Paul Zummo

Yeah, not much to do in Ohio.

Religious Kook Talks About Evil Existing in the World

Yet another social conservative yahoo railing about evil, abortion, and sin.  A guy like this couldn’t even sniff the presidency.

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Ht: Right Scoop for the video, and Rush Limbaugh for reminding us about it today.

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It is Time to Get Rid of Most Campaign Finance Laws

One of the big items today is news that the Romney campaign is bleeding cash.  Considering his all out assault first on Newt Gingrich, and now Rick Santorum, this comes as no surprise.  Yet while Romney spends more in a day than Santorum spent through most of the campaign thus far (only a slight exaggeration, I think), Santorum continues continues to poll ahead of Romney nationally and is neck-and-neck in Romney’s home state.  Of course Romney still has plenty in reserve thanks largely to his Super PAC.  Even Newt Gingrich’s fledgling campaign is still alive thanks to the generosity of one supporter funding a pro-Newt Super PAC.

These Super PACs have come under fire.  They are the indirect result of the McCain-Feingold campaign finance law, a law which itself amended the Federal Election Campaign Act (FECA), a law meant to restrict the amount of money that individuals could donate to individual candidates.  FECA created a two-tiered structure that basically divided federal contributions into two categories: hard money and soft money.  Professional sports fans probably recognize the terms as related to soft and hard caps, and it’s really the same concept. Under FECA individuals could only contribute $1,000 to a candidate per election cycle.  Yet there were no restrictions placed on “soft money,” meaning contributions to party committees.  This was the original end-run around campaign finance law.  Under the Bipartisan Campaign Reform Act (BCRA), or McCain-Feingold, individual contribution maxes to candidates were raised, but soft money contributions were phased out.  This, in turn, gave rise to other organizations, mainly 527s, which were able to raise unlimited amounts of money to air issue advocacy ads against candidates.  These various organizations are not technically affiliated with any candidate, and it is a violation of campaign finance law for candidates to collaborate in any way with these groups.

So is it time for another set of reforms?  Indeed it is.  And the reform is simple: repeal all these ridiculous (and arguably unconstitutional) provisions, and allow individuals to contribute whatever amount of money they want directly to candidates.

Continue reading

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There Is No Right to Privacy in the Constitution

In other words, Santorum is right and his hardcore libertarian opponents are wrong.

Rick Santorum has stated that he believes that there is no right to privacy in the Constitution.  Therefore, Supreme Court decisions such as Griswold v. Connecticut (striking down Connecticut’s anti-contraception statutes) and Lawrence v. Texas (striking down Texas’s anti-homosexual sodomy laws) were wrong.

Mitt Romney artfully dodged this question at a recent debate, so Santorum’s coming under fire for stating what should be taken as a given among so-called conservative constitutionalists.  As indicated in prior posts, Santorum does not suggest that he would personally favor such laws; in fact he has expressly stated that he would not vote for laws that banned contraception or sodomy.

Santorum’s main fault, evidently, is that he is expressing an originalist understanding of the constitution.  Both of the decisions referenced above were gross miscarriages of constitutional justice.  No matter what you think of the laws in questions, Supreme Court Justices are supposed to decide cases based on the constitution, not their personal policy preferences.   In both cases, the majority opinion was based on policy, though justified with a thin veneer of constitutional justification.

In the case of Griswold, Justice William O. Douglas wrote the famous majority opinion in which he stated that though there is no right to privacy expressly stated in the constitution, it is found in “penumbras” and “emanations” found in other constitutional rights.  Justice Kennedy wrote the majority opinion in Lawrence, relying heavily on the concept of substantive due process, a legal concept that has enabled the Court to completely trample on states’ rights.  In other words, the Court struck down state laws that ran afoul of no direct constitutional prohibition.  The writers of these majority decisions had to contort the plain meaning of the document in order to justify a decision they had already reached without reference to the constitutional text.

Both of these cases sparked notable dissenting opinions.  Potter Stewart in Griswold and Clarence Thomas in Lawrence said much the same thing: the law under consideration is uncommonly silly, and if i were a legislator in this particular state I would vote against such a law.  But my job as a jurist is to determine whether the law is constitutional or not, and neither Stewart or Thomas considered the law in either case to run afoul of the constitution.  The sentiment expressed by both Stewart and Thomas should inform any intellectually honest jurist.

Justice Arthur Goldberg offered a concurring opinion in Griswold that some conservatives have found to be more compelling, citing the Ninth Amendment as justification for striking down the Connecticut statute.  The problem with this rationale is that the ninth amendment ought to be read in conjunction with the tenth.  The Bill of Rights in general were meant to be restrictions placed upon the federal government.  The ninth and tenth amendments exists because the framers of the Bill of Rights fretted that the Bill of Rights would be read to imply that only the rights contained therein were protected.  in fact many of the opponents of the Bill of Rights opposed creating such a list precisely because they believed that a specific enumeration of rights would imply that rights not listed were not protected. So the ninth amendment assures us that the first eight amendments are not an exhaustive list of protections.  But again, this has to be read in light of the purpose of restricting the power of the federal government.  It is not a broad grant of individual rights, but an assurance that the federal government could not augment its reach beyond certain delineated fields. If anything, the ninth amendment should be used as a cudgel against the Court and the federal government in general in their attempts to restrict states rights.

