Sophomoric Libertarianism

From “The Liberalism of John Paul II,” by Father Richard John Neuhaus:

Liberalism, needless to say, is a wondrously pliable term. There is the laissez-faire economic liberalism condemned by Leo XIII in Rerum Novarum, and also by John Paul II. In American political culture that liberalism goes by the name of libertarianism, and, despite its many talented apologists, including Charles Murray (no relation to John Courtney), it has never acquired many adherents beyond what Russell Kirk called its “chirping sectaries.” In the American context, libertarianism remains in the largest part a thought experiment for college sophomores of all ages.

There’s something to that last sentence — a lot, actually. I find it true of many blogospheric libertarians, and especially true with respect to the anarcho-capitalist branch of libertarianism. There, the state is rendered unnecessary, and therefore illegitimate, because the lambs who would dwell together in idyllic contractarianism believe that they can keep the lions at bay by closing their minds to the real world of real people and thinking of Lew Rockwell.

(Thanks to Keith Burgess-Jackson for the pointer to Fr. Neuhaus’s article.)

Related posts:
Defense, Anarcho-Capitalist Style
But Wouldn’t Warlords Take Over?
My View of Warlordism, Seconded
Anarcho-Libertarian Stretching
QandO Saved Me the Trouble

Hanging Separately

Norman F. Hapke Jr. has an insightful post at The American Thinker. In “The Antiwar Crowd Forgets We’re All in This Together,” he writes:

Wellington is reputed to have said, “A great nation cannot fight a small war.” His country’s success in the 19th century belied that idea for Great Britain, but our experience in Viet Nam and Iraq lends some credence to the phrase. In neither place were we ever in any danger of losing militarily, but in each our adversaries have focused on the real center of gravity, our self-confidence and will-to-win.

Our enemies are vile and heartless but they are not stupid. There is a direct bright line from the Buddhist monk’s self-immolation in Saigon in 1963 through Somalia in 1998 to Abu Ghraib and every suicide bomber driving the streets of Baghdad today. They know we are susceptible to what the media, by its institutional imperative, wants to show us, and they exploit our openness. That fact of our society is a given.

What is not a given is how our elites have reacted. . . .

Our elites and politicians have failed to realize that the best chance we have of winning this war quickly and with minimum losses is if our adversary sees a united, resolute America putting its disagreements aside so that it can bring maximum power and ingenuity to bear on achieving its objectives. If we foreclose the only avenue they have of ever coming close to defeating us, the war will soon be resolved. We can argue the origins of the war, the faulty intel, and all those presently irrelevant issues when our boot is on the bloody neck of the last terrorist. Until then we should concentrate on winning. No one on this planet can defeat us. We can only defeat ourselves.

Precisely. I concluded “Shall We All Hang Separately?” with these thoughts:

The Left has, by its words and deeds over the decades, seceded from the mutual-defense pact of the Constitution. The Left has served notice that it will do everything in its power to weaken the ability of those Americans who aren’t post-patriotic to prepare for and execute an effective mutual defense.

Lincoln said, “A house divided against itself cannot stand.” And Lincoln was right, but he was able to reunite the “house” by force. That is not an option now. The Left has more effectively seceded from the Union than did the Confederacy, but the Left’s secession cannot be rectified by force.

And so, those Americans who wish “to provide for the common defence” are forced to share a foxhole with those post-patriots who wish to undermine “the common defence.”

If the Left’s agenda prevails, we shall indeed all hang separately.

More about Just War

Edward Feser replies to a reply from David Gordon on the subject of just war. For background, read my earlier post about the Feser-Gordon exchange, and follow the links therein. Feser’s latest is here.

Thomas Woods and War

Thomas Woods, who earned a bit of blogospheric notoriety for his book, The Politically Incorrect Guide to American History (which I own and have read), later endorsedNeoconned and Neoconned Again, two new collections of essays that make just about every argument you can think of against the war in Iraq.” Woods’s endorsement of the Neoconned books is unsurprising, given his indiscriminate embrace of the non-aggression principle, so beloved of paleo-libertarians.

I am not here to rehash the non-aggression principle, having thoroughly dismissed it in several earlier posts. (See this, this, this, this, and this.) Suffice it to say that Woods adheres to the principle with deranged fervor. (In addition to Politically Incorrect, read his oeuvre at LewRockwell.com.) Woods’s embrace of the fatuous, suicidal, non-aggression principle fatally undermines his credibility as a critic of the war in Iraq. A review of Politically Incorrect at History News Network concludes with this:

Woods condemns Roosevelt, with much justice, for his concessions to Stalin at the Tehran and Yalta Conferences. He seems to be aware that not only did Soviet domination of Eastern Europe create unspeakable misery for its inhabitants, but that it was not in American interests. But a Europe run by Prussian militarists or the SS? That’’s something we could have happily coexisted with, apparently.

