Category: Law

Good Idea, Bad Execution

By , February 1, 2011 9:49 am

In an effort to make the case that the so-called Individual Mandate under Obamacare is unconstitutional, a group of South Dakota state lawmakers introduced a bill that would require South Dakota citizens 21 and over to buy a firearm “sufficient to provide for their self-defense.” In explaining the purpose behind the proposed law, Rep. Hal Wick (R-Sioux Falls) said,

Do I or the other cosponsors believe that the State of South Dakota can require citizens to buy firearms? Of course not. But at the same time, we do not believe the federal government can order every citizen to buy health insurance.

He should require citizens–including himself–to buy and read a pocket Constitution: States, unlike the Federal government, do not have enumerated powers under the U.S. Constitution. The knock against the Individual Mandate is that it exceeds the reach of Congress’s enumerated and implied powers.

Two Paragraphs from The New York Times Capture the Problem With Egypt

By , January 31, 2011 11:43 am

Two paragraphs from The New York Times capture the conundrum that is the U.S.’s current policy in Egypt, a policy advocated by realist foreign policy experts. The first quotes an Egyptian with dual citizenship:

“I brought my American passport today in case I die today,” said Marwan Mossaad, 33, a graduate student of architecture with dual Egyptian-American citizenship. “I want the American people to know that they are supporting one of the most oppressive regimes in the world and Americans are also dying for it.”

The second refers to a report in Haaretz, an Israeli daily:

Jerusalem was also reported to have called on the United States and a number of European countries over the weekend to mute criticism of Mr. Mubarak to preserve stability in the region, the Israeli daily Haaretz reported.

The Times follows that with a rejoinder from a unnamed Israeli official, a rejoinder that essentially–though maybe unintentionally–supported the Haaretz report:

But an Israeli government official, speaking on condition of anonymity following diplomatic protocol, said that the Haaretz report did not reflect the position of the prime minister, Benjamin Netanyahu. Mr. Netanyahu spoke cautiously in his first public remarks on the situation in Egypt, telling his cabinet that the Israeli government’s efforts were “designed to continue and maintain stability and security in our region.”

“I remind you that the peace between Israel and Egypt has endured for over three decades, and our goal is to ensure that these relations continue,” the prime minister said on Sunday as Egypt’s powerful Muslim Brotherhood and the secular opposition united around a prominent government critic in hopes of negotiating with the Army for Mr. Mubarak’s departure.

And there you have it: The U.S. has been supporting a very oppressive regime, and that regime is supposedly essential to stability in the region. My question for the realists is and always has been: In the long run, is supporting oppressive regimes in the pursuit of stability the best way to achieve stability? I think not; to wit: the Philippines (Marcos), Iran (the Shah), Iraq (Saddam), and now Egypt (Mubarak)–and that’s just off the top of my head.

There is no long-term stability without freedom, and there is no freedom without democracy. The people must be sovereign.

The Working Group on Egypt – Then and Now

By , January 29, 2011 8:04 pm

The Working Group on Egypt, a group of foreign policy experts brought together by Robert Kagan of the Carnegie Endowment for International Peace, sent a letter to Secretary Clinton April 7, 2010, encouraging her to promote democratic reform in Egypt “in advance of the upcoming . . . parliamentary elections [in 2010] and a presidential election in 2011 . . .”

To me the nut paragraph–the paragraph that virtually jumped off the page–was this one and especially the first sentence (bolded emphasis mine):

The choice is not between a stable and predictable but undemocratic Egypt on the one hand, and dangerous instability and extremism on the other. There is now an opportunity to support gradual, responsible democratic reform. But the longer the United States and the world wait to support democratic institutions and responsible political change in Egypt, the longer the public voice will be stifled and the harder it will be to reverse a dangerous trend. Already there are signs that the Egyptian government plans to restrict opposition candidacies and civil society monitoring of the elections.

