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Thursday, May 15, 2008
Graduation Address -- or "Undress"?
Posted by: Carol Platt Liebau at 10:17 PM
Speaking at NYU's graduation, Laurence Tribe -- left wing Harvard Law professor (and, incidentally, an Obama supporter -- told the graduates to thank their parents for having conceived them.

It's a sad sign of the times when an admittedly brilliant academic -- long on the Dems' short list for the Supreme Court -- stoops to sex talk as part of a graduation address.  Whether it was a 65 year old's attempt to sound hip and "with it," or just a dazzling display of crassness and poor taste, it really does make one wish that we could re-establish a public consensus that there are occasions when references to sex are simply out of bounds.




Thursday, May 15, 2008
ProtectMarriage.com
Posted by: Hugh Hewitt at 7:53 PM
A constitutional amendment to the California Constitution will almost certainly qualify to be on the ballot in November as more than a million signatures had already been turned in even prior to the Caluifornia Surpreme Court's putsch today.  You can contribute to the effort and volunteer to help pass it and thus rebuke the out-of-control California Supreme Court at ProtectMarriage.com.

See Justice Baxter's ringing denunciation of the majority's usurpation of the People's rights below.  Then get involved.  You don't have to live in California to help deliver this message.  Advocates of judicial imposition of same sex marriage will be pouring millions of dollars into defeating the amendment, and it will require an enormous effort to send the message that despite the ambitions of judges and cultural elites, majorities do matter in a Republic built on constitutional majoritarianism.

This will be an enormously important election for the future of the country. Marriage is of course a central institution that society must protect and nurture, but the idea of separation of powers and accountability for courts is also a bedrock principle of the rule of law, and it is eroding before our eyes.  The California electorate will be asked to decide if it is willing to be ruled by judges, whether it will simply accept being told what they will do and when they will do it.  I hope every interested citizen in the country, every religious leader fond of religious liberty, every legislator who takes his or her job seriously will grasp that the vote on the marriage amendment on the Califoria ballot is really much much more than just a marriage amendment and concerns far more than just California law --it is a vote on who rules, judges or the People, and its result will mark a decisive beginning of a rollback of judicial imperialism or a capitulation to the courts on this and on any other issue the courts decide to impose their will upon.




Thursday, May 15, 2008
Nothing "False" About Bush Attack
Posted by: Michael Medved at 6:23 PM
Senator Obama acuses President Bush of making a "false political attack" in his speech earlier today at the Israeli Knesset. What is false, exactly, about the President's statement. Bush said:"Some seem to believe that we should negotiate with terrorists and radicals, as if some ingenious argument will persuade them they have been wrong all along."

Hasn't Barack Obama specifically suggested face-to-face negotiations with iranian President Mahmoud Ahmadinejad? And isn't Ahmadine-wack job a "terrorist and radical?" If Iran is the world's leading supporter of terrorism (and it proudly is) doesn't that make the president a terrorist?

And even if you resist the idea of classifying the President of Iran as a "terrorist," surely he counts as a radical, doesn't he?

In what sense, then is, the controverisal passage a "false attack."?

Obama, of course, welcomes a confrontation with the President of the United States -- it enhances his own stature, and President Bush is considerably less popular right now than Barry's real oponent, John McCain.

But concerned citizens ought to look behind the posing and think about the substance of these words -- and how well they really do apply to Senator Obama (even thought Mr. Bush was gracious enough never to mention him by name).




Thursday, May 15, 2008
GetTownhall.com
Posted by: Hugh Hewitt at 6:19 PM
Townhall has launched its new monthly magazine, and we are pleased that Fred Thompson is also going to be contributing via Townhall.com and the magazine to recapturing momentum for the conservative movement.

But don't believe me.  Try the magazine for free for a month by visiting GetTownhall.com.

Or subscribe and get a free copy of Michael Yon's extraordinary new book, Moment of Truth in Iraq.




Thursday, May 15, 2008
Hannity Last Night
Posted by: Amanda Carpenter at 5:14 PM
I only got a few points in, but I think they were good ones. Here's the clips below.






Thursday, May 15, 2008
Politics and the CA Decision
Posted by: Matt Lewis at 4:40 PM
Marc Ambinder reports that Bob Barr supports the CA Supreme Court decision on same-sex marriage.

Reason's Dave Wiegel thinks the CA decision might be bad news for Democrats -- but not as bad as in '04.

FRC "sharply criticized" the decision.




Thursday, May 15, 2008
Stay Classy, Daily Kos
Posted by: Carol Platt Liebau at 3:39 PM
Over at Daily Kos, a blogger has seen fit to intersperse bloody scenes from the Iraq war with photos of Jenna's wedding.  Nice.






Thursday, May 15, 2008
If You're Toes Are Stepped On It's Because Your Feet Are Sticking Out ...
Posted by: Matt Lewis at 3:36 PM
The DailyKos has accidentally told the truth.  A blog post at the liberal site about President Bush's comments in Israel today is aptly titled:  "Bush attacking Obama is Bush attacking all Democrats." 