Conversely, he praises Reagan for having “challenged the Soviet Union to tear down the Berlin Wall and defeated Communism, while hardly firing a shot.” Reagan didn’t have to fire a shot because he had challenged the USSR by more meaningful measures than his plea to Gorbachev to tear down the Wall. Among other things, in a provocative, interventionist act roundly condemned by Paleos and Liberals alike, he placed intermediate-range missiles in Europe.

Politically-correct history is offensive not because it seeks to celebrate the accomplishments of privileged groups, but because, in ignoring or denigrating the accomplishments of others and exaggerating or inventing their crimes, it does violence to the historical record. Particularly in his discussion of events in Europe in the 20th century, Woods’s contempt for the evidence is as thoroughgoing as that of any p.c.-textbook-writing hack. It does students no service to expose one set of myths if you’re going to substitute another.

The conclusion of a review of Politically Incorrect at reason sums it up:

Woods is a bad ally for libertarians, though his message may appeal to those who can’’t distinguish the flaws of America from those of outright despotisms. Decentralization is an important libertarian value, but surely our first principle is individual liberty; and nothing is more inimical to liberty than slavery or totalitarianism. The Civil War may not have begun as a war for abolition, but it nonetheless led to the end of slavery and to fuller enfranchisement of blacks in the North. And U.S. intervention in World War II and the Cold War may have been vital to defeating totalitarianism. On those two crucial battles, Woods is wrong.

I enjoyed Politically Incorrect for its irreverence and feistiness, but Woods’s deep cynicism about the wars America has fought had become tiresome and whiny by the time he reached World War II. (As for the Civil War, about which Woods is unhinged, read this.)

Given the reality of German, Japanese, Soviet, North Korean, Chinese, Iraqi, and Islamist aggression, it is simple-minded sophistry to paint America as a war-crazed, militaristic, imperialist, aggressor. America’s presidents and Congresses haven’t always been right in their decisions to go to war, but it’s better to be wrong at times than to be foolishly, consistently, against war when liberty is at stake — as it always is in a world crawling with real aggressors.

Selected bibliography:

Incorrect History (a review of Politically Incorrect by Max Boot, posted at The Weekly Standard, 02/15/05)
The Purgatory of an Inadvertent Public Intellectual (an article by Woods, posted at the Ludwig von Mises Institute website, 03/16/05)
Final Thoughts on Thomas Woods and His Critics (a post by “william” at Southern Appeal, 03/21/05)
A Factually Correct Guide for Max Boot (an article by Woods that ran in the 03/28/05 issue of The American Conservative)
Response to My Critics (an article by Woods, posted at LewRockwell.com, 04/12/05)
Behind the Jeffersonian Veneer (a review of Politically Incorrect by Cathy Young, which ran in the June 2005 issue of reason)
Political Correctness in The Politically Incorrect Guide to American History (a review of Politically Incorrect by Jeff Lipkes, posted at the website of George Mason University’s History News Network, 06/06/05)
The Case Against This Monstrous War (Woods’s review of Neoconned and Neoconned Again, posted at Lew Rockwell.com, 11/09/05)

Related posts:

Defense, Anarcho-Capitalist Style
But Wouldn’t Warlords Take Over?
My View of Warlordism, Seconded
The Fatal Naïveté of Anarcho-Libertarianism
Anarcho-Libertarian “Stretching”
More Final (?) Words about Preemption and the Constitution
QandO Saved Me the Trouble
Comrade Gorbachev, Sore Loser
What If We Lose?

A Footnote about "Eavesdropping"

My rather long post about “Privacy: Variations on the Theme of Liberty” includes a reading list that I update from time to time. Here’s the current version:

President had legal authority to OK taps (Chicago Tribune)
Our domestic intelligence crisis (Richard A. Posner)
Many posts by Tom Smith of The Right Coast (start with “Thank You New York Times” on 12/16/05 and work your way to the present)
Eavesdropping Ins and Outs (Mark R. Levin, writing at National Review Online)
The FISA Act And The Definition Of ‘US Persons’ (Ed Morrissey of Captain’s Quarters)
A Colloquy with the Times (John Hinderaker of Power Line)
September 10 America (editorial at National Review Online)
A Patriot Acts (Ben Stein, writing at The American Spectator)
More on the NSA Wiretaps (Dale Franks of QandO)
The President’s War Power Includes Surveillance (John Eastman, writing at The Remedy)
Warrantless Intelligence Gathering, Redux (UPDATED) (Jeff Goldstein, writing at Protein Wisdom)
FISA Court Obstructionism Since 9/11 (Ed Morrissey of Captain’s Quarters)
FISA vs. the Constitution (Robert F. Turner, writing at OpinionJournal)
Wisdom in Wiretaps (an editorial from OpinionJournal)
Under Clinton, NY Times Called Surveillance a Necessity (William Tate, writing at The American Thinker)
LEGAL AUTHORITIES SUPPORTING THE ACTIVITIES OF THE
NATIONAL SECURITY AGENCY DESCRIBED BY THE PRESIDENT
(U.S. Department of Justice)
Terrorists on Tap (Victoria Toensing, writing at OpinionJournal)
Letter from Chairman, Senate Intelligence Committee, to Chairman and Ranking Member of Senate Judiciary Committee
Letter from H. Bryan Cunningham to Chairman and Ranking Member of Senate Judiciary Committee
Has The New York Times Violated the Espionage Act? (article in Commentary by Gabriel Schoenfeld)
Point of No Return (Thomas Sowell, writing at RealClearPolitics)
Letter from John C. Eastman to Chairman of House Judiciary Committee
FISA Chief Judge Speaks Out, Bamford Misinforms (a post at The Strata-Sphere)
DoJ Responds to Congressional FISA Questions (another post at The Strata-Sphere)

To that list I now add two posts at Power Line, in which John Hinderaker and Scott Johnson assess the testimony of five former judges of the Federal Intelligence Surveillance Court who testified recently before the Senate Judiciary Committee. From the transcript (as quoted in Hinderaker’s post):

Chairman Specter: I think the thrust of what you are saying is the President is bound by statute like everyone else unless it impinges on his constitutional authority, and a statute cannot take away the President’s constitutional authority. Anybody disagree with that?

[No response.]

Chairman Specter: Everybody agrees with that.

The president’s inherent constitutional authority includes the use of surveillance against foreign nationals — even if a U.S. citizen in the U.S. happens to be on the other end of the phone line or e-mail exchange. That point is reinforced by this passage from Johnson’s post:

Senator Hatch . . . pursued a series of hypothetical questions that he posed to Judge Kornblum regarding the admissibility in criminal trials of evidence obtained indirectly from the NSA surveillance program:

Judge Kornblum: To be admissible, the evidence would have had to have been lawfully seized or lawfully obtained and the standard that the district judge would use is that, depending upon where this is, is the law in his circuit. In most of the circuits, the law is clear that the President has the authority to do warrantless surveillance if it is to collect foreign intelligence and it is targeting foreign powers or agents. If the facts support that, then the district judge could make that finding and admit the evidence, just as they did in Truong-Humphrey.

(Emphasis added.) Judge Kornblum’s reference to Truong-Humphrey is to the federal appellate cases that acknowledge[s] [a] president’s inherent authority to order warrantless foreign intelligence surveillance, previously discussed by John here.

So, let’s knock off this nonsense about “illegal wiretaps” and get on with finding the bad guys. Actually, I’m sure that’s precisely what Bush and company are trying to do, in spite of the ankle-biters in the media and Congress.

What If We Lose?

Today’s featured article at OpinionJournal is “What if We Lose? The consequences of U.S. defeat in Iraq.” It’s a good reminder that those who clamor for withdrawal from Iraq haven’t thought through the consequences of their position. They want the “benefits” — no more American casualties (though the Americans are volunteers), a smaller defense budget, and the “good will” of “allies” like France — but they fail to address the costs. The OpinionJournal piece does a pretty good job of addressing the costs.

American History Since 1900

I have completed Part One of “American History Since 1900.” I am writing the series for my grandchildren, as an alternative to the standard history texts, which extol the virtues of big government and ooze political correctness.

Part One, which is about the Presidents of the United States in the 20th and 21st centuries, is organized chronologically. It discusses the major events during each President’s time in office. Part Two will give more details about major world events that have affected the United States, and will then focus on major political, social and economic trends in the United States. Part Three will discuss the major technological advances that enable Americans of today to live much better than Americans of 1900. Part Four will explain how the growth of government power since 1900 has made Americans much worse off than they should be.

A major theme of this history is the role of government in the lives of Americans. The increasing role of government has been the major development in American history since 1900. Many Americans today take for granted a degree of government involvement in their lives that would have shocked Americans of 1900. There are other important themes in this history, but the growth of government power overshadows everything else. Why is that? It is because the growth of government power means that Americans have less freedom than they used to have, which is far less freedom than envisioned by the founding generation that fought for America’s independence and wrote its Constitution.

Progress on Iraq

Now that the al Qaeda-Saddam link has been revealed, can the truth about Saddam’s WMD be far behind?

For more, see Malkin.

Dealing with Moussouai

Almost a year ago

Zacarias Moussaoui pleaded guilty . . . to taking part in a broad al Qaeda conspiracy that resulted in the Sept. 11, 2001, attacks, saying Osama bin Laden personally instructed him to fly an airplane into the White House.