Therefore I find it odd that those who claim to be averse to a centralized, big brother government are content with said government being able to strike down state laws for no other than the laws in question are of questionable value.  It suggests to me that those who cry “Nanny Statist!” with regards to Rick Santorum ought to look in the mirror.

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The Goldilocks Conservative

Rick Santorum has come under fire from right-wing critics for being not conservative enough on fiscal and economic issues, while simultaneously being too conservative on social issues.  In my mind, he’s just right.

On the matter of fiscal policy Santorum has been portrayed as some kind of big government statist.  As a Senator he did cast votes for raising the debt ceiling, for Medicare Part 2, No Child Left Behind, and other big spending programs.  He’s admitted erring on a couple of these votes.  Overall, though, Santorum’s record as judged by free market policy institutes is fairly solid.  The Weekly Standard ran a piece on the National Taxpayer Union’s grading of Santorum, and he compares very favorably to most of his colleagues.   Continue reading

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Newt Fading

I wanted to followup on Don’s post from yesterday about National Review urging Gingrich to exit the race.  As I said in the comments, I owe NRO a slight mea culpa.  I thought that by including Santorum (and Huntsman) with Romney as the candidates they thought worthy of the nomination they were merely blowing smoke.  Yet they have given Santorum fairly favorable coverage, so much so that angry Romney fanboys like Old Fan think that NR is in the tank for Santorum.  I still think the hatchet piece on Gingrich was out of line, so I’m not totally ready to forgive them for that.

As for the actual meat of their suggestion, there is much merit to it.  There have been nine primaries and caucuses thus far.  Gingrich was the landslide winner in South Carolina, but has otherwise done terribly.  He’s finished a distant second twice, and has barely hovered around ten percent in the other contests.  Right now one poll has Gingrich in fourth place behind Ron Paul, and other polls show a clear trend towards Rick Santorum as the favorite among the anti-Romneys.  Now, polls have shifted mightily throughout the campaign season, so Gingrich shouldn’t head for the exits quite yet.  But poor showings in Arizona and Michigan should just about do it for Newt.  Considering the fact that the bulk of his supporters will likely flock to Santorum (where as Santorum supporters are evenly split between Romney and Newt as their backup choices), and that Newt is much more favorably disposed to Santorum than Romney, I would imagine that Newt will not stay in the race if he has another pair of fourth place finishes.

That being said, if National Review wants Gingrich out of the race the last thing it should have done is publish an editorial making this feeling public.  Republican primary voters in general, and Gingrich supporters in particular have, to a large extent, been driven by spite.  It’s practically impossible to read a screed written by a Gingrich supporter that doesn’t mention the “Establishment” once or a dozen times.  Throw in the fact that National Review is already reviled with a special kind of intensity in camp Gingrich – and with good reason – and I can envision Gingrich supporters doubling down.  Newt himself has shown that he is prone to fits of spite, so National Review may have just guaranteed that Newt will stay in the race longer than intended.  In fact I’d submit that if National Review wanted Newt out of the race the best thing it could do is endorse the man.

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Randians on the Right

Speaking as a former Rick Perry supporter, I promise you that not all of us are petulant brats.  I cannot speak for others, unfortunately.

Red State’s all-out assault on Santorum comes as no surprise.  This is a blog that perceives all who fail short of achieving purity as a conservative (whatever that’s supposed to mean) as heretics.  So they have taken a few incidents where Santoum fell short – and in some cases, he did cast a wrong vote or endorsed the wrong candidate – and have now transformed Santorum into some kind of statist.

The shrill attacks on Red State are to be expected.  What’s disappointing is seeing an otherwise insightful blogger like Ace of Spades hyperventilate ignorantly about Santorum.  What set Ace off was this comment by Santorum from much earlier in the campaign:

One of the things I will talk about that no president has talked about before is I think the dangers of contraception in this country, the whole sexual libertine idea … Many in the Christian faith have said, “Well, that’s okay … contraception’s okay.”

It’s not okay because it’s a license to do things in the sexual realm that is counter to how things are supposed to be. They’re supposed to be within marriage, for purposes that are, yes, conjugal … but also procreative. That’s the perfect way that a sexual union should happen. We take any part of that out, we diminish the act. And if you can take one part out that’s not for purposes of procreation, that’s not one of the reasons, then you diminish this very special bond between men and women, so why can’t you take other parts of that out? And all of a sudden, it becomes deconstructed to the point where it’s simply pleasure. And that’s certainly a part of it—and it’s an important part of it, don’t get me wrong—but there’s a lot of things we do for pleasure, and this is special, and it needs to be seen as special.

Ace is displeased: Continue reading

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Other Reactions on the HHS Mandate and the “Compromise”

I don’t have much to add to what’s already been said on the subject other than to express my wonder at who President Obama thinks he is fooling.  Granted I’ve already encountered vacuous leftists using the “but they don’t have to pay for it” talking point, but these are the types of people content to loyally follow Obama over the cliff anyway.

I just wanted to use this space to highlight a few other blogs that have written copiously about this subject.  Ron Kozar thinks this has been something of a missed opportunity for Catholics.

One point, which cries out to be made but isn’t being made, is how stupid it is to buy insurance for something as inexpensive as contraception, even if one has no moral objection to it.

