The
Rude Pundit has all there is to say about the horrible spectacle that has just (I hope and pray) ended. I suspect we'll keep hearing more and more in days to come, but I hope against hope that it's over.
Now that the media circus is shutting down outside the hospice, I hope we can get a little focus on some other stories I've seen buried in the back pages of my local rag.
Item 1: It is important to remember, in the coming days, as the right wing will start to demonize the judge who wrote this, that Judge Stanley F. Birch Jr. is generally conservative, and was appointed by President George H. W. Bush. The Shrub's very own daddy, and no milquetoast liberal his own self.
"In resolving the Schiavo controversy, it is my judgement that, despite sincere and altruistic motivation, the Legislative and Executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers' blueprint for the governance of a free people -- our constitution.
"I conclude that Pub.L.109-3[Congress' March 21 law] is unconstitutional and, therefore, this court and the district court are without jurisdiction in this case.
"Because these provisions constitute legislative dictation of how a federal court should exercise its judicial functions, the act invades the province of the judiciary and violates the separation of powers principle.
"When the fervor of political passions moves the Executive and Legislative branches to act in ways inimical to basic constitutional principles, it is the duty of the judiciary to intervene. If sacrifices to the independence of the judiciary are permitted today, precedent is established for the constitutional transgressions of tomorrow. Accordingly, we ust conscientiously guard the independence of our judiciary and safeguard the Constitution, even in the face of the unfathomable human tragedy that has befallen Mrs. Schiavo and her family and the recent events related to her plight which have troubled the consciences of many."
Got it? Separation of powers. Violating the principles of the Constitution.
Item 2. This was published in yesterday's New York Times. It is an op-ed piece written by a Republican.
In the Name of Politics
By JOHN C. DANFORTH, Published: March 30, 2005
St. Louis — BY a series of recent initiatives, Republicans have transformed our party into the political arm of conservative Christians. The elements of this transformation have included advocacy of a constitutional amendment to ban gay marriage, opposition to stem cell research involving both frozen embryos and human cells in petri dishes, and the extraordinary effort to keep Terri Schiavo hooked up to a feeding tube.
Standing alone, each of these initiatives has its advocates, within the Republican Party and beyond. But the distinct elements do not stand alone. Rather they are parts of a larger package, an agenda of positions common to conservative Christians and the dominant wing of the Republican Party.
Christian activists, eager to take credit for recent electoral successes, would not be likely to concede that Republican adoption of their political agenda is merely the natural convergence of conservative religious and political values. Correctly, they would see a causal relationship between the activism of the churches and the responsiveness of Republican politicians. In turn, pragmatic Republicans would agree that motivating Christian conservatives has contributed to their successes.
High-profile Republican efforts to prolong the life of Ms. Schiavo, including departures from Republican principles like approving Congressional involvement in private decisions and empowering a federal court to overrule a state court, can rightfully be interpreted as yielding to the pressure of religious power blocs.
In my state, Missouri, Republicans in the General Assembly have advanced legislation to criminalize even stem cell research in which the cells are artificially produced in petri dishes and will never be transplanted into the human uterus. They argue that such cells are human life that must be protected, by threat of criminal prosecution, from promising research on diseases like Alzheimer's, Parkinson's and juvenile diabetes.
It is not evident to many of us that cells in a petri dish are equivalent to identifiable people suffering from terrible diseases. I am and have always been pro-life. But the only explanation for legislators comparing cells in a petri dish to babies in the womb is the extension of religious doctrine into statutory law.
I do not fault religious people for political action. Since Moses confronted the pharaoh, faithful people have heard God's call to political involvement. Nor has political action been unique to conservative Christians. Religious liberals have been politically active in support of gay rights and against nuclear weapons and the death penalty. In America, everyone has the right to try to influence political issues, regardless of his religious motivations.
The problem is not with people or churches that are politically active. It is with a party that has gone so far in adopting a sectarian agenda that it has become the political extension of a religious movement.
