and other non-religious organizations will probably be
standing by to assist.
The Court seemed overly anxious to receive the case considering
it could simply rule that Newdow doesn't have standing, since
it knew his standing is highly questionable. The law has existed
for a half century, and no one has mentioned any harm to any child
from it to the extent that Newdow's imagination takes him in his
claim.
STACKED DECK
People supporting religion and the constitutionality of the pledge
will be playing against a stacked deck if the Court decides the
case. In addition to its recent bias against religion, one justice
who almost certainly would have voted in favor of the pledge has
recused himself.
The absense of Justice Antonin Scalia could lead to a 4-4 tie
which would let the California court's decision against the pledge
stand. The Supreme Court's recent religious decisions also does
not bode well for even a tie.
Even Chief Justice William Rehnquist has said ''It (the Court)
bristles with hostility to all things religious in public life.''
It has driven all symbolism of religion from the public arena,
prayer from public schools, and even ruled that the practice of
organized, student-led prayer at a public high school football
game, consisted of an unconstitutional establishment of religion.
Despite the fact that the pledge law has been in effect for nearly
50 years with no apparent ill results, the Court is likely to
overturn it because of its religious bias and, unfortunately,
because it is an act of Congress. That could be construed as an
establishment of religion. The Court has ruled unfavorably on
other religious cases that are clearly not an act of Congress.
The Court has also previously held that public schools may not
''compel'' students to recide the pledge, and Elk Grove School
does not force students to do so. That may be a plus but not decisive
for defenders of the pledge.
Six federal appellate court judges considered the original California
court ruling ''very wrong'' in their written dissent. They contended
the pledge is not a religious act.
Judge Ferdinand F. Fernandez wrote ''such phrases as ''in God
We Trust,'' or ''under God'' have no tendency to establish a religion
in this country or to supress anyone's exercise, or non-exercise,
of religion, except in the fevered eye of persons who most fervently
woud like to drive all tincture of religion out of the public
life.
RESULT OF PLEDGE BAN
If the Court does rule the pledge unconstitutional as it now
stands, what happens to other references to God and religion in
many of the documents defining the nation's historical background?
Could the Gettysburg Address, the Declaration of Independence,
or the oath of office for president as stated by George Washington
be read in public schools? An how about the National Anthem? Could
these lines from the fourth verse of the anthem be sung in school?
''Blest with vict'r and peace, may the heav'n rescued land
Praise the power that hath made and preserved us as a nation!
Or this line in the same verse: ''An this be our motto: ''In
God is our Trust!''
Then we get to paid chaplains in Congress and the military; prayer
opening Congress and even the frieze at the High Court, which
starts off each session with, ''God save the United States and
this honorable court,'' or ''in God We Trust'' on U.S. currency
and Thanksgiving Day proclamations by presidents.
Maybe the Court might even consider removing ''Year of Our Lord
one thousand seven hundred and eighty seven'' from the ending
of the Constitution.
Examples of what the founders thought about religion and had
no intention of outlawing it, and the fact that the nation is
grounded in religion are too numerous to even mention.
I say to the Court what I heard a man shout at a horse he had
just bet the rent money on. ''Git yo head straight!''
Top
A NEW POPE (10/29/03)
An Essay
By Richard C. Sizemore
With Pope John Paul II aged and ailing the time
is near when white smoke emanating from the Sistine Chapel in
Rome will announce a new pope of the Roman Catholic Church.
Both liberals and conservatives of the Church as well as others
who will be affected by the new pope's stance on a myriad of controversial
moral subjects will be waiting to see who the assembled cardinals
select.
If Pope John Paul has the election set up the way he wants it,
then the odds favor another conservative pope. In any event, it
is reasonable to assume that the new pope will certainly not be
as liberal as Pope John XXIII, who called the Second Vatican Council,
or as absolutist as John Paul II himself.
Odds are the new pope will be closer to John Paul II than to
John XXIII in observing age-old tenents of the Church and resistance
to change. That's because John Paul chose all but five of the
global cardinals who will be making the papal choice.
In his book Vicars of Christ, Peter de Rosa said ''John Paul
is the last of the absolute monarchs.'' He reversed the liberalism
of his predessors on such issues as priest celibacy and other
trends toward easing Church dogma.
Even so, he supported sainthood for John XXIII, who de Rosa claimed
''was probably the most liberal, or truly catholic, pope in the
history of the Church.'' John Paul is one of the toughest popes
on Church policy
He repeatedly quashed progressive and liberal hopes on the ordination
of women as priests, the end of celibacy for priests, and has
stood firm in opposing artificial birth control and vehemently
opposed same-sex marriages.