It’s like requiring your auto insurer to cover an oil change, with no deductible.  Thus, rather than simply collecting the money from the consumer, the oil-change mechanic would have to employ a clerk to “process” your insurance and await an eventual check from your auto insurer.  This kind of nonsense – mandating coverage for routine, inexpensive procedures, and relieving the consumer of the need to pay – is one of the larger reasons why the healthcare and health-insurance systems are so utterly out of control.

Another point that cries out to be made but isn’t being made is that the government shouldn’t be dictating the terms of health-insurance benefits to employers in the first place, regardless of the employer’s religion.  The debate is being framed as a question about which package of coverages the federal government should mandate, rather than about whether the feds, or any government, should be dictating any terms at all.

Meanwhile, Jay Anderson has been on fire lately.  He has several blogposts this week worth reading, so just read his blog. Needless to say, I agree that it is time to disinvite certain so-called Catholics to the supper feast of the lamb.

Finally, if you’re not reading Jeff Goldstein’s blog Protein Wisdom, you should be.  Jeff is a Jewish, Santorum supporting, libertarian-conservative, and he’s done just as good a job of getting at why Obama’s actions are so tyrannical as anyone else.  Here’s his take on the compromise.

The problem is, rules or laws that provide exemptions to specific identity groups are ripe for corruption — and there’s no more reason that the federal government should be able to direct insurance companies to provide free contraception that it should the Catholic church. And by making the accomodation a waiver or derivation, Obama is still asserting his own Executive authority to tell private companies how they must spend.

Catholics shouldn’t have to go on bended knee before the State and beg for a conscience exemption for providing the kind of coverage it wishes to provide. And the State should not have the arbitrary power to pick and choose who must follow laws, who gets waivers and exemptions, and so on.

Obama’s “accommodation” is meant solely to hide his underlying power grab: namely, the unstated authority of the State to set these kind of dictatorial demands on private industry, and by extension, on individuals.

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Looks Like A Two-Man Race to Me

Rick Santorum has won two of the three election contests tonight, and as of the time I write this is dead even with Mitt Romney in a state that had been all but conceded to Romney before this weekend.  Santorum has now won three of the eight primaries/caucuses that have been held thus far, and possibly four.  That puts him about even with Romney, and comfortably ahead of Gingrich and Paul in states won.

Admittedly he will be behind Romney in the delegate count, especially considering that no delegates were up for grabs in Missouri.  But 200,000 people went to the polls in Missouri, and a majority of them voted for Santorum (and again, I’ll admit that Gingrich was not on the ballot there).  He drubbed Romney in Minnesota as well.

This primary season has been a wild one, and who knows what will happen in the coming weeks.  The Romney sleaze machine* is already out in full force hitting Santorum.  Santorum is radically underfunded compared to Romney and even Newt, although that makes his victories thus far that much more impressive.  Right now it is looking like a two-man race, but it’s not between Newt and Romney but rather Romney and Santorum.

*: I wrote a post a few weeks back in which I said that Newt was and perhaps still is a jerk.  For the record, Mitt is kind of a jerk, and over two election cycles has proven himself to be a rather despicable campaigner.  For those of you who would vote for Romney in the general election, I suppose the silver lining is that the man is willing to fight dirty.  So at least he’s got that going for him.  Which is nice.

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Real Hypocrisy

President Obama’s decision to accept Super PAC funding is neither surprising or even all that upsetting.  Even though he railed against the Citizens United decision, going so far as to call out the Supreme Court Justices during his State of the Union address in a pique of feigned outrage, nobody who actually has any understanding of who Barack Obama is (meaning people smarter or at least less naive than, say, Doug Kmiec and Kathy Dahlkemper) ever doubted for one moment that he would completely reverse course on yet another promise.

Honestly, there is nothing wrong with Obama’s decision.  Not only did the Supreme Court get it right in the Citizens United case, I think that most of the campaign finance restrictions in this country are either unconstitutional or are simply bad policy choices that actually exacerbate the problems with how campaigns are financed.  Every new regulation only creates some other entity that further eliminates transparency from the process and merely complicates things unnecessarily.

What is amusing is the blatant hypocrisy, and this is one of those rare times when the term actually applies.  The word hypocrite is often thrown around incorrectly.  Jonah Goldberg has been one of the foremost crusaders against the incorrect usage of the term.  A hypocrite is not someone who claims to uphold a certain principle and then falls short of meeting the ideal.  If that were the meaning of hypocrisy, then all sin is hypocrisy.  No, a hypocrite is one who pretends to have certain virtues but who, in fact, does not posses said virtues.  We all fail to live up to our own moral standards from time to time, but the point is that we are at least trying.  Does anyone for one second really believe that Barack Obama truly doesn’t want to receive funding from corporations or wealthy donors?  Of course not.  It was a populist front meant to distract attention away from the failings of his own administration.  He was absolutely insincere at the State of the Union, and he’s been insincere on this issue from day one.  This is a guy who raked in more money from Wall Street and other financial institutions than his Republican competitor in 2008, who still collects a hefty amount from this sector, and yet who pretends to be absolutely appalled that these groups have the temerity to influence elections through their campaign contributions.