When government becomes the means of carrying out a religious program, it raises obvious questions under the First Amendment. But even in the absence of constitutional issues, a political party should resist identification with a religious movement. While religions are free to advocate for their own sectarian causes, the work of government and those who engage in it is to hold together as one people a very diverse country. At its best, religion can be a uniting influence, but in practice, nothing is more divisive. For politicians to advance the cause of one religious group is often to oppose the cause of another.
Take stem cell research. Criminalizing the work of scientists doing such research would give strong support to one religious doctrine, and it would punish people who believe it is their religious duty to use science to heal the sick.
During the 18 years I served in the Senate, Republicans often disagreed with each other. But there was much that held us together. We believed in limited government, in keeping light the burden of taxation and regulation. We encouraged the private sector, so that a free economy might thrive. We believed that judges should interpret the law, not legislate. We were internationalists who supported an engaged foreign policy, a strong national defense and free trade. These were principles shared by virtually all Republicans.
But in recent times, we Republicans have allowed this shared agenda to become secondary to the agenda of Christian conservatives. As a senator, I worried every day about the size of the federal deficit. I did not spend a single minute worrying about the effect of gays on the institution of marriage. Today it seems to be the other way around.
The historic principles of the Republican Party offer America its best hope for a prosperous and secure future. Our current fixation on a religious agenda has turned us in the wrong direction. It is time for Republicans to rediscover our roots.
John C. Danforth, a former United States senator from Missouri, resigned in January as United States ambassador to the United Nations. He is an Episcopal minister.
Item 3. Privatizing the Border Patrol. This story makes me think of Kevin Costner's agonizingly bad "
The Postman", because I think that it could be the genesis of that film's army. You know, the cavalry led by the lunatic former copier salesman.
By ARTHUR H. ROTSTEIN
TOMBSTONE, Ariz. (AP) - Hundreds of volunteers, some of them armed, are expected to take up positions along the Mexican border Friday and begin patrolling for illegal immigrants - an exercise some fear could attract racist crackpots and lead to vigilante violence.
Organizers of the Minuteman Project said the civilian volunteers, many of whom were recruited over the Internet, will meet first for a rally in this one-time silver mining town, then fan out across 23 miles of the San Pedro Valley to watch the border for a month and report sightings of illegal activity to Border Patrol agents.
Minuteman field operations director Chris Simcox described the project as "the nation's largest neighborhood watch group" and said one of the goals is to make the public aware of how porous the border is.
Jim Gilchrist, a retired accountant from Aliso Viejo, Calif., who organized the project, said that some volunteers will carry handguns, which is allowed under Arizona law, but are being instructed to avoid confrontation, even if shot at.
Still, law enforcement officials and human rights advocates are worried about the potential for bloodshed.
Critics contend the project may attract anti-immigrant racists and vigilantes looking to confront illegal immigrants. At least one white supremacist group has mentioned the project on its Web site.
"They are domestic terrorists that represent a danger to the country and could promote a major border conflict that will have serious ramifications and consequences," said Armando Navarro, a University of California-Riverside political science professor and coordinator of the National Alliance for Human Rights, made up mostly of Hispanic activists.
Michael Nicley, chief of the U.S. Border Patrol's Tucson sector, said the volunteers are "not the kind of help the Border Patrol is asking for."
Cochise County Sheriff Larry Dever said he fears immigrant smugglers might open fire on the volunteers.
"I wouldn't anticipate that people of that persuasion would act or react any differently to anybody, citizen or law enforcement alike, if they were confronted and felt like their cargo was in jeopardy," he said.
The project's organizers gave assurances the volunteers will be closely monitored. "If it gets to a situation where someone's life is in danger," said David Helppler, Minuteman security coordinator, "I will end the project."
Project organizers said they expect 800 to 1,000 volunteers. How many might actually show is unclear; similar efforts in the past few years flopped. One of them drew only about a half-dozen people.
On Wednesday, the Homeland Security Department announced that it is assigning 534 additional agents to the porous Arizona border to help keep out potential terrorists and illegal immigrants.
