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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?


To: JohnM who wrote (8633)9/19/2003 11:34:25 PM
From: KonKilo  Read Replies (2) | Respond to of 793738
 
...Wes Clark has been waffling on his position on the war.

Seems to me, from Clark's statements, that his position on the Iraq invasion is very similar to Ken Pollack's.

Haven't heard Pollack labeled a waffler...



To: JohnM who wrote (8633)9/20/2003 1:29:52 AM
From: LindyBill  Respond to of 793738
 
Interesting column. I wonder what set Brooks off.

Looking Out, and In
By DAVID BROOKS


If you had opened the newspapers and magazines 50 years ago this week, you would have found the rapturous reviews that greeted Saul Bellow's first great book, "The Adventures of Augie March." Virtually unknown, Bellow had set out to write the Great American Novel, which was audacious because the character he chose to typify the mainstream American spirit was a Jewish kid living in the Jewish neighborhood of Humboldt Park in Chicago.

The second thing he did was to redefine American heroism. What was epic about America, he wrote, was not pioneers settling the West: it was city kids rising from poverty.

Bellow's character, Augie March, grew up in a single-parent household but never settled for the near at hand. America to him meant the "universal eligibility to be noble." So he was always venturing out among con men, rich girls, nut cases, patrons and aspiring moguls. He describes his adventures comically, but underneath there is his unshakable idealism. Inspired by America, Augie doesn't settle for a life that is unworthy of himself. "I may well be a flop at this line of endeavor," he concedes. "Columbus too thought he was a flop, probably, when they sent him back in chains. Which didn't prove there was no America."

The Jews left in the 60's, Puerto Ricans moved in, and at first the neighborhood tumbled into chaos. There were riots, fires and welfare dependency, and sidewalks crumbled so badly the kids used the upheaved chunks of concrete as caves.

But then came the stirrings of Puerto Rican pride and ethnic nationalism. A man named José E. Lopez, who grew up in Puerto Rico without water or electricity, began battling the stereotype, which many in the neighborhood had internalized, that Puerto Ricans were lazy. He began teaching Puerto Rican culture and history. Lopez was and is a radical, and amid posters celebrating socialism and anticolonialist struggle, dozens of institutions were formed: cultural centers, day care centers, a multicultural alternative high school. You talk with people in the neighborhood today, and they seem to be always rushing to or from some meeting at some council.

In the 1980's, gentrification threatened to push Puerto Ricans out of Humboldt Park. Lopez and his friends created a buffer zone, starting at Division Street and Western Avenue, that would remain permanently Puerto Rican. Two metal Puerto Rican flags now stake out that intersection. There is a Puerto Rican walk of fame, Puerto Rican symbols on lampposts, and a "No Yuppies" sign at the coffeehouse.

Amid those socialist posters, small businesses were hatched. Xavier Nogueras was a community organizer who founded an advertising agency and is now opening an upscale restaurant on Division Street. The street is now clean and safe, with bustling locally owned stores, which no longer need grilles over the windows. The nearby park is immaculate, with the grand old boathouse cleaned and restored. In many ways, Humboldt Park is nicer than it ever was.

But stubborn problems remain. Eighty-five percent of the students who come to the area's Roberto Clemente High School are unprepared for high school work, and most will drop out. There is not a single male student, or a single black or Hispanic boy or girl, who tests above grade level. The school is stocked with computers and energized teachers, but most students don't even think about their long-term futures. Instead, many join gangs and go to jail, and once they have felony convictions on their records, they find it very hard ever after to find jobs.

The biggest difference between the neighborhood in Bellow's day and now is that then, the path to success was through assimilation, whereas now it is through ethnic self-determination. Augie ventured out, and shed some community bonds. Now, few venture out. Downtown Chicago — the Loop and the lakefront — is a 10-minute drive away, but is also a foreign country. Few go there.

To be honest, I much prefer the assimilationist model. Instead of encouraging people to spend their lives around the same few streets, it opens up the wide possibilities of America. But nobody in the neighborhood believes in that model anymore, and the more immediate problem is that so many kids in the neighborhood are raised without any model, either Saul Bellow's or José Lopez's. They live without any idealism, and hence without any sense of the universal eligibility to be noble.

nytimes.com



To: JohnM who wrote (8633)9/20/2003 1:39:04 AM
From: LindyBill  Respond to of 793738
 
What the $87 Billion Speech Cost Bush
Polls May Indicate That TV Address Eroded President's Support on Iraq

By Mike Allen
Washington Post Staff Writer
Saturday, September 20, 2003; Page A02

President Bush has often used major speeches to bolster his standing with the public, but pollsters and political analysts have concluded that his recent prime-time address on Iraq may have had the opposite effect -- crystallizing doubts about his postwar plans and fueling worries about the cost.

A parade of polls taken since the Sept. 7 speech has found notable erosion in public approval for Bush's handling of Iraq, with a minority of Americans supporting the $87 billion budget for reconstruction and the war on terrorism that he unveiled.

"If Bush and his advisers had been looking to this speech to rally American support for the president and for the war in Iraq, it failed," said Frank Newport, editor in chief of the Gallup poll. He said Bush's speech may have cost him more support than it gained, "because it reminded the public both of the problems in Iraq and the cost."