Yet there are still going to be those who act shocked – SHOCKED! – that Obama could betray his stated principles.  As the examples of Doug Kmiec and Kathy Dahlkemper show, never discount the blindness of those who just want to believe.  Darwin’s already covered this ground earlier, so I won’t belabor the point.  It just astounds me that a man can be so transparently dishonest time and time and time again, and yet there will always be obedient lapdogs ready to be fooled again.

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Face Palm Political Ad of the Year

Courtesy of the Right Scoop  comes this political advertisement for Pete Hoekstra, who is challenging Michigan Senator Debbie Stabenow.

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“Your economy get very weak, ours get very good.”

 

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Your Super Bowl Champions: the New York Giants

So there evidently this game last night . . .

A random bunch of observations about the Giants victory.

- It would have been completely awesome had Eli Manning announced in his post-game interview that Payton was coming to the Giants as his backup.

- Speaking of post-game celebrations, the NFL’s attempts to mimic the Stanley Cup celebration comes off as so incredibly lame.  The NHL might be the red-headed stepchild of North American professional sports, but it has the one championship celebration that every other pro sports league tries to imitate, but none of them are as cool and as genuine as the hoisting of the Stanley Cup and the parade around the ice.

- People will point to the Giants 9-7 record as a condemnation of the NFL regular season, but does anybody who watched that game think that the Giants weren’t the better team?  The Pats had touchdown drives immediately before and after halftime, but the Giants basically dominated just about every other second of that game.  So many teams in the NFL are either all defense and or all offense, and the Giants are one of the very few who play well on both sides of the ball.  On top of that, the Giants beat the Packers (really, they mauled them), the 49ers and the Patriots on the way to a championship.  That’s not a fluke.

- I’m probably in the minority but I was happy when Bradshaw slipped into the endzone.  Sure, the odds slightly favor going for the chip shot field goal over letting Brady have the ball with 50 seconds, but too many things can go wrong.  Just one game ago the Patriots saw a kicker miss a sure-fire field goal that would have sent the AFC championship game into overtime.  It’s the Super Bowl, and you take the points and the lead when it is being offered to you, and then trust that the defense can hold.

- The Manning to Tyree play is probably still the superior one when you factor in Manning escaping a sack, but Manning to Manningham is a close second.

- Oh, and did I mention the Giants are the champions of the world:

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Unelectable

Santorum 45, Obama 44 according to Rasmussen.

Doesn’t exactly sound like Johnson-Goldwater to me.

I should add, by the way, that it’s just a snapshot of the current mood, and by no means indicative that Santorum would have a free and easy path to a general election victory.  It does show that the grave concerns about Santorum’s ultimate electability are overwrought to say the least.

So, to sum up, Santorum polls better than Gingrich against Obama, is more conservative than Gingrich, and has certainly far less personal baggage than Gingrich.  For those of you still clinging to Gingrich as the anti-Romney of your choice, why?

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Logic Fail

You want to know why Republicans are possibly going to lose the White House this year, despite an environment in which the GOP nominee should be all but guaranteed victory?  Republican voters have become incapable of comprehending the larger picture, and have swallowed media narratives hook, line, and sinker.  The perfect distillation of this is evidenced on this thread on the blog Legal Insurrection.  Professor William Jacobson is a Gingrich supporter, so he has reason to take down Ann Coulter’s idiotic “Three Cheers for Romneycare” column.  Of course Jacobson un-ironically accuses Coulter of deflection, a curious charge for someone who himself has twisted logic in order to boost Gingrich.  But that’s neither here nor there.

What really struck me was this exchange in the comment section.

Here is a Santorum supporter speaking up:

I admit that Mitt is sub-standard. What I dont get is (aside from the several here with clearly anti-Mormon bigotry) why sub-standard Newt should be the overwhelming favorite.

When I caucus next Tuesday (Colorado) – unless the Paulbots are out in force – I will vote for Santorum… because both Romney and Gingrich have huge non-conservative faults. This site has seemingly become dedicated to taking down Romney for the sake of Gingrich. I’ve yet to hear a persuasive argument why I should overlook Gingrich’s equally glaring faults.

A very good question.  Here is the response he received:

Oh for God’s sake, Bain, I like Santorum too, but look at the numbers. He’s just NOT going to rise.
Period.
This is the weaning, and Santorum doesn’t cut it.
Love the guy, but move on.
Please.
It’s like picking players on a team: You WEAN.

Well that’s a really convincing argument.  Shockingly, bains ain’t buying it.

Let me see if I have this right…

You want me to not vote for a candidate that I like… in favor of a candidate that I don’t like, so that the candidate that you hate will fail (well aside from Ron Paul).

The only argument in favor of Romney is his electability. His supporters really have nothing else to fall back on.  Well, Gingrich supporters are really not much better.  Their only argument is that Gingrich is the only person that can take down Romney.  They seem willing to concede that Santorum is the superior candidate – he just can’t win.  Well, that’s a self-fulfilling prophecy.  If you deem that a candidate cannot win and refuse to vote for him, well guess what?  He can’t win.

It’s a strange game that GOP voters are playing.  They are basing their voting decisions not on who they deem to be the best candidate, but rather are voting for people who they think other people will be voting for.  So I actually have to take back a bit of my opening premise.  It’s not that Republican voters aren’t trying to look at the big picture, they’re just doing a terrible job of it.