It now seems possible that Moussaoui may not be sentenced to death. (You can follow all the action here.) There must be options; for example:

1. Imprison Moussaoui but do not sequester him.

2. Drop him off outside the gate of a U.S. military encampment in Iraq, armed with an empty Uzi — and wearing his orange jump suit.

3. Announce that he will be released from custody at Ground Zero at a certain time, and that he will be wearing his orange jump suit (with leg-iron accessories).

It would only be fair to let Moussaoui choose from among the options.

About That "Final Showdown"

I wrote about it here. Today’s relevant postings include these:

Michael Barone on “What to do about Iran?” at Barone Blog

An address on “The Perils We Face” by U.S. Rep. Curt Weldon (reprinted at frontpagemag.com)

David Limbaugh at townhall.com — “In WoT, perfect must not be enemy of good

For Muslim [Dr. Wafta Sultan] Who Says Violence Destroys Islam, Violent Threats” (transcript of interview here)

Purported “last warning to American people,” courtesy of MEMRI

I close with this apt comment by my son:

If there are crimes in a higher culture, there are also remedies and efforts to combat them. No one has ever heard of barbarians “reforming” themselves. Only the civilized man can condemn savagery.

The U.S. to Europe’s Rescue . . .

. . . again? Probably.

Whiners — Left and Libertarian

I have come to the conclusion that the well-spring of whining is a cosseted existence. Thus the American Left (in particular, the rich-to-ultra-rich-Left) — which reaps the economic benefits of liberty under the rule of law — has the luxury of denigrating capitalism, celebrating terrorism, and pushing a degenerate agenda that threatens the social cohesion which is necessary to ordered liberty.

Over on the “libertarian” side there are many (too numerous to link) who seem to equate almost any preventive effort to detect and defeat terrorists as a threat to liberty — even as a form of “enslavement,” for example. And yet . . . there has been no “chilling” of free speech (far from it), American citizens (except a couple of known enemy combatants) have not been held incommunicado, and Americans are not being rounded up and made to show their “papers.”

In short, life proceeds apace, except in the fevered imaginations of libertarian purists and their brethren of the Left. Their ideal world has no room in it for the dirty, day-to-day business of preserving liberty. Liberty is something that simply must exist effortlessly, experience to the contrary. Nothing less than a world of perfect liberty will do — in the perfect stateless world of libertarian purists, and in the perfect (and self-contradictory) state-designed world of Leftists.

What rich Leftists and libertarian purists have in common is their detachment from reality. They take for granted the degree of liberty that they enjoy because of the rule of law. Rich Leftists don’t have to live in the real world. When they choose to go there they are only slumming (with bodyguards), and they can leave when they wish. Libertarian purists may encounter the real world, but its orderliness deludes them. They object to the state when it inconveniences or offends them, but they fail to remark that the state (not its absence) is what enables most of them to survive the real world.

In sum, the worldviews of rich Leftists and libertarian purists are delusions made possible by the ordered liberty in which they live. They are like rebellious adolescents who accept the largesse bestowed on them by the very parents whom they disdain, despise, and even reject.

Related:

AnalPhilosopher: Richard A. Posner on Utopianism
Moi: The Fatal Naïveté of Anarcho-Libertarianism, A Dissonant Vision

Negotiating with Fanatics: Part II

Iran negotiator announces:
We duped West on nukes
Top Tehran negotiator tells Islamic clerics,
academics talks convinced EU nothing afoot

To repeat (from 02/19/06):

“If you reward cruelty with kindness, with what do you reward kindness?”
–Hillel

Related: Rick Moran’s piece at The American Thinker about how “The left hasn’t learned a damned thing from 9/11.”

(Thanks to Dr. Helen for the quotation from Hillel.)

Comrade Gorbachev, Sore Loser

Mikhail sez:

At a meeting with foreign reporters this week, Gorbachev blamed the United States for losing a chance to build a safer and more stable world following the Soviet demise.

“Ending the Cold War was given as a gift” to the United States. . . .

Right.The fact that you couldn’t afford to keep up with the U.S., militarily, had nothing to do with it, eh?

The Associated Press, of course, refuses to credit Ronald Reagan, the man who make Mikhail cry “uncle” — describing Gorby as

[t]he man who ended the Cold War and launched democratic reforms that broke the repressive Soviet regime . . .

The press, for the most part, opposed Reagan’s defense buildup because (in the press’s view) it was certain to lead to war with the USSR. The buildup had just the opposite — and intended — effect of ending the threat of war with the USSR. But rather than admit that, the press likes to pretend that the end of the Cold War was Gorbachev’s doing. It’s like saying that James J. Braddock was responsible for Joe Louis’s acsencdancy to the heavyweight boxing championship.*
___________
* For those of you who don’t know about Joe Louis’s career, he won the heavyweight championship on June 22, 1937, by knocking out Braddock (the defending champ) in the eighth round of their title fight.