Since the speech from the Cabinet Room, headlines on poll after poll have proved unnerving for many Republicans and encouraging for Democrats. "Bush Iraq Rating at New Low," said a CBS News poll taken Sept. 15 and Sept. 16. "Americans Split on Bush Request for $87 Billion," said a Fox News poll taken Sept. 9 and Sept. 10. A Gallup poll taken Sept 8 to 10 pointed to "increasingly negative perceptions about the situation in Iraq" and found the balance between Bush's approval and disapproval ratings to be "the most negative of the administration."

A Washington Post-ABC News poll taken from Sept. 10 to Sept. 13 found that 55 percent of those surveyed said the Bush administration does not have a clear plan for the situation in Iraq, and 85 percent said they were concerned the United States will get bogged down in a long and costly peacekeeping mission.

Those results were disappointing to supporters who had watched Bush galvanize public opinion with his speech on Iraq at the United Nations on Sept. 12, 2002, stanching accounts of drift and infighting in his administration. Other addresses that gave Bush a lift included his address to Congress nine days after the attacks of Sept. 11, 2001, and his speech to the nation two nights before the Iraq war began last March.

Bush acknowledged this week that he was having trouble getting his message out. He told a roundtable of reporters from the Oregonian of Portland and other newspapers in swing states that he needs "to continue to explain to the American people why it's important we succeed in Iraq."

"I know we've got a construction plan, and we'll continue to explain it," Bush said. "Sometimes it's hard to get through the filter. That's why I gave the address from this room next door the other night, so I could explain directly to the American people what's important. And I will continue to make the case."

Bush, whose aides say he eschews the nitty-gritty of politics, quibbled with the wording in one poll when he was asked about two polls that showed a majority of Americans opposed his $87 billion request to Congress. "If you look at the question, it's kind of a strange question," he said, in what sources called a reference to a question that told respondents how much spending Congress had already approved.

Senior officials at Bush's campaign said the declines in polls were no cause for alarm because they were not driven by the speech but instead were part of a natural decline from historic levels that Bush aides have long predicted.

A campaign official also pointed to a question in the Post-ABC News poll that showed the percentage of respondents who thought the war with Iraq was worth fighting had risen from 54 percent in a poll ending the day of the speech to 61 percent afterward.

White House officials point out that the address had a smaller audience than some other presidential speeches. Nielsen Media Research said the Sept. 7 address was seen by about 31.7 million viewers, compared with 62 million for this year's State of the Union address, 55.8 million for his news conference on March 6 and 73.3 million for his ultimatum to Iraqi President Saddam Hussein.

"We didn't put all our hopes into one speech," White House communications director Dan Bartlett said. "This is going to be a sustained commitment by the administration and the president to educate the public about the stakes in the war and why we are committed to prevailing."

A wide range of Republicans close to the White House said they do not blame the speech for Bush's poll problems, and said they are not panicked about how he will fare in the 2004 election. "The speech had limited objectives," one official said. "The wolves were out, and the speech sucked some of the wind out of that."

But there was widespread agreement among these Republicans that the speech did little if anything to help steady his standing, which had been hurt by a stream of bad news from Iraq and disclosures about the administration's handling of prewar intelligence.

Several of these Republicans complained about the decision to have Bush stand and read from a TelePrompTer instead of showing him seated and speaking more conversationally.

"Can you find anybody on Capitol Hill who thinks, 'Boy, that really gave us momentum?' " one presidential adviser asked. "The setting was a failure. The linguistics were bad. The language was off. It wasn't typical Bush language, and he should have been in front of a group. He isn't at his best discussing the appropriations process."

George C. Edwards III, a Texas A&M political scientist whose book, "On Deaf Ears: The Limits of the Bully Pulpit," is being published this month, said he studied presidential speeches back to 1981 and found that they rarely produce a statistically significant change in approval ratings. But Edwards said Bush may have hurt his credibility by not acknowledging "that we didn't have a very good plan, and that we've had more setbacks than we anticipated."

"Facing up to that, and then saying we really need to be persistent, would have been more credible, given all the things that are going on and that people are aware of," Edwards said.

washingtonpost.com



To: JohnM who wrote (8633)9/20/2003 4:06:14 AM
From: LindyBill  Respond to of 793738
 
"When you say that, partner, Smile." Getting a little rough down in Texas.

In Texas Senate, a Racial Outburst

By Lee Hockstader
Washington Post Staff Writer
Saturday, September 20, 2003; Page A06

AUSTIN, Sept. 19 -- If not exactly a love fest, the Texas state Senate is, by tradition, a relatively sedate and collegial body whose members proclaim their love of consensus and take their seats to hear colleagues deliver speeches of "personal privilege."

So it was a measure of how incendiary the Texas fight over congressional redistricting has become when several of the chamber's Democrats -- all but two of them black or Hispanic -- on Thursday denounced their all-white Republican brethren as racists, supremacists and bigots.