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The Culture War

I know that there are those among you who do not like harsh rhetoric.  Heck, one of my most recent posts was about the militaristic rhetoric of the president.  Yet, sometimes we need to take a look around at what’s happening and realize that something like a culture war is truly raging.

There was no clearer demonstration of this fact than the HHS mandate regarding health insurance coverage of abortificants, contraception, sterilization, and other grave evils.  The impact of this ruling has been stunning.  Not only has the decision outraged conservative Catholics, but even erstwhile left-wing Catholic defenders of the president have taken this decision to be the last straw.  Bishops, often reticent to enter the political fray, have issued clear condemnations of this decision, even suggesting that Catholics engage in civil disobedience.  The mild-mannered visiting priest at our parish offered a blistering homily, discussing how this mandate violates the very principles that this country was founded upon. Like the ents awakening from their slumber, Saruman and his orcs – meaning President Obama and his allies – have awakened a sleeping giant.

But our anger is not enough, nor are our prayers.  Patrick Archbold puts it all in perspective today.

As I said, this is just the latest battle, but it’s one we must win.  We can’t win the war here, but we can lose it.  And to win a war you don’t just need chaplains, you need generals.

In the wake of the Obama Administration’s decision to force contraceptives on Catholic institutions many Bishops have been calling for prayer and fasting, and that is right and just.  But when faced with an existential threat, you don’t just pray the Nazis away, you have to fight on all fronts.

It is fine to pray that the Nazis will stop being Nazis, but it is also right and just to pray for good aim.

Our Bishops need to realize what is at stake here and act accordingly.  Many Bishops have already written letters and made videos condemning the unconstitutional actions of the administration.  That is good, but more is required.  Open and vocal defiance is required. The Most Reverend Joe S. Vásquez, Bishop of Austin issued a letter this Sunday in which he proclaimed “We cannot—we will not—comply with this unjust law. People of faith cannot be made second-class citizens.” That is a good start.  Every Bishop needs to do the same. It must be made clear that we WILL NOT COMPLY.

Yet even more will be required. Some have called for very visible civil disobedience by the Bishops to the point of getting arrested.  I think this may be a good idea. Yet even more.  Kathleen Sebelius is at the spear point of this war on our Church promoting and now forcing abortion and contraception at every turn.  If the scandal caused by this “Catholic” woman does not merit excommunication, the remedy is meaningless.  Any Catholic who is complicit in this war must be held to account, publicly.  This is a war.

We will not comply.  We should never have to choose between being a Catholic and being an American.  This is an existential threat for the Church in this country as well as for the life of the country as a whole.  If we are to win the war, we must win this battle and we need generals willing to fight to the last.

If you are not convinced that we are in the midst of an all out assault on religious values, here’s another story to consider. Continue reading

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Chris Christie Appoints Gay Marriage Supporter to the Bench

The great conservative hope, at least according to the likes of Ann Coulter, recently appointed a gentleman named Bruce Harris to the New Jersey Supreme Court.  Harris is openly gay –  a point that Christie made sure to highlight when he introduced Harris as his nominee.  Unsurprisingly Harris is a supporter of gay marriage, and has been very vocal on this issue.   Blogger Paul Mulshine reprints an email that Harris sent to Republican legislators in the state:

As a Republican elected official and someone who has worked hard (and successfully) to get Republicans elected in Chatham Borough, it disturbs me that same-sex marriage has become a Republican versus Democrat issue (understanding there are some Democrats who do not support same-sex marriage). I was encouraged to see former Governor Christine Whitman’s op-ed piece in the Sunday, November 29, 2009 Star-Ledger supporting same-sex marriage, I hope you read her article and will seriously consider her suggestion.

You have met me and my partner of nearly 30 years, Marc, on more than one occasion at various political gatherings. The New Jersey Supreme court has determined that our relationship is entitled to the equal protection guarantees of the State Constitution. The New jersey Civil Union Review Commission determined that civil unions do not provide the equality the State Constitution mandates.(Please take a few moments and visit www.gardenstateequality.org. which has two short videos that provide sad examples of the failures of the civil union law.)

When I hear someone say that they believe marriage is only between a man and a woman because that’s the way it’s always been, I think of the many “traditions” that deprived people of their civil rights for centuries: prohibitions on interracial marriage, slavery, (which is even provided for in the Bible), segregation, the subservience of women, to name just a few of these “traditions.”

I hope that you consider my request that you re-evaluate your position and, if after viewing the videos, reading Governor Whitman’s letter and thinking again about this issue of civil rights you still oppose same-sex marriage on grounds other than religion I would appreciate it if you you’d explain your position to me. And, if the basis of your opposition is religious, then I suggest that you do what the US Constitution mandates – and that is to maintain a separation between the state and religion.

Surely Chris Christie knew of this.

That led me to ask the obvious question at a press conference Wednesday: Did Christie know how Harris stood on Lewis v. Harris?

Christie said of Harris and his other nominee, Phillip Kwon of Bergen County, “I did not ask them about specific cases.” He pointed to two other cases of concern to conservatives, the Abbott school-funding decisions and the Mount Laurel decisions on affordable housing, and said “to the extent that they’ve taken positions on those issues, they’re going to have to let us know that.”

The governor sure did his due diligence in this important duty, didn’t he?

Of course this brings out the band of merry GOP apologists, such as this commenter at NRO.