Anti-Western Values, in the West

UPDATED

I came across two three excellent posts today. There’s “Oncoming” at davidwarrenonline, which includes this:

It is only in retrospect that we understand what happened as the 1930s progressed — when a spineless political class, eager at any price to preserve a peace that was no longer available, performed endless demeaning acts of appeasement to the Nazis; while the Nazis created additional grievances to extract more.

This is precisely what is happening now, as we are confronted by the Islamist fanatics, whose views and demands are already being parroted by fearful “mainstream” Muslim politicians. We will do anything to preserve a peace that ceased to exist on 9/11. Not one of our prominent politicians dares even to name the enemy.

And there’s “The Suicidal Left: Civilizations and their Death Drives” at The American Thinker, in which Vasko Kohlmayer observes:

Deeply averse to the West’s moral code, the Left contemptuously refers to it as bourgeois morality. It denigrates the West’s cultural triumphs, contending they are no more unique than those of other societies. It disparages the West’s past by painting it as nothing more than an amalgamation of oppression, exploitation and all-around ignominy.

Scoffing at the notion of the limited State, the Left rejects the climax of western political tradition. And the Left, of course, despises free market capitalism – the West’s economic foundation – which it claims to be inherently exploitative, unfair or worse.

The Left, however, does not confine itself to mere criticism, but aggressively seeks to transform its anti-Western attitude into reality. Even a cursory glance at some of its successes should give us an idea of just how effective its efforts have been.

Virtually demolishing the West’s traditional morality, the Left has managed to legitimize promiscuity, illegitimacy, abortion and homosexuality. This transformation has reached a point where in many quarters these behaviors are not only considered acceptable but outright commendable.

Through its aggressive atheism, the Left has succeeded in virtually eliminating Christianity from our public arena, and to a large degree from the private sphere as well. This trend has been especially pronounced in Europe where only some seven percent of the population engage in some form of regular religious observance. . . .

The West’s moral decline, the collapse of its religion, economic sluggishness, and the indifference to its own historical and cultural achievements – all this is the Left’s doing. Ominously, it has succeeded in inculcating large segments of the western population with contempt for their own culture and heritage. This is a dire state indeed, for no society that is despised by its own people can go on for very long.

Regardless of its rhetoric or avowed objective, the driving force behind the Left’s every movement is to strike against some aspect of Western society. Environmentalism, for instance, hits at the West’s economic foundation of free-market capitalism. Multiculturalism seeks to unravel its cultural coherence. The gay rights movement strikes at its moral underpinnings, and so on. The Left, of course, will deny the real reason for its actions. But to evaluate the true value of any act we need to look at its effect not the rhetoric behind it. And the effects of the Left’s actions are invariably – in one way or another – destructive to the West.

The Left’s gains have been greatly facilitated by its ingenious modus operandi, which is to cloak its destructive intent in the language of good causes. Civil rights, gender equality, ecological preservation are among some of its favorite ploys. The ostensible caring is not real, for these are not at all what the Left’s efforts are ultimately about.

The West’s greatest threat is neither Islam nor any other external foe. It is its own political Left. All the great ills and woes under which our civilization so agonizingly belabors – and under the weight of which it is slowly sinking – have been either brought on or inflamed by it.

To which I add: The Left’s weakening of the West makes the West more vulnerable to militant Islam.

UPDATE: I have just come across a column by Dennis Prager at townhall.com, where Prager has this to say:

For a decade or more, it has been a given on the Left that Israel is to blame for terror committed against Israelis by Palestinian Muslims (Palestinian Christians don’t engage in suicide terror). What else are the Palestinians supposed to do? If they had Apache helicopters, the argument goes, they would use them. But they don’t, so they use the poor man’s nuclear weapon — suicide terror.

The same argument is given to explain 9-11. Three thousand innocent Americans were incinerated by Islamic terrorists because America has been meddling in the Middle East so long. This was bound to happen. And, anyway, don’t we support Israel?

And when Muslim terrorists blew up Madrid trains, killing 191 people and injuring 1,500 others, the Left in Spain and elsewhere blamed Spanish foreign policy. After all, the Spanish government had sent troops into Iraq.

When largely Muslim rioters burned and looted for a month in France, who was blamed? France, of course — France doesn’t know how to assimilate immigrants, and, as the BBC reported on Nov. 5, 2005, “[Interior Minister Nicolas] Sarkozy’s much-quoted description of urban vandals as ‘rabble’ a few days before the riots began is said by many to have already created tension.” Calling rabble “rabble” causes them to act like to rabble. . . .