He also has staunchly opposed abortion, divorce, denounced homosexuality,
and contraception. During his papacy, millions have fled the Church,
and many of those who have stayed have ignored the pope's hardline
stance on such policies.
John Paul also ratified previous Vatican views concerning voluntary
organ donations. He endorsed them and laid down conditions for
morally acceptable donations and transplant procedures. This impacted
Catholics who have been adverse to both transplants and cremation
for reasons having to do with keeping the body intact for resurrection.
OTHER ACTIONS
To the chagrin of Jews, John Paul championed sainthood for Pope
Pius IX who called the First Vatican Council to canonize what
he and some other popes already had been practicing - infallibility.
John Paul ignored the bitter protests of Jews who pointed out
the 19th century first infallible pope confined Jews to Rome's
ghetto, referred to Jews as ''dogs,'' and advised one country
to deny Jewish doctors the right to practice medicine. Pius IX
also presided over the church's seizure of a Jewish boy who was
raised as a Catholic against his parents wishes.
Under John Paul's leadership, however, the Vatican formally recognized
the State of Israel in 1993. Also from him came a ''confession
of sins against the people of Israel,'' and the easing of relations
with Anglicans and Christians.
John Paul has named more Catholics to sainthood, (close to a
thousand) than any other pope in history. They included Mother
Teresa as well as one controversial figure -- Archbisohp Javier
Echevarria, founder of Opus Dei.
Opus Dei is reported to be ''a secretive international Roman
Catholic order dedicated to getting its membership into high political,
corporate, and religious offices in various lands to various ends,''
according to Gore Vidal in Perpetual War for Perpetual Peace.
John Paul mentioned Opus Dei in an address praising its founder
but did not mention the purpose of the organization.
Vidal wrote there are two Supreme Court members who belong to
Opus Dei although he did not name them, he did rule out Justice
Scalia. Vidal cites a Washington newspaper story naming former
FBI Director Louis Freeh and Russian spy Robert Hanssen, an FBI
director, as members of the same Opus Dei chapter in suburban
Virginia.
NON-ITALIAN POPE
John Paul is the former Cadinal Karol Wojtyla of Poland and is
the first non-Italian to hold the office of pope in more than
450 years. During his quarter-century tenure he apologized for
some of the Church's past trangressions, including the condemnation
of Jews and astronomer Galileo.
Galileo was condemned during the Inquisition for embracing and
trying to prove Copernicus' theory that the sun and not the earth
is the center of the universe. John Paul after all these years
said the Church erred.
The widespread sexual abuses by priests came to light on John
Paul's watch, and the Church has been bombarded by criticism and
suits. Priests were shielded and transferred, but little was done
to correct the flagrant abuses revealed by victims who finally
came forward. Priest celibacy is blamed for much of the problem.
As an indication of how unpopular the doctrine of priest celibacy
is, more than 160 priests in the Archdiocese of Milwaukee signed
a letter in August 2003 supporting married men for the priesthood.
If the new pope is conservative as expected, no relief of this
edict is expected.
POLITICS
The Catholic Church has always been into politics, and that involvement
did not abate any on John Paul's watch. As de Rosa points out
''the Catholic Church is the only religious body in existence
that is both church and political organization.'' It exchanges
diplomatic representatives and claims recognition as an independent
member of the community of nations, he adds.
John Paul's last big involvement in politics was to launch a
global campaign against gay marriages and to admonish Catholic
politicians that they have a ''moral duty'' to publicly oppose
laws granting recognition to homosexual unions and to vote against
them.
If laws are already on the books, politicians must speak out
against them, work to repeal them and try to limit their impact
on socieity. The Vatican document said ''to vote in favor of a
law so harmful to the common good is gravely immoral.'' Is that
a veiled threat of excommunication?
The Vatican's open entry into American politics evoked a sharp
retort from Sen. John F. Kerry who said Rome should have more
respect for America's long-held separation of church and state.
A Catholic himself, Kerry, a presidential hopeful, said:
''It is important not to have the church instructing politicians.
That is an inappropriate crossing of the line in this country.
President Kennedy drew that line very clearly in 1960 and I believe
we need to stand up for that line today.'' (President Kennedy
took his stand as noted under one of the most liberal popes in
the history of the Church.)
Patrick Kennedy (D, R. I.) criticized the Church's position and
called opposition to ''same-sex marriages or unions, whatever
you call it, as bigotry or discrimination,'' according to the
Associated Press.
NOTHING NEW
Why some Catholic politicians so vehemently condemned the pope
for the latest intrusion into politics on the subject of homosexuality
is surprising because they have had several opportunities for
condemnation before and done nothing.