Good grief, throwing Christie under the bus ALREADY? He’s not even to the Greyhound station yet.

Is there anyone who in your view IS pure enough to be a Republican president? Talk about making perfection the enemy of the good ….

So now it a sign that you’re some fire-breathing purist to expect a Chief Executive to actually do his research before making critical appointments.  Supreme Court appointments – be they federal or state – have long-lasting impact well beyond the life of a governor.  Judicial appointments are among the three or four most important job functions of any president or governor.  Even if Harris recuses himself from any matters pertaining to gay marriage, it is clear from this email that he is not what you’d call a sparkling originalist.  As such, Chris Christie has failed in this vital aspect.

Unfortunately we have so lowered the bar of expectations that some will just overlook this minor inconvenience.  After all, Governor Soundbite has so many cool Youtube clips of him berating his constituents, and as this entire election season has proven, bluster is a lot more impressive than actual accomplishments.

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Isabella Santorum Hospitalized

The AP reports.

Republican presidential hopeful Rick Santorum canceled his Sunday morning campaign events and planned to spend time with his hospitalized daughter.

“Rick and his wife Karen are admitting their daughter Bella to Children’s Hospital of Philadelphia this evening,” spokesman Hogan Gidley said in a statement Saturday night, adding “Rick intends to return to Florida and resume the campaign schedule as soon as is possible.”

Santorum had been scheduled to appear on NBC’s “Meet the Press” and attend church in Miami. Officials did not cancel Sunday’s afternoon events in Sarasota and Punta Gorda.

Please keep the Santorum family in your prayers.

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George Will on Obama’s Militaristic Rhetoric

George Will has a superb column on Obama’s rhetoric in the State of the Union Address:

Obama, an unfettered executive wielding a swollen state, began and ended his address by celebrating the armed forces. They are not “consumed with personal ambition,” they “work together” and “focus on the mission at hand” and do not “obsess over their differences.” Americans should emulate troops “marching into battle,” who “rise or fall as one unit.”

Well. The armed services’ ethos, although noble, is not a template for civilian society, unless the aspiration is to extinguish politics. People marching in serried ranks, fused into a solid mass by the heat of martial ardor, proceeding in lock step, shoulder to shoulder, obedient to orders from a commanding officer — this is a recurring dream of progressives eager to dispense with tiresome persuasion and untidy dissension in a free, tumultuous society.

Progressive presidents use martial language as a way of encouraging Americans to confuse civilian politics with military exertions, thereby circumventing an impediment to progressive aspirations — the Constitution and the patience it demands. As a young professor, Woodrow Wilson had lamented that America’s political parties “are like armies without officers.” The most theoretically inclined of progressive politicians, Wilson was the first president to criticize America’s founding. This he did thoroughly, rejecting the Madisonian system of checks and balances — the separation of powers, a crucial component of limited government — because it makes a government that cannot be wielded efficiently by a strong executive.

Wilson is of particular importance here.  Wilson’s dissatisfaction with the Constitution stemmed from the many limitations said document placed on the government.  Not only did the Framers grant few specified powers to Congress, they instituted various mechanisms that made it even more difficult for government to enact the reforms that Progressives like Wilson so desired.  Wilson wanted to convert the United States government into a parliamentary system.  Under this kind of design, instead of a legislature-dominated government complicated by checks and balances, we would have an executive-led government with few checks on the Prime Minister’s power.

Wilson was unable to transform the government to his liking.  The Constitution still divides power in so many ways that it would be theoretically be difficult for the Progressive reformers to get all that they wanted.  So instead of working within the system, the left has basically just ignored that pesky ancient document.

Franklin Roosevelt agreed. He complained about “the three-horse team of the American system”: “If one horse lies down in the traces or plunges off in another direction, the field will not be plowed.” And progressive plowing takes precedence over constitutional equipoise among the three branches of government. Hence FDR’s attempt to break the Supreme Court to his will by enlarging it.

In his first inaugural address, FDR demanded “broad executive power to wage a war against the emergency, as great as the power that would be given to me if we were in fact invaded by a foreign foe.” He said Americans must “move as a trained and loyal army” with “a unity of duty hitherto evoked only in time of armed strife.” The next day, addressing the American Legion, Roosevelt said it was “a mistake to assume that the virtues of war differ essentially from the virtues of peace.” In such a time, dissent is disloyalty.

Yearnings for a command society were common and respectable then. Commonweal, a magazine for liberal Catholics, said that Roosevelt should have “the powers of a virtual dictatorship to reorganize the government.” Walter Lippmann, then America’s preeminent columnist, said: “A mild species of dictatorship will help us over the roughest spots in the road ahead.” The New York Daily News, then the nation’s largest-circulation newspaper, cheerfully editorialized: “A lot of us have been asking for a dictator. Now we have one. . . . It is Roosevelt. . . . Dictatorship in crises was ancient Rome’s best era.” The New York Herald Tribune titled an editorial “For Dictatorship if Necessary.”

Commonweal. Some things never change.

And so now we’ve arrived at Obama’s America, and the left’s impatience with the Constitution manifests itself again.