"The last time I was treated the way we were on the Senate floor was when I was about 6 years old when I first entered the first grade, and I was just a little Mexican boy who had his first taste of what white supremacy was like," said Sen. Frank L. Madla of San Antonio, heretofore regarded as a moderate to conservative.

Sen. Mario Gallegos Jr., a Democrat from an inner-city district in Houston, attacked a Republican colleague, Sen. Tommy Williams, who represents a wealthy suburban enclave north of Houston called the Woodlands.

"The people from the Woodlands did not elect me," Gallegos told reporters. "That's a gated community. The nearest gated community to me in inner-city Houston is the county jail."

Ironically, the racially loaded outburst was triggered by what the majority Republicans regarded as a conciliatory gesture: Rather than imposing a threatened fine of $57,000 on each of 11 Democratic senators who fled the state for 45 days this summer to block progress on the GOP redistricting plan, the Republicans voted to place the Democrats on "probation."

Several Republicans said that should have laid the matter to rest. It didn't.

"The very word 'probation' to a senator is condescending and patronizing," said Harvey Kronberg, who edits an independent newsletter on Texas politics.

From the outset of their bitter fight over redistricting last spring, the Democrats have insisted that the Republican maps would disenfranchise minorities in Texas, who comprise nearly half the state's population. They say the GOP's goal -- to shift five or six congressional seats into the Republican column -- could be accomplished only by packing some blacks and Hispanics into "super-majority districts" while carving up other minority communities to dilute their electoral clout in districts that have elected liberal white Democrats to Congress.

"This is not particularly revolutionary -- the Democrats did it to Republicans a decade ago," Kronberg said. "They'd take Republican population centers and fracture them into predominantly Democratic districts. But Democrats doing it to Republicans was essentially a white-on-white battle; a decade later, Republicans doing it to Democrats becomes a white-on-color battle."

The Republicans, for their part, have not agreed among themselves on how to draw the lines on a new congressional district map. It may take a week or more, and heavy horse-trading, before they produce a plan. But they profess astonishment at being accused of racism, insisting that what they are up to is no more than aggressive partisanship.

"It has nothing to do with race, and I am offended at the insinuation that anything we've done has been racially motivated," said Sen. Craig Estes of Wichita Falls, in north Texas. "It's Democratic spin to keep from facing the fact that all the citizens of Texas have elected mostly Republicans."

Republicans insist that any map they draw would produce at least as many black and Hispanic lawmakers as already serve in the U.S. House. Independent analysts agree that would be the case, noting that the courts would reject any map that is likely to eliminate a seat for a minority member of Congress.

"It may well turn out there will be some more opportunities for blacks or Hispanic Democrats to win seats in Congress," said Earl Black, a political scientist at Rice University in Houston. "It's the white Anglos in the current congressional delegation who are the endangered species."

Still, having been forced into a corner by the Republicans who control the state legislature, the Democrats are sharpening their rhetorical swords.

"I was suspended from school in San Antonio as a little girl, and my offense was that I accidentally spoke Spanish in the playground," said Sen. Leticia Van De Putte, the Senate Democratic leader. "And so now as a senator, I stand up and try to represent my constituency and say these maps try to disenfranchise minority voters. It reopens those times in Texas history when African Americans and Hispanics would not be allowed in the political process."

© 2003 The Washington Post Company



To: JohnM who wrote (8633)9/20/2003 4:31:33 AM
From: LindyBill  Respond to of 793738
 
Good example of "Liberal Racism" John. Notice they don't ask your race, they want your "skin color." A way to get around mixed race answers.

Mickey Kaus

You can vote. But first, what's your race? The estimable Jill Stewart reviews the ill-advised legislation the two-house Democratic majority in Sacramento seems to be spewing out. My nominee for the worst:

AB 587, by Mark Ridley-Thomas. A box asking your skin color will now go on voter registration forms. It's voluntary---but expect a move next to make it required.

Stewart reports that Governor Davis "signed this creepy law Wednesday." ... P.S.: On the other hand, the wild Democratic move to subject all development to review by a Native American Heritage Commission (in order to protect "sacred sites") appears to have been stalled, for now. ...
slate.msn.com



To: JohnM who wrote (8633)9/20/2003 7:30:56 PM
From: LindyBill  Respond to of 793738
 
Hugh Hewitt comments on Judge Pregerson's comments on his decision. I know Pregerson is an old war hero, but this is outrageous.

I was reminded of this when Priorities & Frivolities pointed me to an astonishing statement by Ninth Circuit Judge Harry Pregerson in this morning's Los Angeles Times. Judge Pregerson is glum about the chances of his outlandish decision, taken with two others to cancel the California recall, being upheld by 11 of his colleagues. Pregerson points to the make-up of the panel, which has been described by others as moderate to conservative by Ninth Circuit standards. This is an admission by Pregerson, of course, that his and the others' first decision is so nakedly political that its reversal by a center-right court is assured. But it is the Judge's breach of an obvious requirement of ethics to remain silent that is newsworthy. That obligation is obvious and intuitive for anyone trained in the law, and he should have known better. In fact, I suspect he did know better, but couldn't be bothered by such considerations. His conscience must have made him do it.