[O]ne way to describe the moral divide between conservatives and liberals is whom they blame for acts of evil committed against innocent people, especially when committed by non-whites and non-Westerners. Conservatives blame the perpetrators, and liberals blame either the victims’ group or the circumstances. . . .

We don’t know who will be the next target of Islamic or other murderers from poor or non-Western or non-white groups. All we can know is that liberal and leftist thought will find reasons to hold the targeted group largely responsible.

Related posts:

Lefty Profs
Apropos Academic Freedom and Western Values
Riots, Culture, and the Final Showdown
Government’s Role in Social Decline
Capitalism, Liberty, and Christianity

Misdiagnosing the Problem

The usually clear-thinking Michael Barone goes astray:

Here is a map showing the location of riots protesting the Danish cartoons. And here’s a link to Thomas Barnett’s “nonintegrated gap.” Notice the similarity? Barnett, as faithful readers of this blog will know, argues that the major task before us in the “functioning core” (North America, much of South America, Europe, India, Japan, and East Asia) is to integrate the “nonintegrated gap” (the Muslim world from the Maghreb to Pakistan, Indonesia, as well as the Philippines and part of Andean Latin America) into the free-market, rule-of-law core. The riots occurring largely in the gap (and in Muslim communities in Europe) are just the latest symptoms of the problem.

How has a problem that’s endemic to the cultures of the “nonintegrated gap” become our problem? We don’t force their culture (and the resulting ignorance and poverty) on them, they do it to themselves. For more, read this.

More about Preemptive War

Go to Bellum et Mores, start with “War, the Constitution, and the UN II: Return of the Cosmopolitans” (posted February 19), and be sure to read all the comments (I’m there). Then scroll up to read what Joe Miller’s students have to say about preemption. (Posts on other subjects are interspersed.)

More Final (?) Words about Preemption and the Constitution

In “Final (?) Words about Preemption and the Constitution,” quoting myself, I say that the UN Charter

delimits Congress’s authority to declare war, even though that authority isn’t delimited in the Constitution. (There’s no mention there of “self defense,” for example.) The . . . UN Charter, therefore, amounts to constitutional amendment by treaty. That’s not how the Constitution is supposed to be amended. . . .

I have no problem with treaties that implement powers granted to Congress and the president (e.g., the negotiation and ratification of trade treaties). I have a fundamental problem with a treaty (the UN Charter) that circumscribes the power of Congress to declare war. That isn’t an implementation of a constitutional power, it’s a denial of a constitutional power. . . .

In ratifying the Charter, the Senate essentially surrendered a good chunk of (if not all of) Congress’s constitutional authority to declare war. . . . In other words, if the U.S. were to abide by the letter of the UN Charter (as interpreted by the Security Council, not Congress), the president and Congress would be prevented from taking actions that they judge to be in the best interest of Americans. That, it seems to me, vitiates the Framers’ intent, which was to place the decision about going to war in the hands of the elected representatives of the people of the United States — and certainly not in the hands of foreign powers.

Here is Mr. Justice Black, writing for the U.S. Supreme Court in Reid v. Covert (1957):

Article VI, the Supremacy Clause of the Constitution, declares:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;… .”

There is nothing in this language which intimates that treaties and laws enacted pursuant to them do not have to comply with the provisions of the Constitution. Nor is there anything in the debates which accompanied the drafting and ratification of the Constitution which even suggests such a result. . . .

There is nothing new or unique about what we say here. This Court has regularly and uniformly recognized the supremacy of the Constitution over a treaty. 33 For example, in Geofroy v. Riggs, 133 U.S. 258, 267 , it declared:

“The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States. It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the [354 U.S. 1, 18] government or in that of one of the States, or a cession of any portion of the territory of the latter, without its consent.”

In sum, a treaty (such as the UN Charter) may neither violate nor change the meaning of the Constitution. The UN, in other words, may not in any way usurp the authority of Congress (or the president) to decide when and in what circumstances the U.S. goes to war.

Other relevant cases:

1. . . . a treaty may not enlarge or amend the Constitution of the United States. In the case of New Orleans v. U.S. (10 Pet. 662, 1836), the Court said that Congress cannot by legislation enlarge the Federal jurisdiction nor can it be enlarged under the treaty-making power.

2. Again in Doe v. Braden (16 How. 635, 1853), the Court indicated it thought that the Constitution was superior to a treaty when it stated: The treaty is therefore a law made by the proper authority, and the courts of justice have no right to annul or disregard any of its provisions, unless they violate the Constitution of the United States.

3. Later, in The Cherokee Tobacco Case (11 Wall.616, 620-621, 1870), the Supreme Court stated: It need hardly be said that a treaty cannot change the Constitution or be held valid if it be in violation of that instrument. This results from the nature and fundamental principles of our Government.

Case closed.