Obama, aspiring to command civilian life, has said that in reforming health care, he would have preferred an “elegant, academically approved” plan without “legislative fingerprints on it” but “unfortunately” he had to conduct “negotiations with a lot of different people.” His campaign mantra “We can’t wait!” expresses progressivism’s impatience with our constitutional system of concurrent majorities. To enact and execute federal laws under Madison’s institutional architecture requires three, and sometimes more, such majorities. There must be majorities in the House and Senate, each body having distinctive constituencies and electoral rhythms. The law must be affirmed by the president, who has a distinctive electoral base and election schedule. Supermajorities in both houses of Congress are required to override presidential vetoes. And a Supreme Court majority is required to sustain laws against constitutional challenges.

“We can’t wait!” exclaims Obama, who makes recess appointments when the Senate is not in recess, multiplies “czars” to further nullify the Senate’s constitutional prerogative to advise and consent, and creates agencies (e.g., Obamacare’s Independent Payment Advisory Board and Dodd-Frank’s Consumer Financial Protection Bureau) untethered from legislative accountability.

Like other progressive presidents fond of military metaphors, he rejects the patience of politics required by the Constitution he has sworn to uphold.

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The Only Conservative Left

The 2012 presidential election cycle is truly one of the most depressing things to behold.  Neither of the top two candidates in the Republican field are particularly appealing, and the incumbent President has made Franklin Pierce and James Buchanan look like George Washington and Abraham Lincoln.  Meanwhile, for all the bluster about the Establishment choosing our candidates (a charge not wholly without merit), conservatives have done themselves no favors by engaging in ridiculous character assassinations of any candidate who is not one hundred pure and good – meaning all the candidates.  Meanwhile, superficial bluster about being a conservative is taken more seriously than actual conservative governing records in big states.

To top it all off, the only conservative left in the race is barely gaining any traction, even when dismantling his opponent in exchanges such as this.

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That was far from the only highlight for Santorum.  While Newt and Mitt were busy tearing each other apart for every perceived slight, Rick brought some common sense into the debate.

I don’t think Mitt Romney and Newt Gingrich have helped themselves with their terse exchanges on illegal immigration and Fannie & Freddie.

Apparently, Rick Santorum didn’t think so either. He said there was nothing wrong with Newt using his knowledge of Congress to help advise companies and then said there was nothing wrong with Romney making money. Santorum then implored Mitt and Newt, “Leave that alone and focus on the issues,” to strong applause.

Ah, but Senator Santorum is unelectable, according to the all the wise pundits.  There’s no way he could possibly be more electable than the guy who was once portrayed as the “Gingrich who stole Chrismas,” and who has a 2:1 unfavorable to favorable gap in the polls.  And he’s certainly not as electable as the guy who is so darn appealing that Republicans are climbing over themselves to pick anyone else but him to be the nominee, and who has an electoral record that makes the Detroit Lions look like a juggernaut.  Santorum lost his last election by 18 points, and as we all know someone that unpopular can’t ever recover.  No, we need to nominate the guy who left office with a 34% favorability rating, and who didn’t lose his bid at re-election because he didn’t even bother, knowing he was going to get destroyed.  Failing that, we can nominate the guy whose own caucus ran him out of Washington, DC.

But Santorum is unelectable.

We also know Santorum is also unelectable because he holds social views outside of the mainstream.  For instance, Santorum has this notion that marriage is an institution for one man and one woman.  This is such an insane notion that it is only shared by a majority of the American population and the current occupant of the White House.  You see, the problem with Santorum is that, unlike President Obama, he really means it.  As was discussed a couple of weeks ago at Creative Minority Report, Santorum is actually sincere in his beliefs.  So while he might hold policy positions that are identical with the rest of the field, he is the one being mocked because, well, he actually believes what he is saying.

One of the things that occurred to me recently that only augmented my political depression is that Gingrich does hold one electoral advantage over Santorum.  The fact that Gingrich is a twice-divorced man with a checkered past while Santorum is a faithfully married man and father of seven means that independents won’t fear Gingrich as much on social issues.  That’s right – actually being a man of unquestioned personal morality is an electoral disadvantage, because that just makes you seem all the more scaaaaaary.  Thank goodness our elections are decided by the sorts of people who think it’s just creepy that other people think that all life is precious, even lives conceived during rape.

So excuse me if I sit this dance out.

Update:  Great piece by Daniel Allott that discusses “Santorum Derangement Syndrome” and the problems that sincere politicians face.  H/t: Dale Price.

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Gingrich Wins South Carolina Open Thread

It’s looking like a fairly sizable victory for the former Speaker of the House.  So much for Romney’s inevitability.

Open thread for discussion.  Please keep it civil.

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Newt Is (or at Least Was) Kind of a Jerk

Marianne Gingrich’s claim that Newt wanted an open marriage is the news story of the day.  In all honesty, this doesn’t tell us that much more about Newt than we didn’t know already.  Some have already said that this is no worse than simply cheating on your spouse, and, politically speaking, this might not have any impact at all on the race.

That being the case, it does serve as a forceful reminder that Newt Gingrich is kind of a jerk.  In fact, I think that if his ex-wife’s claims are true (and admittedly, we don’t know for certain), then it is even a bit creepier than just having an affair.  It indicates that Newt is not that concerned about the feelings of other people.  Based on what we know of the man, he gives off a vibe that he views other people as simply pawns.  While he would hardly be the first such personality to become president, it doesn’t mean we should be so flippant about allowing such a man to obtain the highest office in the land.