A prize will be bestowed on any reader who can e-mail an instance of any other federal circuit judge commenting on a rehearing en banc on a matter in which he participated as a judge to a newspaper reporter 48 hours before the rehearing. Or within 72 hours, or a week, or a month for that matter --it just doesn't happen. It doesn't happen because it injures the appearance of justice, and calls into question the good faith of the other judges who will be hearing the matter en banc.

It is a shocking breach, but because Judge Pregerson is old, a veteran of unquestioned courage, and a liberal's liberal, it will go unsanctioned. I refer readers who missed it to my Weekly Standard.com column on Judge Pregerson from Thursday: Judge Pregerson, like others on the Ninth Circuit, is not bound by the ordinary rules that apply to mere mortal citizens.

And Patrick Leahy, Barabara Boxer and Chuck Schumer really expect us to take seriously their arguments that they are concerned about the independence of the judiciary as they line up filibusters of nominees like Carolyn Kuhl and the other victims of their perverse and destructive vendettas. If their concern was real, we would be hearing from them not only on the absurdity of last Monday's ruling, but also on the sadness of Judge Pregerson's outburst.
hughhewitt.com



To: JohnM who wrote (8633)9/20/2003 9:34:23 PM
From: LindyBill  Read Replies (1) | Respond to of 793738
 
This article from "The New York Times" discusses in detail what I have been saying. The next major bombing attack on Israel, "Bye, Bye, Arafat!"

September 21, 2003
Israel's Case Against Arafat
By GREG MYRE


JERUSALEM — The Israeli response is swift and almost automatic after a suicide bombing: Yasir Arafat, the Palestinian leader, is blamed, even as he or someone in his government condemns the attack.

The precise Israeli case against Mr. Arafat is seldom laid out in detail. If it were, it would amount to this: The Israelis have some evidence of specific acts by him that support terrorist behavior, but it is not the heart of the matter. That lies in a long list of things they feel he might have done — and did not do — to curb terrorism by groups to which he is directly linked, and by groups like Hamas and Islamic Jihad that have a different ideological agenda.

In making their case, Israeli officials say they do not have evidence of a direct role by Mr. Arafat in any of the more than 100 suicide attacks in Israel in the last three years. "You'll never find Arafat giving a direct order for terror," an Israeli military official said. "That's not his method. What we have are a series of clear signs that he supports, and does not prevent, terrorism."

But Mr. Arafat and his supporters deny he is responsible for the attacks, and say the accusations are intended to lay the groundwork for ousting him, dismantling the Palestinian Authority and undermining prospects for peace talks.

Israeli threats against Mr. Arafat have in fact escalated in recent days, in response to renewed incidents of Palestinian suicide bombing. These threats, and Mr. Arafat's defenders' counterclaims, provide both sides with a personalized drama on which to focus, even as the suicide bombings and reprisal killings continue to spread despair about the prospects for peace.

In this drama, Israel says the issue is Mr. Arafat's overall performance as Palestinian leader: his refusal to crack down on violent Palestinian factions; speeches that encourage militancy; provision of money to groups involved in attacks; sheltering of suspected militants at his battered compound in the West Bank city of Ramallah.

"The Israeli grievance against Yasir Arafat is cumulative," said Dore Gold, an adviser to Prime Minister Ariel Sharon. "It involves acts of omission and commission."

The Israelis cite these examples:

• The Palestinian security forces, numbering some 40,000, have not been ordered to act against militant groups. These forces were in a position to assert themselves until the spring of 2002, during the first year and a half of the current Palestinian uprising, when Israeli troops were making only periodic forays into Palestinian areas. Today, with Israeli troops present throughout the West Bank, the Palestinian security forces are much more limited. But they remain under Mr. Arafat's control.

• Mr. Arafat permits Palestinians wanted by Israel — several security force members who Israel says have organized attacks — to take refuge inside his compound.

• When Israeli forces seized documents from Mr. Arafat's compound last year, they found letters he signed authorizing payments to activists who Israel has accused of involvement in attacks. The documents did not say how the money was spent, but Israel says this shows Mr. Arafat was helping members of the Al Aksa Martyrs Brigades, a group loosely linked to his Fatah movement that has carried out suicide bombings.

• Perhaps most important, Israel says the Palestinian leader must have approved the voyage of a weapons smuggling ship, the Karine A, that was seized by Israel in January 2002 with 50 tons of armaments. Given Mr. Arafat's record of micromanaging Palestinian finances, Israel says, such a shipment, which was valued at millions of dollars, would never have taken place without Mr. Arafat's involvement. Mr. Arafat has denied having a role, but the Bush administration rejected his version of events and cut ties in the months after the episode.

For all of the Israeli accusations, Mr. Arafat and the Palestinians have an answer: Their leaders cannot be expected to crack down on Palestinian factions while Israeli forces occupy Palestinian areas and impose great hardships on civilians.

"For this Israeli government, which is not interested in the peace process, the easiest thing is to blame Arafat," said Dr. Ali B. Jarbawi, a political science professor at Bir Zeit University in Ramallah.