A Rant about Torture

Verity at Southern Appeal asks:

I’d love to know where the SA contributors and yellers stand on torture. How many believe that torture is never permissible?

One of her co-bloggers responds:

Torture is never morally permissible.

To which I said:

Think about the implications of what you are saying when you say that “torture is never morally permissible.” If “torture is never morally permissible” one would never torture a terrorist in order to save a city or a kidnapper in order to save a child who has been buried in a container with a limited amount of oxygen — to take but two relevant examples. By the way, torture can work — contrary to the protestations of the anti-torture crowd. How? You get the subject to cough up the information you’re seeking, and you tell him that if the information is incorrect he ain’t seen nothin’ yet. And you can make it proportional, for example, a family for a family unless the information is correct. Of course, I’m talking about situations in which it’s quite clear that the torturee has or can lead you to the information you seek. If that’s not the case, you’re just wasting your time. Cold-blooded. You bet. This isn’t a game of tiddly-winks, it’s a fight to the finish. I think it’s immoral not to save innocent lives. That’s what’s not morally permissible.

For more about the “fight to the finish,” read this.

P.S. Anyone who thinks that abstaining from torture will make the bad guys any less bad hasn’t been paying attention:

September 11, 2001

* * *

Women take the body of their relative killed in a school seizure, in a makeshift morgue in Vladikavkaz, North Ossetia, Saturday, Sept. 4, 2004. The bodies were brought to Vladikavkaz for identification. More than 340 people were killed in a southern Russian school that had been seized by militants, a prosecutor said Saturday. (AP Photo/Sergey Ponomarev)

* * *

Pair of Car Bombs in Iraq Kill Dozens, Including Many Children

By DEXTER FILKINS

Published: September 30, 2004

BAGHDAD, Iraq, Sept. 30 — In one of the most horrific attacks here since the fall of Saddam Hussein, a pair of car bombs tore through a street celebration today at the opening of a new government-built sewer plant, killing 41 Iraqi civilians, at least 34 of them children, and wounding 139 people.

The bombs exploded seconds apart, creating a chaotic scene of dying children and grieving parents, some of them holding up the blood-soaked clothes of their young, and howling in lament. Arms and legs lay amid pools of blood, with some survivors pointing to the walls of the sewer plant, now spattered with flesh….

* * *

ABC News Online
Wednesday, November 3, 2004. 1:50am (AEDT)


Zarqawi group releases beheading video of Japanese hostage

A group led by Al Qaeda-ally Abu Musab al-Zarqawi has showed the beheading of Japanese hostage Shosei Koda in Iraq while he was lying on top of a US flag in an Internet video.

* * *

Two wrongs don’t make a right. But the use of torture in an effort to prevent such acts is right. What’s wrong is a deliberate failure to prevent such acts because of a squeamishness about torture. Torture in such circumstances is a defensive act, not an aggressive or punitive one.

In Related News

UPDATED, 02/17/06
UPDATED, 02/19/06

A few of the things I came have come across today that bear on yesterday’s post aboutRiots, Culture, and the Final Showdown” (ADDITIONS BELOW):

Michael Barone says, “Tom Bevan of www.realclearpolitics.com weighs in on Al Gore’s speech about visas, as does Kathleen Parker in the Orlando Sentinel. I haven’t yet seen any defense of Gore’s comments.” And Michelle Malkin piles on.

Right Angle (the blog of Human Events) notes that “Islam Demands ‘Defamation Law’ of UN.”

WorldNetDaily reports:

The University of Washington’s student senate rejected a memorial for alumnus Gregory “Pappy” Boyington of “Black Sheep Squadron” fame amid concerns a military hero who shot down enemy planes was not the right kind of person to represent the school.

Student senator Jill Edwards, according to minutes of the student government’s meeting last week, said she “didn’t believe a member of the Marine Corps was an example of the sort of person UW wanted to produce.”

Then, there’s Russia, which we should not count among our allies. Alexandros Petersen offers particulars at TCS Daily.

P.S., Thanks to Maverick Philosopher for plugging “Riots, Culture. . .”

ADDITIONS, 02/17/06:

John Mandez at The American Thinker says that because

American forces cannot be defeated in the field, [bin Laden’s] last desperate hope is appealing to leftist anti-American guilt at home, and thereby sapping our will. . . . He fully understands that as Iraq draws ever closer to a functioning democracy his medieval theocratic ideology will be summarily rejected and Iraq will serve as a model of what can be accomplished. A beacon of hope in a sea of desperation.

Michelle Malkin is on the case of the U.S. ports that would be handed over to a company that operates out of Dubai.

The RCP Blog has more about Al Gore’s recent anti-American speech in Saudi Arabia.