Now, we know that Newt has had a conversion, and that people change over the course of their lives.  Perhaps the Newt from the mid 1990s is not the same man that he is today.  We can’t really judge the state of a man’s soul, and I don’t propose to do that now.  But we have to consider a couple of things.  First of all, as we are all too well aware, simply becoming a Catholic does not make one a saint.  We are abundantly aware that we are all sinners, and though we all hope that a closer relationship to Jesus fostered through the Church makes us better people, it’s still a struggle.

More importantly, this didn’t happen when Newt was a young man.  Newt was nearly two decades older than I am right now when this all happened.  Yes, men older than Newt have had conversions of the heart.  But a conversion is not necessarily a transformation into a completely new man.

I don’t know what kind of person Newt is right now.  But I know what he has been, and I’m not going to turn a blind eye to an individual’s character simply because people on the other side of the aisle are all too willing to do so.

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Breaking News: Perry Out

Inevitable, but it’s still a bummer.

Well this should be a slow news day, what with Santorum being declared the winner in Iowa, Perry resigning, and the Marianne Gingrich interview.

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Rick Santorum Won Iowa

After a recount, the vote tally from the Iowa Caucuses show that Rick Santorum defeated Mitt Romney by a whopping 34 votes.  Previously Romney had been declared the winner by eight votes.

In the grand scheme of thing, this means little.  It doesn’t change the delegate vote one iota.  It does mean that the talking point that Romney won both Iowa and New Hampshire needs to come to a halt.  It is funny to read stories about this development suggesting that the Iowa caucuses were a split a decision, yet when Romney was considered to have won there was no such talk.  He might as well have won by 8,000 votes judging by some of what was said in the aftermath.

I do note that there seems to be a lot of confusion about the vote tally.

The deadline for final certification of the results was Wednesday. Party officials said eight precincts failed to follow the rules and fill out the official forms on caucus night, meaning those results can never be certified, while other precincts turned in forms that didn’t meet the legal requirements.

And yet we continue to allow this state to have over-sized influence on the nomination process.  Are we prepared to just ignore Iowa yet?

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The War on the Drug War

I caught a little of the Mark Levin show tonight, and he had a Ron Paul supporter on his show.  He gave the gentleman a good deal of time – two segments in fact – and was actually gracious to the caller.  The Paul supporter spent most of his time talking about the seminal issue of our day, the one issue that is truly on the mind of every American voter: the drug war.

There are legitimate reasons to oppose the prohibition on drugs.  I don’t particularly agree with this philosophy, but it’s not outside the bounds of reasonable discourse.  What baffles me is the attention that libertarians pay to what is a fairly minor issue.  We are still suffering economically, with an unemployment rate that is hovering at about 8.5 percent, and a real unemployment rate that is significantly higher.  Our national debt is out of control.  Soon Obamacare will be fully implemented, thus making the debt problem and our health care even worse.  Meanwhile, President Obama shrugs off the Constitution like it is some dusty old piece of parchment in making “recess” appointments, and has an Attorney General who continues to obfuscate about a horribly botched gun operation in Mexico.  And yet this guy wanted to talk about the drug war.

Sometime ago I once watched a Libertarian convention, and watched speaker after speaker rail about the criminalization of marijuana.  I had the same reaction then as I did this evening: this is really the hill you want to die on?  Sure, if you want to make this a part of your platform, knock your socks off.  But to make this one of the focal points of your outrage against the government?  Really?

We all have issues that we care about more deeply than do other people.  It just strikes me that libertarians would be better off focusing their attention on matters that are a tad more relevant to people living in the real world.

 

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The Non-Electability of Rick Santorum

It has become accepted as a matter of fact in some circles that Rick Santorum is completely unelectable in a general election.  He is so outside the mainstream that Barack Obama would simply wipe the floor with him.  I’ve even seen it asserted by more than one commenter than Santorum wouldn’t even match Walter Mondale’s electoral vote total.

The more extreme claim is patently ludicrous to anyone even remotely familiar with America’s political landscape.  I would suggest that, at a minimum, no Republican candidate can lose the following states in the upcoming presidential election:  Alabama, Arkansas, Georgia, Idaho, Kansas, Kentucky, Louisiana, Mississippi, Montana, North Dakota, Nebraska, Oklahoma, South Dakota, South Carolina, Tennessee, Texas, and Utah.  I’ve left out states like Alaska and West Virginia that I think are longshots for Obama as well.  That’s not exactly Mondale territory – that’s not even Dukakis bad.

Fine, you say, Santorum won’t lose every state.  He still can’t hold the line in swing states like Ohio, Florida, Virginia, Missouri and others.  He is just too extreme for these states.

Really?  So the guy who won statewide election in a leaning-Democratic swing state twice has no shot in leaning-Republican swing states?  Yes, I know that Santorum lost by 18 points the last time he ran in Pennsylvania, and that should not be so casually dismissed.  But he did win twice, and he ran as a conservative no different from the man he is now.

As for Santorum’s 18 point loss – yes, it is bad and it looks strange that someone who lost by such a large amount in his last election could possibly win the presidency.  I would just note that in November 2006 Mitt Romney’s approval rating in the state of Massachusetts stood at 34 percent.  The only reason he was not shellacked in his re-election effort is because he didn’t even attempt to run again.

Just saying.

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