Of course, this blogger means to make the case that many Democrats -- acting as surrogates -- are rallying to Obama's defense.  This, of course, is a clear signal that Obama is, in fact, the de facto "leader" of the Democratic Party.

... But the title is actually accurate in another way.  Bush wasn't attacking Obama specifically, rather, he was attacking anyone who would appease the terrorists, ore more precisely:  "Bush is attacking all Democrats".

A lot of Democrats are hyper-sensitive about this issue because they know Bush's comments were aimed at them, too ...




Thursday, May 15, 2008
McCain Blogger Call
Posted by: Amanda Carpenter at 3:11 PM
John McCain called Barack Obama's willingness to negotiate with enemies of the United States "unacceptable" in a conference call with bloggers Tuesday afternoon.

"I think it is an unacceptable position and shows Senator Obama does not have the knowledge, the experience, the background to make the kind of judgments that are necessary to preserve this nation," McCain said.

I've posted a wrap-up HERE.







Thursday, May 15, 2008
The Supplemental
Posted by: John Campbell at 2:58 PM

The House is currently considering the supplemental appropriations bill for the troops on the floor.  Aside from the setting of an arbitrary withdrawal deadline, and various other provisions I do not agree with, the supplemental has several domestically directed additions as well as a tax increase to top it all off.

First, this piece of legislation includes language that will expand veteran’s education benefits to the tune of $51.6 billion over ten years.  I don’t think anyone can argue that the modernization of education benefits for veterans is long overdue, but it must be done responsibly.  This expansion of benefits will, according to the Pentagon, and former P.O.W. and Navy Captain, John McCain discourage retention rates among active duty personnel. 

Second, it provides thirteen weeks of unemployment compensation to workers, and for states with unemployment rates that exceed 6%, the benefits would be extended for another thirteen weeks. History shows, that extending unemployment benefits longer actually keeps people unemployed for longer periods of time. Besides, unemployment benefits have nothing to do with this supplemental appropriations bill.

Lastly, Democrats have proposed a job-killing tax increase on individuals making more than $500,000 and couples making more than $1 million. According to the Tax Foundation, nearly 83 percent of filers who will be hit by the Democrat tax increase report some form of income from a small business, sole proprietorship, or partnership. According to ADP, last month, small businesses created 56,000 jobs, while the economy lost 20,000 jobs overall. The last thing we should be doing is raising taxes on the innovators and entrepreneurs who are critical to getting our economy back on track.

Three major domestic aspects of a supplemental appropriations bill that has nothing to do with domestic policy…what’s next?






Thursday, May 15, 2008
A Judicial Outrage
Posted by: Carol Platt Liebau at 2:36 PM
If Republicans want voters to understand the threat to representative self-government posed by an activist judiciary, they need look no further than the outrageous usurpation of legislative authority by the California Supreme Court, which has effectively created a right to gay marriage out of whole cloth.

This is, of course, after the voters of California overwhelmingly approved a law defining marriage as between a man and a woman -- and despite the fact that the California law invests those who register as domestic partners with the same rights and responsibilities accruing to husbands and wives.

Those who want gays to have the right to marry had the right and the power to try to change their fellow citizens' minds.  Instead, like the abortion activists back in 1972, they've chosen to take their case to an unelected judiciary who has seen a hitherto-unimagined right somehow emerge from a "living" document.

It's wrong and an illegitimate use of judicial authority for the state Supreme Court to insert itself into what's essentially a legislative controversy over a moral and religious matter.  Yet, that's what it's done, somehow rearranging the interpretive tea leaves to announce from on high that such a sweeping change will be imposed on Californians --against their explicit, expressed desires eight short years ago.  

This makes a mockery of the concept of self-government.




Thursday, May 15, 2008
CaringforChina.org
Posted by: Hugh Hewitt at 2:10 PM
The China quake death toll could reach 50,000.

Please consider a donation to the earthquake relief fund of CaringforChina.org, an extremely reputable and long serving group operating orphanages and medical clinics in the region hardest hit.

You can contribute online or by sending a check to:

Caring for China
3300 S. Fairview
Santa Ana, CA 92704



A relative of an earthquake victim prays for the dead at the site of a collapsed school building in Wenchuan, Sichuan province, Thursday.
By Aly Song, Reuters
A relative of an earthquake victim prays for the dead at the site of a collapsed school building in Wenchuan, Sichuan province, Thursday.





Thursday, May 15, 2008
The Damage Done By Courts
Posted by: Hugh Hewitt at 1:49 PM
Today's decision by the California Supreme Court is yet another judicial putsch.  It is appalling.  Incredibly, a feverish will to power on the part of small numbers of judges is rapidly eroding a citizen's standing as the ultimate lawgiver.  Courts unbound by any sense of limits, by any sense of restraint, threaten the basic understanding that has long undergirded the Republic --that the laws  proceed from the open consent of the people, and that the ultimate laws, the federal and state constitutions, are documents of fixed meaning and structure, not merely window dressing on the rule of judicial elites or empty phrases waiting for elites to fill them with meaning.

