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Posts Tagged ‘George Will’

I have to give the Washington Post credit. It may have a bias for statism, but at least they have some diversity on the op-ed pages. Less than two months after E.J. Dionne wrote an embarrassing column showing he didn’t understand the difference between untrammeled majoritarianism and a constitutional republic, the Post publishes a terrific piece by George Will on the proper role of the Supreme Court.

Here’s some of what George Will wrote.

…a vast portion of life should be exempt from control by majorities. And when the political branches do not respect a capacious zone of private sovereignty, courts should police the zone’s borders. Otherwise, individuals’ self-governance of themselves is sacrificed to self-government understood merely as a prerogative of majorities. The Constitution is a companion of the Declaration of Independence and should be construed as an implementation of the Declaration’s premises, which include: Government exists not to confer rights but to “secure” preexisting rights; the fundamental rights concern the liberty of individuals, not the prerogatives of the collectivity — least of all when it acts to the detriment of individual liberty. Wilkinson cites Justice Oliver Wendell Holmes as a practitioner of admirable judicial modesty. But restraint needs a limiting principle, lest it become abdication. Holmes said: “If my fellow citizens want to go to Hell I will help them. It’s my job.” No, a judge’s job is to judge, which includes deciding whether majorities are misbehaving at the expense of individual liberty. …The Constitution is a document, one understood — as America’s greatest jurist, John Marshall, said — “chiefly from its words.” And those words are to be construed in the bright light cast by the Declaration. Wilkinson worries about judges causing “an ever-increasing displacement of democracy.” Also worrisome, however, is the displacement of liberty by democracy in the form of majorities indifferent or hostile to what the Declaration decrees — a spacious sphere of individual sovereignty.

I offered my two cents on this issue, rhetorically asking why the Founding Fathers would have bothered listing enumerated powers if the interstate commerce clause was designed to be a blank check for politicians in Washington.

But Thomas Sowell, as usual, wrote about the issue with greater eloquence and clarity.

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The world is filled with evil governments run by evil people who do evil things to innocent people. Libya is a stark example of this tragic reality. But that does not necessarily mean it is the responsibility of the United States government to intervene in Libyan affairs – particularly if there is no clear mission or implication for U.S. national security.

George Will opines on this issue today, asking more than a dozen probing questions about the wisdom of another nation-building experiment in the Muslim world. This excerpt has a handful of the questions that I think are most important. I’m especially concerned that the U.S. government might intervene after asking permission from the kleptocrats at the United Nations – thus doing the wrong thing in the worst possible way.

Today, some Washington voices are calling for U.S. force to be applied, somehow, on behalf of the people trying to overthrow Moammar Gaddafi. Some interventionists are Republicans, whose skepticism about government’s abilities to achieve intended effects ends at the water’s edge. All interventionists should answer some questions:

The world would be better without Gaddafi. But is that a vital U.S. national interest? If it is, when did it become so? A month ago, no one thought it was.

Before we intervene in Libya, do we ask the United Nations for permission? If it is refused, do we proceed anyway? If so, why ask? If we are refused permission and recede from intervention, have we not made U.S. foreign policy hostage to a hostile institution?

Would it be wise for U.S. military force to be engaged simultaneously in three Muslim nations?

I’m surely not an expert on these issues, but my aversion to nation building does not mean I’m opposed to slapping around people who attack the United States. If the President happened to drop a cruise missile on Gaddafi and said it was a delayed response for the Pan Am Lockerbie bombing, I wouldn’t lose a second of sleep.

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George Will argues that the answer should be no. I’m not a lawyer, but I think he makes a compelling case regardless of how one feels about immigration in general or the specific issue of how to deal with illegals:

A simple reform…would bring the interpretation of the 14th Amendment into conformity with what the authors of its text intended, and with common sense, thereby removing an incentive for illegal immigration. To end the practice of “birthright citizenship,” all that is required is to correct the misinterpretation of that amendment’s first sentence: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” From these words has flowed the practice of conferring citizenship on children born here to illegal immigrants. A parent from a poor country, writes professor Lino Graglia of the University of Texas law school, “can hardly do more for a child than make him or her an American citizen, entitled to all the advantages of the American welfare state.” …If those who wrote and ratified the 14th Amendment had imagined laws restricting immigration — and had anticipated huge waves of illegal immigration — is it reasonable to presume they would have wanted to provide the reward of citizenship to the children of the violators of those laws? Surely not. …Congress has heard testimony estimating that more than two-thirds of all births in Los Angeles public hospitals, and more than half of all births in that city, and nearly 10 percent of all births in the nation in recent years, have been to mothers who are here illegally. Graglia seems to establish that there is no constitutional impediment to Congress ending the granting of birthright citizenship to those whose presence here is “not only without the government’s consent but in violation of its law.”

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Watch it here.

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