Prime Minister Sharon's government has shunned Mr. Arafat and effectively confined him to his offices since December 2001, a strategy accepted by the Bush administration. But with Israeli frustration mounting after two suicide bombings on Sept. 9, Mr. Sharon's government has taken to threatening to remove Mr. Arafat. This could involve anything from walling him off to exiling him, or perhaps even killing him.

The call to remove Mr. Arafat has broad support in Israel, but has met deep opposition internationally, even from the United States. Though President Bush last week said that "Mr. Arafat has failed as a leader," his administration opposes exiling or killing Mr. Arafat, fearing a harsh backlash.

Israeli moves against Mr. Arafat do not appear imminent. But another big Palestinian attack could change that.

Polls show about 60 percent of Israelis support ousting Mr. Arafat one way or another, though most Israeli liberals, like Shimon Peres, the opposition Labor Party's leader, reject the idea. For better or worse, they say, Mr. Arafat is the Palestinian nation, at least in the Palestinian imagination.

"He is the founding father, the hovering spirit, the symbol, the myth, the consensus," the Israeli journalist Ben Caspit wrote recently in the daily Maariv. "What a pity that the possessor of these traits has already proven himself unreliable. We cannot live with him, and we cannot live without him."

nytimes.com



To: JohnM who wrote (8633)9/20/2003 9:54:28 PM
From: LindyBill  Respond to of 793738
 
A different Dowd column. She obviously is smitten with Arnold.

September 21, 2003
OP-ED COLUMNIST
Labors of Hercules
By MAUREEN DOWD


LOS ANGELES

I picked up the phone.

Arnold Schwarzenegger's Teutonic accent boomed through the line. "Who's your daddy?" he demanded.

I was stunned. I was expecting a call from his campaign, because I had asked him the day before if I could have an interview. But what could he possibly be thinking? Had all the flak he'd been taking from the other candidates about avoiding debates driven the movie star off the deep end? Were those Arnold the Barbarian rumors true?

As I was trying to figure out how to answer, the voice grew more insistent: "Who is your daddy and what does he do?"

"He was a policeman," I replied.

"You lack discipline!" Arnold barked.

While I was puzzling over how he knew that, before we'd even met, I heard my assistant, Julie, giggling in the next office. It turned out the voice on my phone was emanating from her computer — downloaded sound clips from the actor's movies.

Real Arnold, as it turned out, knew about Computer Arnold. When I met him Friday evening at Caffe Roma in Beverly Hills, he laughed when I confessed my mistake. "That's from `Kindergarten Cop' — `Tell me, who is your daddy, what does he do?' "

He seems unfazed by those who make fun of his father's Nazi past or his accent. Smoking a cigar and sipping an espresso, he recalled the voice coach he went to after he was told he'd never make it in Hollywood: " `A fine wine grows on a vine' was one of the things we practiced, because in German the F, the W, the V sounds are switched."

"How about the guy who was on Howard Stern just recently?" Mr. Schwarzenegger says, about an Arnold impersonator. "People really thought it was me, talking about strippers and things."

That's not helpful, I noted, at a time when the fledgling politician has been getting some heat for his real appearance Wednesday with Howard Stern, who tried in vain to draw him into a discussion on why the Los Angeles City Council banned lap dances. The show, prudishly sniffed Bruce Cain of Berkeley's Institute of Governmental Studies to The San Francisco Chronicle, is "classic adolescent male humor."

Poor Arnold. He's squeezed between McClintock conservatives, who don't like his female-friendly positions on social issues, and starchy P.C. types, who don't like his history of ribald humor and macho roles. At a press conference in South Central the other night, an overwrought woman from a TV station pressed him on a quote he gave while promoting "Terminator 3," about how cool it was to push the female Terminator's face into a toilet bowl.

It was impossible not to feel sorry for the guy, as he explained once more: "She was a machine. She wasn't a woman. She was a machine. Do you get it? I love women. Trust me."

Gray Davis, the stiff, unpopular guy, is out there straining to act spontaneous and loosey-goosey. On Thursday, Jesse Jackson coached Mr. Davis in rhyming, and on Friday, the wooden governor relied on Al Gore to help him kick back. As Mr. Gore wiggled his derrière to a blaring soundtrack of James Brown, Mr. Davis did his best to clap on beat.

Mr. Schwarzenegger, the engaging, popular guy, is out there straining not to act spontaneous and loosey-goosey. His new strategist, the crafty Mike Murphy, says they need to let Arnold be Arnold, but Arnold confesses the transition from sassy star to serious pol is hard. "I have to now be very careful," he said. "People say to you all the time, `Arnold, be yourself, just the way you are.' It sounds good but as soon as I put on my cowboy boots or the loud belt buckle, they say, `Arnold, don't wear that jacket. That T-shirt doesn't work.' So they say be yourself and you really can't."

The other candidates have ganged up on the ex-bodybuilder and kicked sand in his face. The governor doesn't bother to put up much of a defense of his record. Instead, he paints himself as another victim of the right wing that snatched Florida and impeached Bill Clinton. But even as he denounces those who would have impeached Mr. Clinton over his peccadilloes, his supporters have not hesitated to spread gossip about Mr. Schwarzenegger's racy past.

"It's not about my personal life," the Republican says. "It's not about what I said to Oui magazine. It's not about me going to this debate versus this debate. It's all about people wanting to get him out of there."