The 370-mile Arizona border is considered the most vulnerable stretch of the 2,000-mile southern border. Of the 1.1 million illegal immigrants caught by the Border Patrol last year, 51 percent crossed into the country at the Arizona border.
Some people in this town nearly 30 miles north of the Mexican border, best known as the site of the 1881 shootout at the OK Corral, are eagerly awaiting the volunteers' arrival.
Tombstone Mayor Andree De Journett thinks of the volunteers as tourists and said they could boost the local economy.
"I've met five or six of them, they haven't been too bad so far," he said, estimating that 500 extra visitors staying for a month could spend $10,000 or more locally per day.
Marilynn Slade, Tombstone's city clerk, said the more attention drawn to illegal immigration, the better.
"The vast majority of the people feel that the feds should be dealing more aggressively with the problem," she said. "There's a huge, huge cry down here."
Item 4: The Draft is Coming, The Draft is Coming. This from Cox News Service.
The United State' all-volunteer military will reach its "breaking point" in Iraq by mid-2006, two experts said, but U.S. and Army officials have rejected plans for a draft
By Bob Dart
Washington - If American forces aren't pulling out of Iraq in a year, a draft will be needed to meet manpower requirements, military analysts warned Wednesday.
With recruitment lagging and no end in sight for U.S. forces in Iraq, the "breaking point" for the nation's all volunteer military will be mid-2006, said Lawrence Korb, a draft opponent and assistant defense secretary in the Reagan administration, and Phillip Carter, a former Army captain and an advocate of conscription.
"America's all-volunteer military simply cannot deploy and sustain enough troops to succeed in places like Iraq while still deterring threats elsewhere in the world," Carter concluded in the March issue of
Washington Monthly.
Korb is a seniour fellow at the Center for American Progress, a liberal think tank, and a senior advisor to the Center for Defense Information. Carter is an attorney who writes on military affairs for Slate.com and other media. They debated at a symposium on the draft Wednesday.
While conceding that the Army, Marines, National Guard and Army Reseve -- the branches serving most in Iraq -- face recruitment difficulties, military officials have denied any ploans to revive the draft, which was replaced by an all-volunteer force in 1973.
"The 'D-word' is the farthest thing from my thoughts," Army Secretary Francis Harvey said at a Pentagon press briefing last week. He said the all-volunteer force has proved its value and applauded the performance of soldiers in Iraq and Afghanistan.
"When you get over there, there's no difference between the active, the Reserves and the National Guard. The quality is high across the board... It's seamless," he said.
During his reelection campaign, President BUsh declared flatly that he would not reinstate the draft. And there is little support for conscription on Capitol Hill.
"Today, no leading politician in either party will come anywhere near the idea -- the draft having replaced Social Security as the third rail of American politics," Carter wrote.
However, the analysts said that the all-volunteer army is on the verge of "breaking" under current circumstances. The 3rd Infantry Division based in Fort Stewart, Ga., and the 4th Infantry Division based in Fort Hood, Texas, are among the units that are being sent back for a second tour in Iraq.
The National Guard and Reserves historically depend on men and women leaving active duty to fill their ranks, Carter pointed out. But they're not going to join if it means they will be sent right back to Iraq in an activated unit, he said. Military men, women and machines are all suffering from repeated deployments.
Korb, assistant secretary of defense for manpower from 1981 through 1985, said the current rotation is unfair to the "patriotic" men and women who voklunteered for military service and are stuck in a cycle in and out of Iraq. SInce only a tiny segment of the populace is sacrificing, there is no poitical pressure to change the system, he said.
"If you had a draft right now, I think you'd be out of Iraq," Korb said.
The American society "hasn't gotten the message that we're at war," agreed Carter.
"Those at peril are completely divorced from those in power," said moderator Mark Shields, a syndicated columnist and TV commentator.
--- And here I (Miz Shoes) would like to point out that if the Bush administration hadn't made it illegal to show our own war dead, if this war was on TV like Viet Nam was, if President Bush even once went to a single military funeral, then maybe the American public would know that we are at war. A real, horrible, killing war.