Best of all, there’s a series of essays (“The Forever Jihad“) by Donald Sensing (One Hand Clapping), which I just discovered. Some excerpts:

[Bin Laden’s] goals are evident from his own declarations and are –

1. Expel America’s armed forces from Saudi Arabia, emplace Islamist regimes and sociopolitical order there and expel all non-Muslims of any sort,

2. Emplace Islamism in the other countries of the Persian Gulf,

3. Then reclaim Islamic rule of all lands that were ever under Islamic control and emplace Islamism there,

4. Convert the rest of the world to Islamism. . . .

Islamism has been defined by scholars such as Gilles Kepel as “political Islam” and it existed long before Osama bin Laden came along. (See my PDF essay on the history of Arab terrorism.) What we call Islamism began some decades ago as a Muslim reform movement and was not originally violent. Islamists generally call for the unification of a Muslim country’s law and social order under the umbrella of sharia, strict Islamic law. The apparati of the state, the mosque and civil society would be a single, organic unity. . . .

So far I have reviewed al Qaeda’s objectives and strategy, explained the distinction between Islamism and jihadism and discussed the theology of Islamic suicide bombings. A short review:

** Islamists call for the unification of a Muslim country’s law and social order under the umbrella of sharia, strict Islamic law. The apparati of the state, the mosque and civil society would be a single, organic unity.

** Jihadism is a war-based, expansive, aggressive form of Islamism for which the use of violence is the central tactic.

** After jihadism swallowed Islamism beginning in the 1970s, they are starting to diverge again, at least a little. But their differences concern not what they want to accomplish, only how.

Islamists are determined that all of human existence be brought under the sway of Islam (as they define Islam, of course). While we rightly continue to worry about and guard against deadly attacks against us by al Qaeda, the long-term menace of Islamism is not jihadism. Jihadists, because they are overtly military in nature, can be effectively (though not always easily) defeated with our own military. Jihadists attack with hammer blows. Remove the hammer and its wielders and construct strong enough shields and the blows and their effects will be reduced.

But Islamism is like a fog that enfolds itself within and around, over and through a society. Western countries have a long tradition of religious freedom, but this freedom is predicated on the presumption that religious freedom will not threaten the political nature and autonomy of the state. . . .

The entry of large Muslim populations into this system, whether entry by immigration or conversion, is a deep challenge to Westernism’s survival. It simply remains to be seen whether Islam itself can be politically pluralist in countries where it holds sway. Islamism, of course, does not even pretend to pluralism. . . .

Simply put, the dictates of the Quran cannot be reconciled with the social mores and liberties of Western society. . . .

From Mohammed’s day until now, Islam has always assumed that it would rule the societies in which it existed. . . .

ADDITIONS 02/19/06:

The Strata-Sphere offers a thoughtful, dissenting view about the case of the U.S. ports:

We are starting to look at ‘them’ and find ways to wall them off from ‘us’, and the rationales are too often generalizations about ‘them’ as opposed to finding instances of real problems with real individuals – irregardless of the ancestral, cultural or religious roots.

The one bugging me right now is the outcries about a UAE company acquiring control of a British company that runs some of our ports. Has anyone heard that this is a British company, using American employees, which is selling a controlling interest to a UAE company?

I hadn’t. By the outcry I thought UAE Muslims were taking complete control of the ports (which, by the way, are also run by the US Coast Guard) and would be smuggling nuclear bombs through them any day now. That is the fear being alluded to that is driving us to create the ‘them’ and ‘us’. The UAE is one of the most western Middle East countries and they have a lot of commercial ties to the West because they have been investing their oil monies to modernize the region. . . .

Looking down the road to what we want to see in the future I see a democratic Middle East with successful growing economies living peacefully (but competing commercially) with the western nations. I see future Japans and Germanys leading the Arab nations out of their current despotism. And nations like the UAE and Kuwait and Qatar are pathfinders for this knew, peaceful future.

And because of fear we are about to do Al Qaeda’s bidding and nip this opportunity in the bud. Because an ‘Arab’ country of ‘Muslims’ is continuing to work its way into the Western economic picture – we are up in arms. . . .

We WANT a modern, peaceful Middle East as an economic partner. We cannot live in fear of every Arab or Muslim or we will fulfill Al Qaeda’s dream and WE will be the ones that divide the world into ‘haves’ and ‘have nots’. We do not target groups and punish them for sharing blood or religion with our enemies. We identify individuals and prosecute them (or kill them) if they are working with our enemies.

Well said.

On the other side of the ledger, there’s always more to say about appeasers, and The American Thinker says it. And Wizbang has this to say about the hypocrisy of America’s media.

In the news:

Muslims Assault U.S. Embassy in Indonesia

At Least 15 Die in Nigeria Cartoon Protest

Nigeria Militants Threaten to Hit Tankers

And so it goes.