Secretary Clinton quickly responded. In a letter dated April 10, 2010, she wrote:

The United States supports free, fair, and transparent elections in Egypt as in any part of the world. Although the decision of who will run in or win the elections belongs to the Egyptian people alone, we have consistently encouraged the Egyptian government to adopt further political reforms to open political processes to wider participation and representation. We also believe it is important for Egypt to expand public discourse and relax restrictions on NGOs, political parties, journalists, and bloggers. Such action would increase the space for greater political participation and lead to greater transparency in Egypt’s electoral process.

Senior Administration officials have engaged with the Government of Egypt in an ongoing, important dialogue with Egyptian civil society representatives and NGOs who share the desire for political reform and expanded democratic participation in Egypt. This Administration values its dialogue on these issues.

A month later, the Working Group wrote again, emphasizing the need to act now and to persuade Mubarak to “lift the state of emergency now, as the critical election period begins.”

That was then, now is now. Egypt is in an uproar, many of its citizens having taken to the streets. Today the Working Group issued a statement that, among other things, asked the Obama administration to press the Egyptian government to “publicly declare that Hosni Mubarak will agree not to run for re-election,” and for the administration to “suspend all economic and military assistance to Egypt until “the government accepts and implements these [and other] measures.”

According Laura Rozen at Politico, Kagan, has not been impressed with the Obama administration’s efforts:

“We are paying the price for the fact that the administration has been at least of two minds on this stuff, and we should have seen it coming,” said Robert Kagan, co-chair of the bipartisan Egypt working group, regarding what many analysts now say is the inevitable end of Hosni Mubarak’s thirty year reign as Egypt’s president.

Though the Obama administration has tried to look like it’s not picking sides in urging restraint from violence amid five days of Egyptian unrest calling for Mubarak to step down, “the U.S. can’t be seen as neutral when it’s giving a billion and a half dollars” to prop up the Mubarak regime, Kagan said.

I’m just getting up to speed on what’s happening in Egypt. In any case, I am not an expert on Egypt–or even the Middle East. Nevertheless, I’ve been concerned about Mubarak for a long time. I’ve been equally concerned that the Realists don’t get it: long term, guys like Mubarak are not good for their people–a given–and not good for the United States. We should have been encouraging him to retire a long time ago. We shouldn’t be supporting him now.

Hadley Arkes and Encounters to Flip Over

By , January 20, 2011 11:52 pm

Hadley Arkes spoke this evening in the Harold B. Lee Library Auditorium at Brigham Young University. Until I saw a poster on campus advertising his up-coming speech on Constitutionalism and Its Presupositions, I had never heard of him, even though he is apparently at the front in the battle to save traditional marriage and to abort abortion.

Afterwards, I did the obligatory Internet search on his name and also visited a new webzine he and others just launched. The Catholic Thing is now bookmarked on my computer.

His most recent contribution is titled Ave Maria University: A Challenge Among Friends, a piece in which he recounts a conversation he had recently with a friend, a Harvard grad, who now has two daughters at Ave Maria and promises never to send his children to Harvard because, according to Akres,

The new sexual ethic, whether on pornography, promiscuity, abortion, homoeroticism, is so pervasive, touching every aspect of life, that there is little room for those who will not pay homage to that reigning ethic.

I understand the man’s concern. I sent a daughter to Berkeley. However, I find myself more in agreement with Akres:

He may indeed be right. But I think of Fr. Benedict Ashley, a central figure in teaching on the theology of the body. Ben Ashley, in the 1930s at the University of Chicago, was a flaming atheist and perhaps a Communist – until he met Mortimer Adler, who confronted him with Aquinas and natural law, and flipped him. That flipping produced a writer who has educated several generations of Catholics.

Substitute Mormon for Catholic–or don’t–and I must thank the many intelligent and eloquent believers who labor in Babylon to shepherd God’s stray and sometimes confused lambs back into the fold, turning some of them into intelligent and eloquent defenders of the faith in the process.

By the way, as Adler did to Ben Ashley, Akres did to me. No, I’m still Mormon, but I am a Mormon who will be reading much more about natural law, beginning with Arkes’s book Natural Law & the Right to Choose.

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