In 1980, for example, two priests declined to run for re-election
to Congress because of opposition by John Paul. Both priests --
Robert F. Drinan (d-Mass.) and Robert J. Cornell (d-Wis.) -- were
liberals.
Pope John Paul was petitioned in 1981 by pro-life Catholics to
chastise 27 politicians and public figures for their stand on
abortion. The list included former New York Gov. Mario Cuomo,
Ted Kennedy, Sen. George Mitchell (d-Maine) and former Haouse
Speaker Tom Foley (d-Wash.). John Paul never acted on the petition.
But two Catholic bishops and the late Cardinal John O'connor
challenged Cuomo on his abortion stand. Cuomo contended O'Connor
''came dangerously close to interference in politics.''
Although John Paul has been adamant in his stance on the above
named issues and instructed politicians about them, there may
be some good in it for Christians, protestants as well as Catholics.
There has been for the past 60-to-70 years an assualt on religion
in this country from elite liberals and organizations such as
the ACLU, the liberal-led Supreme Court and others. Religion has
been practically removed from the public arena.
John Paul and the Christian Right in particular have not taken
it sitting down. They have fought the trend, and John Paul's successor
is likely to continue to do so. If the two religions unite on
these issues, they have the clout to send anti-religionists packing.
That would resurrect religion from the underground and place
it back in the public arena where it belongs. No hand-wringing
and fear of a theocracy from atheists, secular humanists and left-wing
elites is necessary. It is not going to happen, and they know
it.
Top
Undermining Sovereignty (12/6/03)
An Essay
By Richard C. Sizemore
So, you thought that the Supreme Court was the only
body that could reverse laws made by Congress outside of a presidential
veto? Wrong. International bureaucrats can do it, too.
That's because the United States has entangled itself in such
global organizations as the United Nations, the World Trade Organization
(WTO), and the North American Free Trade Association (NAFTA).
The bureaucrats in the WTO are already telling us how to write
our tax laws. How long will it be before they meddle in our environmental
laws and other domestic affairs?
It seems that all the globalists are getting into the act. Pascal
Lamy, the French socialist, and Trade Commissioner of the European
Union (EU) visited this country in the fall of 2003 to lobby Congress
on tax laws suitable to the EU.
Congressman Ron Paul said ''in effect he is a foreign bureaucrat
acting as a shadow legislator by intervening in our lawmaking
process.''
Alan Greenspan, the globalist head of the Federal Reserve Board
(FED) and card-carrying member of the Council on Foreign Relations
(CFR), is also getting into the act. He is jawboning President
Bush to reverse what he calls 'creeping protectionism'' for Bush's
imposition of steel quotas, plus quotas on Chinese textiles as
well as a 2002 farm bill that provides subsidies to agricultural
producers.
Greenspan complained that foreign countries may be reluctant
to purchase American securities if we protect our industries and
thereby upset ''the flexibility of the global economy.'' He didn't
mention the upset the U.S. economy has already suffered such as
job losses and other ill effects resulting from the record and
soaring trade deficit. Nor did he mention the boost that our huge
trade deficits with China are giving to that Communist country's
war machine.
Greenspan has long been involved in matters beyond his purview
as Fed chairman and often jawbones Congress and the president
on fiscal policies, such as taxes, social security and domestic
economic policy. He gets away with it because neither Congress
nor the President will put him in his place.
For the first time in the history of the Republic, Congress in
2000 voted
to change our domestic laws because the WTO told it to do so.
The WTO had ruled that U.S. taxes relating to Foreign Sales Corporations
(FSCs) amounted to a tax subsidy, a charge made by the European
Union (EU).
Congressman Paul of Texas pointed out at the time that no subsidy
was involved and that only a small part of income earned abroad
by FSC's was exempt from taxes. Furthermore, Paul noted, most
EU countries do not even tax their corporations on any income
earned abroad. He advocates legislation to exempt the taxation
of foreign income.
Although Congress changed the law and replaced it with an indirect
tax break for the corporations, the WTO was not satisfied and
authorized the EU sanctions against U.S. imports.
The EU is now threatening to phase in the sanctions on certain
U.S. imports in retaliation for the so-called export tax break
for U.S. corporations.
EU's Lamy met with Senate, House and Bush administration leaders
as well as Trade Representative Robert Zoellick to have the current
law changed. Don't be surprised if he is successful. Congress
has caved in before.
The current law allows U.S. companies to exclude from federal
income tax 15 percent of their net income from the export of U.S.
goods. As stated, the Europeans don't tax income earned abroad.