To: JohnM who wrote (8633)9/21/2003 4:13:29 AM
From: LindyBill  Respond to of 793738
 
Politicized Courts: They're a Time-Honored Tradition

By Edward Lazarus Los Angeles Times
Edward Lazarus, a lawyer in private practice, is the author of "Closed Chambers: The Rise, Fall, and Future of the Modern Supreme Court."

September 21, 2003

In 1801, after Thomas Jefferson defeated incumbent Federalist John Adams for the presidency, the outgoing Federalists pushed through the nation's first court-packing plan. In what became known as the "Midnight Judges Act," they created a host of new judicial offices and appointed loyal Federalists to fill them.

The whole mess landed in the lap of the Supreme Court after William Marbury, one of the would-be midnight judges who hadn't been installed prior to the change of government, sued for his promised seat on the bench.

The court's decision in Marbury vs. Madison, written by Federalist Chief Justice John Marshall, upheld Marbury's entitlement to the judicial commission. To avoid a political crisis with the Jefferson administration, though, the court struck down as unconstitutional the statute by which Congress had given the Supreme Court power to hear the case. The ruling is best remembered for having established the principle of judicial review, which holds that the judiciary can declare acts of Congress or the president unconstitutional. But the court's actions in the case were pure politics.

People today act shocked that the courts seem influenced by politics. When the Supreme Court overturned a lower court in Bush vs. Gore following the 2000 election, Democrats cried foul. Similarly, when the 9th Circuit Court of Appeals ruled recently that California's recall election should be postponed, Republicans were outraged. But in fact, the line between law and politics has never been all that sharp, and the early history of the U.S. judiciary is one of judges even more deeply embroiled in electoral politics than judges today.

The issue is embedded in how the system is set up. Judges are political animals, largely appointed by politicians for political reasons. On top of that, the courts have had to rule on many of the nation's most highly charged political issues.

In 1819 the Marshall court put its imprimatur on the nationalization of the fledgling American economy by approving the chartering of a national bank. It also provided legal guideposts for the dispossession of Native Americans as the nation started to fulfill its "manifest destiny."

In the decades that followed, slave owners and abolitionists importuned the courts to take their respective positions in the sectional crisis. That process led to the Supreme Court's infamous Dred Scott decision, which, in upholding slavery as an institution, gave the nation a hefty push toward civil war.

Later, the court played a major role in ending Reconstruction of the South, in mediating between labor and business as the worldwide labor movement flourished, in first invalidating and then encouraging the growth of the modern administrative state to overcome the crisis of the Great Depression, in curbing the worst excesses of McCarthyism and, most recently, in upholding the legal rights of minorities, women and gays.

In these and other matters of paramount national significance, the political perspective of individual judges couldn't help but influence judicial policy.

It is woven deep into the fabric of our system that presidents select federal judges, and especially Supreme Court justices, in large part based on their political views. Adams appointed Federalist judges who shared his vision of a strong national government. Franklin Roosevelt selected judges who supported the New Deal and opposed judicial meddling in economic legislation. Ronald Reagan named judges who shared his views on states' rights, abortion and fighting crime.

As one would expect, the politics of the federal courts have reflected this politically based appointment process. Judicial decisions inevitably reflect the politics of the judges who issue them in part because the most important legal questions inevitably call into play a judge's sense of right and wrong, which in the end reflects, to some degree, his or her politics.

There are politics, though, and there are politics. And saying they are an inevitable aspect of judging is not an endorsement of last week's recall decision. This ruling, which will now be reconsidered by a larger panel of the 9th Circuit, was rendered by three of the nation's more liberal judges from its most liberal appellate court, delaying an election in a fashion highly advantageous to the political party with which they are affiliated.

The decision was based, moreover, on Bush vs. Gore, which was itself one of the most purely partisan decisions ever, one rendered by a narrow majority of conservative Republicans who invoked a novel and analytically indefensible theory of law to guarantee that there would be a political compatriot in the White House. For a liberal panel of appellate judges to hoist political conservatives with their own petard may provide a moment of gleeful irony for the rest of us, but it raises the specter of shifting to the judiciary the same partisan tit for tat that already has created chaos in the judicial nomination and confirmation process.

Still, this kind of partisan judging also is part of a long American tradition. Samuel Chase, one of the first Supreme Court justices and an ardent Federalist, ran John Adams' unsuccessful reelection campaign and then, failing in that, used his judicial post to seek indictments against leading anti-Federalists for having violated the sedition laws in their criticisms of Adams. The other side responded by impeaching him.

During the Dred Scott case, President-elect James Buchanan engaged in secret politicking with several of the justices to advance the broad pro-slavery result he wanted the court to reach. A proximate result was war.

These were not bright spots in American judicial history. And we are not in a bright spot now. In America, to rephrase Clausewitz, law is a continuation of politics by other means. But if our democracy is going to thrive, we need from our judges the high politics of judicial statesmanship and not the low politics of partisan power plays.
latimes.com



To: JohnM who wrote (8633)9/22/2003 6:15:53 AM
From: LindyBill  Read Replies (1) | Respond to of 793738
 
I think Bartlett is on the right path with this article. He has been around almost since Roosevelt with the WSJ. :>)

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THINKING THINGS OVER

Angry Democrats: Lost Birthright
Why they hate Bush as much as Republicans once hated FDR.