Today's ruling framed the question before the California Supreme Court this way:

 

The question we must address is whether, under these circumstances, the failure to designate the official relationship of same-sex couples as marriage violates the California Constitution.



That was not in fact the central question.  The central question was whether the representative nature of the California state government, including its initiative provisions, would be upheld.

They were not.  The California Supreme Court asserted its ultimate power today in a way that is shameful and deeply destructive of the ability of a free people to govern themselves. 

UPDATE:  From Justice Baxter' opinion partially concurring and partially dissenting:

Only one other American state recognizes the right the majority announces today. So far, Congress, and virtually every court to consider the issue, has rejected it. Nothing in our Constitution, express or implicit, compels the majority’s startling conclusion that the age-old understanding of marriage —an understanding recently confirmed by an initiative law — is no longer valid. California statutes already recognize same-sex unions and grant them all the substantive legal rights this state can bestow. If there is to be a further sea change in the social and legal understanding of marriage itself, that evolution should occur by similar democratic means. The majority forecloses this ordinary democratic process, and, in doing so, oversteps its authority....

But a bare majority of this court, not satisfied with the pace of democratic change, now abruptly forestalls that process and substitutes, by judicial fiat, its own social policy views for those expressed by the People themselves.Undeterred by the strong weight of state and federal law and authority, the majority invents a new constitutional right, immune from the ordinary process of legislative consideration. The majority finds that our Constitution suddenly demands no less than a permanent redefinition of marriage, regardless of the popular will....

I cannot join this exercise in legal jujitsu, by which the Legislature’s own weight is used against it to create a constitutional right from whole cloth, defeat the People’s will, and invalidate a statute otherwise immune from legislative interference. Though the majority insists otherwise, its pronouncement seriously oversteps the judicial power. The majority purports to apply certain fundamentalprovisions of the state Constitution, but it runs afoul of another just as fundamental— article III, section 3, the separation of powers clause. This clause declares that “[t]he powers of state government are legislative, executive, and judicial,” and that“[p]ersons charged with the exercise of one power may not exercise either of the others” except as the Constitution itself specifically provides. (Italics added.)

History confirms the importance of the judiciary’s constitutional role as a check against majoritarian abuse. Still, courts must use caution when exercising the potentially transformative authority to articulate constitutional rights. Otherwise, judges with limited accountability risk infringing upon our society’s most basic shared premise — the People’s general right, directly or through their chosen legislators, to decide fundamental issues of public policy for themselves.

Judicial restraint is particularly appropriate where, as here, the claimed constitutional entitlement is of recent conception and challenges the most fundamental assumption about a basic social institution.

The majority has violated these principles. It simply does not have the right to erase, then recast, the age-old definition of marriage, as virtually all societies have understood it, in order to satisfy its own contemporary notions of equality and justice.






Thursday, May 15, 2008
Sid Blumenthal on John McCain
Posted by: Matt Lewis at 1:31 PM
Former Clinton advisor Sid Blumenthal has some interesting thoughts about John McCain:

"John McCain’s emergence is testimony to the shattering of Bush’s presidency. Without the fracturing of conservatism, McCain would never have become the Republican nominee. It is not an accident, as the Marxists might say, that McCain was Bush’s rival in 2000, a bitterly fought contest that resulted in wounds that are still fresh to McCain. Regardless of McCain’s need to consolidate and conciliate the Republican base–and despite some Democrats’ insistence that McCain is little more than a party line reactionary–he remains an utterly singular figure in the individualistic tradition of Goldwater but lacking Goldwater’s early (at least) extremism. Ironically, at the end of the current Republican era, McCain is the last important Republican whose career stretches back to the Reagan period–and even to the Nixon years as an icon of the Vietnam War. McCain represents continuity and a break with it. His reliance on neoconservatives for foreign policy advice is his most important connection to the Bush legacy.

For McCain to win in the Electoral College, of course, he would have to reassemble the Republican coalition. But he might well have greater appeal and put into play states that dropped out of the G.O.P. alliance under George W. Bush, from New Jersey to California. If McCain did so the result would not be a restoration of Reaganism, but the basis of a post-Bush Republicanism."






Thursday, May 15, 2008
California Now Pro-Gay Marriage
Posted by: Amanda Carpenter at 1:30 PM
Gays and lesbians will now be able to legally marry in the state of California.

The California Supreme Court overturned their state's ban on same-sex marriage today, calling state marriage laws "discriminatory."

Republican Governor Arnold Schwarzenegger released a statement following the decision that said: "I respect the Court's decision and as Governor, I will uphold its ruling. Also, as I have said in the past, I will not support an amendment to the constitution that would overturn this state Supreme Court ruling." 

California is now the second state to allow gay marriage, following Massachusetts.








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