THE WANDERER, JULY 13, 2006
JOSEPH SOBRAN'S
WASHINGTON WATCH
A Check on Executive Power
The U.S. Supreme Court stirred a fleeting uproar by
ruling, in a narrow 5-to-3 decision on narrow grounds,
that there are limits on how the Bush administration may
try suspected terrorists being held at the infamous
Guantanamo Bay prison. But this was far from the
"sweeping rebuke" some liberal pundits wishfully called
it. Detainees may still be held without charges forever
and ever.
To hear the liberals, you might get the impression
that the Court had ordered Gitmo closed down. Nothing of
the kind. It merely held ... well, I'm not sure what,
exactly.
Certainly the majority (the five usual liberals)
didn't give the administration the unqualified executive
authority it claimed. This may be a signal that it, the
liberal majority, is at least prepared to limit
presidential war-making powers unless they are
specifically authorized by Congress. For the first time,
the Court has become an active player in the Iraq war.
Since the detainees aren't prisoners of war in the
usual sense -- soldiers in the uniforms of a recognized
state -- the administration argues plausibly that they
aren't protected by the Geneva conventions on POWs.
Giving them all individual trials would create a mare's
nest, and the Court didn't require that.
Still, you have to wonder how many of them were
really fighting the U.S. invaders, and how many were just
hapless men who were at the wrong place at the wrong
time. But nobody is going to try to sort these two
categories out, so some of the detainees are just out of
luck. None of them will be going home for a while.
At any rate, for once I am happy to see the Court's
liberals prevail. It isn't often that they take a stand
against claims of executive power.
Fathers and Sons
Ever the party-pooper, North Korea's "Dear Leader,"
Kim Jong Il, upstaged the Fourth of July festivities and
the launching of the new American space shuttle by doing
a bit of saber-rattling: He test-fired a few missiles and
warned that any American aggression will be answered with
nuclear weapons. Since the only long-range missile
fizzled, the threat seemed no more than Kim's latest
attempt at black comedy.
I guess I'll just never understand North Korean
humor. Is Kim trying to parody President Bush's
bellicosity? Mostly he makes you feel it was a better
world back when their fathers were in power; the sons are
a pair of loose cannons, scaring people to death around
the globe. Both lack their fathers' gravitas. The old men
had their faults, but they never made you feel the end of
the world might be just around the corner.
I can't honestly defend the younger Bush, but at
least he provides some amusement. "The problem with the
French," he has observed, "is that they don't have a word
for 'entrepreneur.'" He has also remarked that "for a
century and a half now, America and Japan have formed one
of the great and enduring alliances of modern times."
(Who says Americans have short memories?) And: "Rarely is
the question asked, 'Is our children learning?'"
But liberals shouldn't laugh too hard at Bush. True,
after an Ivy League education he commits bloopers any
high school honor roll student (and most dropouts) would
avoid, but liberals should ask themselves a simple
question: "Why would most Americans rather be governed by
him than by us?"
Maybe an honest answer to that question would teach
them a bit of humility.
The Vice of Legislation
Sometimes a simple phrase, used for the hundredth
time, can trigger a thought that should have occurred to
you the first time. The other day a book reviewer in THE
WASHINGTON POST commented that John Kennedy is popularly
rated a great president despite his "lack of major
legislative accomplishments." These five words set me
thinking.
In the first place, I suspect that Kennedy's
enduring popularity is due in large part precisely to his
"lack of major legislative accomplishments." In other
words, he left us alone. If it's legislation you want,
Lyndon Johnson was your man; he surely did more to expand
the federal government than any president since
Franklin D. Roosevelt. Has it made him a fond memory?
Hardly.
More basically, why should we think of legislation
as an "accomplishment"? Superfluous laws are burdensome
or tyrannical. Law by its nature means obligation. You
are forced or forbidden to do what the legislation
requires; that is, the moment it passes you are less free
than you were before. Moreover, you will be taxed to pay
for the enforcement of every law.
Why should an increase of coercion and a
corresponding diminution of liberty be regarded as
intrinsically desirable? On the contrary, shouldn't there
be an opposite presumption? Shouldn't the necessity of
compulsion have to be proved in every case?
I never cease to marvel at the inane assumption that
we always need more laws, and that making them is an act
of beneficence. By now we have so many laws that the real
accomplishment would be to repeal most of them, to
simplify them, to condense them, and to make it harder to
pass new ones.
For some impenetrable reason, people who are always
demanding new laws are called "reformers." But as
Chesterton points out, "It is futile to discuss reform
without reference to form." A gross superabundance of
laws is, in fact, the exact opposite of reform.
As a Roman sage put it, "A corrupt society has many
laws." Civilized society had quite enough laws a long
time ago; once you have laws against violence to persons
and property, you hardly need more, beyond a few
definitions and refinements. But the word "enough" no
longer seems to apply to government.
John Kennedy may be overrated, but you can easily
understand why. He reminds us of a receding age of
relative freedom -- which means freedom from government.
The Eyes Have It
Your prayers and my guardian angel have worked a
miracle. In a few days I will have laser surgery on my
eyes, which should take care of the threat to my vision.
I can never adequately thank our Lord, or you, or my
angel, for my deliverance from the terror of blindness.
+ + +
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--- Joseph Sobran
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