BY ROBERT L. BARTLEY
Monday, September 22, 2003 12:01 a.m.

To protect democracy, three judges of the far-left Ninth Circuit Court of Appeals have just canceled elections in California. The last horselaugh, I'd hope, for the Democratic charge that Republicans are subverting democracy. As we saw in this space last week, the charge was already a pretty silly explanation of the patent anger surging through the Democratic primaries.
The anger must have deeper, perhaps subconscious roots. So let me put the Democratic base on the couch and offer my own speculation. The party's most ardent adherents are angry because they feel they've lost their birthright.

That is to say, base Democrats think of themselves as the best people: the most intelligent and informed, the most public spirited, the most morally pure. This self-image has become more than a little shopworn over the years, and now George Bush's conservative Republicans threaten to strip it away. Inevitably such Democrats are angry.

Consider the purely political side: The Democratic Party held the House of Representatives for 40 years and the Senate and White House for most of an era reaching back to World War II. Today the Democrats' last toehold on political power is the ability to muster 40 votes to sustain a filibuster in the Senate--a not-so-democratic tactic it is using in unprecedented ways to sustain the judicial imperialism on display with the Democratic appointees on the Ninth Circuit.

The party's future bids further decline, despite the narrowness of the 2000 presidential election, and despite the Republican president's momentarily fading poll numbers. In the 2004 elections, the Senate races include 19 seats now held by Democrats and 15 held by Republicans. All but maybe two of the Republicans seem safe, while three Democratic incumbents have already announced their resignations. Of the 19 Democratic seats at stake, 10 are in "red" states carried by President Bush in 2000.

The midterm 2002 elections have been largely overlooked, further, but were a historical Republican success. Almost always an incumbent president's party suffers congressional losses in its first midterm elections, but the Republicans regained Senate control and added to their House majority. The nationwide House vote was 51% Republican and 46% Democratic. In state legislatures, Republicans gained 141 seats, winning a nationwide majority for the first time since 1952.

Looking at these results, Michael Barone speculates in the new edition of the Almanac of American Politics, "It may be that history will record the years 1995-2001, when there was parity between the two parties and when Clinton was re-elected and Al Gore came so close to being elected, as a Clinton detour within a longer period of Republican majority, something like the Eisenhower detour in majority-Democratic America." This is no sure thing, as Mr. Barone quickly notes. National security was a big Republican plus in 2002, and conceivably it could become a liability in 2004. But still, the specter of a generation in the wilderness haunts the Democratic primaries.

Beyond mere politics, the fading birthright becomes a matter of self-identity. It's possible, we've witnessed, to assert moral superiority while defending the Clinton perjury, sexual escapades, vanishing billing records and last-minute pardons. But politicians, pundits and intellectuals with this record shouldn't expect much moral deference from the rest of us. Indeed, inner doubts about their own moral position is one obvious path to anger.
Even without the Clinton problems, the Democratic Party has descended into a collection of interest groups not bound together by any ideals. So we see scions of inherited wealth berating the "rich," meaning those successful at earning their own money. We see supposed champions of civil rights standing in the schoolhouse door to prevent vouchers that might give a break to black children in the District of Columbia.

We see a highly qualified potential judge filibustered into withdrawal precisely because he's Hispanic, and therefore a threat in ethnic politics. We see that once a martyred president urged us to "share any burden," his brother now belittles the war that toppled Saddam Hussein throwing around reckless and irresponsible charges of "bribing" foreign leaders--his own personal past, by the way, having produced remarkably little reticence.

Yes, above all the war; the self-identity of the Democratic base is still wrapped up in Vietnam. In fact Vietnam started as a liberal, Democratic war, so turning against it had to be justified by assertions of a higher morality, especially among those with student deferments from the draft. The notion that military force was immoral, even that American power was immoral, was deeply imbedded in the psyche of Democratic activists everywhere.

Now comes George Bush asserting that American power will be used pre-emptively to avert terrorist attacks on America, to establish American values as universal values. This so profoundly challenges the activists' self-image that they can only lash out in anger. Not many of them actively hope the U.S. fails in Iraq, of course, but they are in a constant state of denial that it might succeed.

What's more, this challenge is brought to them by a born-again MBA from Midland, Texas. This is a further challenge to their image of the best people, secular Ivy-league intellectuals. And to twist the knife, President Bush actually comes from an aristocratic family and went to prep school, Yale and Harvard. He has rejected these values for those of Texas.