STEEL
In another case, the WTO has upheld an earlier ruling that it
was illegal for the United States to impose tariffs on imported
steel. President Bush imposed three-year duties on up to 30 percent
on imported steel in March 2002. The President said the tariffs
were necessary to protect domestic steel producers.
Trade experts fear that Europe and the United States may become
engaged in a prolonged trade war. Europe's trade officials threatened
trade sanctions of up to $6 billion if Bush failed to lift the
steel tariffs. Bush caved in to pressure and dropped the steel
tariffs. So, the WTO and EU not only try to regulate our taxes,
but our presidential policy as well.
In addition to the EU, several other countries also filed complaints
against the United States. They include Japan, South Korea, Norway,
Switzerland, New Zealand and Brazil.
CHINA
China, the world's largest steel producer, also warned it would
take strong action if the tariffs remain in place. Japan also
said it would take retaliatory action. China rang up a $103 billion
trade surplus with the United States last year, and it is growing
so far this year with a record $12.7 billion in September. Japan
ran second with a $70 billion surplus in 2002 followed by Canada
$50 billion and Mexico $37 billion. The latter two figures show
NAFTA resulting in an $87 billion deficit for the United States.
Still, the Bush administration is hell bent on expanding NAFTA
to cover the entire Western Hemisphere. It's worth mentioning
that Brazil, the largest member of that group, signed a pact with
$200 million with Cuba in new business deals in September, 2003.
Does that mean individual countries may sign trade agreements
with Cuba if the U.S. extends NAFTA to them?
Contrary to government propaganda, trade pacts do not raise all
boats. They sink some, and if ours isn’t sinking somebody
ought to check for leaks. The United States ran a $435 billion
overall trade deficit last year, and it will be larger this year.
Yet, it is still trying to sell new agreements.
Current efforts are directed toward lining up an organization
that would expand NAFTA called the Free Trade Area of the Americas
involving more than 30 countries. Amid protests in Miami in November
ministers from 34 nations abruptly ended a meeting which accomplished
little more than an agreement to keep talking in the future.
PAUL SAYS QUIT WTO
Congressman Paul has labeled the European tax sanctions ''an
affront to our sovereignty'' and called for the United States
to resign from the WTO to avoid further international meddling
in U.S. domestic affairs.
He pointed out that under the Constitution, Congress ''..cannot
cede even a small part of that (tax and trade) authority to the
WTO or any other international body, nor can the President legally
sign any treaty which purports to do so.''
Former President Clinton signed the WTO and was supported by
former Presidents and Bush and Carter. Paul states:
America's founders never intended for our nation to become entangled
in international trade agreements, and they certainly never intended
to
have our laws overridden by international bureaucrats. Congress
may
not object to being pushed around by the WTO, but the majority
of
Americans do.
In his most recent criticism of what he called ''trade schemes,''
Paul said ''Organizations like the WTO and NAFTA represent government-managed
trade schemes, not free trade.'' He added, ''We've sacrificed
national sovereignty by changing domestic laws...yet we still
face trade wars.''
The sad part is Americans have nothing to say about it. If they
complain to their representatives they will be told they cannot
do anything because it is in the hands of the WTO by treaty. And
the determinations of WTO bureaucratic tribunals become automatically
binding.
WTO RULES
Under WTO rules any member country can challenge another member
country that it believes deprives it of benefits it expected to
receive from the new WTO rules. As an example, U.S. regulations
on such matters as recycling laws, use of carcinogenic food additives,
auto safety requirements, bans on toxic substances, labeling,
and meat inspection could be subject to challenge.
Thus, our laws would have to be changed to meet lower standards
or be subject to perpetual fines or trade sanctions as in the
present EU case.
As stated, no need to call your congressman; your constitutional
rights have been usurped by an unconstitutional trade agreement.
And even if you could get standing to question the constitutionality
of the WTO trade agreement before the Supreme Court, it is unlikely
you would get any relief. That is because the Court is going more
global in its decisions.
In addition, three justices of the Court -- O'Connor, Breyer
and Ginsburg -- are advocating more reliance on international
court opinions to reach Supreme Court decisions. The three justices
are members of the Council on Foreign Relations, which supports
globalization.
If you protest about these trade arrangements that usurp your
constitutional rights, you will likely be called a myopic protectionist
by the one-worlders. They still falsely claim the Smoot-Hawley
tariff law caused the stock market crash of 1929, although the
law was not enacted until 1930.
The only apparent recourse Americans have is to put pressure
on their elected representatives to support resignation from these
bureaucratic world organizations. They should send them packing
if they don't.
With Congress either abdicating or delegating its authority and
meekly accepting the encroachment of its powers by the executive
and judicial branches, the people have no representation. But
they still have the power of the ballot.
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