Current Democratic anger will likely in the fullness of time prove to be the rantings of an establishment in the process of being displaced. Come to think of it, they sound like nothing so much as the onetime ire of staid Republicans at Franklin D. Roosevelt as "a traitor to his class."
Mr. Bartley is editor emeritus of The Wall Street Journal. His column appears Mondays in the Journal and on OpinionJournal.com.

opinionjournal.com



To: JohnM who wrote (8633)9/22/2003 7:25:06 AM
From: LindyBill  Respond to of 793738
 
Is Larry Summers the new James Bryant Conant? The "Boston Globe" thinks he may well be.
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Start making sense
Critics say Harvard's curriculum fails to provide rigor, coherence, and basic knowledge. Larry Summers is on a mission to change all that.
By Patrick Healy, Globe Staff, 9/21/2003

IT WAS 1941 AND FASCISM was on the rise when James Bryant Conant, Harvard University's 23d president, hit on an imaginative way to put the growing rumors of war to academic use. He formed a committee -- not a panel of plodding pedants, but what can fairly be called the committee of Harvard's last century -- to determine "the objectives of a general education in a free society.'' Conant wanted to toughen up the curriculum and organize Harvard's jumble of tutorials, concentrations, and electives around the central idea of "general education'': There were certain things that any Harvard College graduate should know in order to contribute to society. In an age of totalitarian threats, the fate of Western democracy required no less.

The endeavor had a greater impact than even Conant probably expected. The committee's 1945 report, known as the Redbook for its crimson color, imposed structure and order on undergraduate education even as it promoted Conant's vision of citizens putting knowledge to use. An increasingly diverse student body, thanks to the GI Bill and Conant's support for meritocratic recruitment, was brought together in new required courses such as "Natural Sciences 1: The Physical Sciences in a Technical Civilization,'' "Social Sciences 2: Western Thought and Institutions,'' and "Humanities 3: Individual and Social Values.'' Conant's General Education requirements came to influence "core'' and "foundation'' curricula at high schools and other leading universities across America; by 1950, according to Morton and Phyllis Keller's 2001 book "Making Harvard Modern,'' more than 40,000 copies of the Redbook had been sold.

Flash forward to spring 2003. Harvard's 27th president, Larry Summers, is sipping Diet Coke at UpStairs on the Square, where he has dropped by to help his English faculty persuade a Pulitzer Prize winner at the dinner table, CUNY's Louis Menand, to join their department. In the relaxed atmosphere, the conversation soon turns to a matter of some consequence: Summers's new review of the undergraduate curriculum. Once again, a Harvard president was dissatisfied with academic work he regarded as lacking in rigor and inadequate to the challenges of a new globalizing era.

At one point, several professors say, Summers recalled a top Harvard art historian's reaction to his comment that he wished an old class, "Fine Arts 13,'' was still in the course catalogue to provide an introductory survey for students who probably wouldn't study art history again. Summers apparently liked this anecdote so much that he repeated it in his commencement speech last June. "Reacting with a mixture of consternation and hilarity, she wondered how I could possibly expect any self-respecting scholar to propel our students -- like a cannonball -- from 'Caves to Picasso' in one academic year,'' Summers said in the speech. He clearly hadn't cottoned to her view. Summers also told the English professors that the administration has received some letters from graduates asking why they didn't have the chance to take a Great Books-style course covering, say, Homer to Woolf.

Summers put all of this on the table, and the table jumped. It was as if the ghost of Conant were hovering at their shoulders. It's a new world, and the old ways won't do.

Menand, who has thought a great deal about the ways colleges organize education, says he and others suggested that there were fresher, more interdisciplinary approaches than traditional surveys -- a course could include the basics of "Fine Arts 13'' while also incorporating new thinking about the influences of literature, history, and politics on a given painting or sculpture.

"The Redbook was a brilliant solution, circa 1945, and that's part of what Summers is trying to get at,'' says Menand, author of "The Metaphysical Club,'' and, as of next spring, professor of English at Harvard. "I certainly hope he'll be up for something that squares this circle.''

As working groups of Harvard professors begin the curriculum review this month, with hopes of issuing their own reports by next spring, Summers hopes the results will have the same impact on the nation that the Redbook did. This review may well be his intellectual legacy at Harvard, as much as the new Allston campus may be his physical one.

But it won't be easy. Conant's curriculum spoke to an age when the belief in systematically unifying human knowledge, and using it to advance democracy and prosperity, was strong. In his own way, Summers is an heir to Conant's optimistic, liberal-minded, science-friendly tradition. But he lives in a very different age, when the belief that there is any single, universally valid organization of knowledge has come into question, and some theoreticians batter away at the universal truth claims of science even as it changes the world at a dizzying pace.

Summers and his faculty are searching for educational consensus at a time when new fields of knowledge are multiplying as rapidly as Internet blogs, and the very concept of consensus is in ill repute in some quarters. Harvard College Associate Dean Jeffrey Wolcowitz estimates that "with 650 faculty members, there will be 650 ideas about what we want our students to learn.''

All opinions are equal among the new curriculum working groups, but clearly Summers's opinions are more equal than others. At commencement, Summers made it clear he expects the review to lead to real reforms with a certain back-to-basics ring to them.

"All students,'' he argued in front of 5,000 graduating seniors, parents, and alumni, should "know how to compose a literate and persuasive essay,'' "know how to interpret a great humanistic text,'' "know how to connect history to the present,'' and "know -- they should genuinely understand at some basic level -- how unraveling the mysteries of the genome is transforming the nature of science.''

The soft oratory skills of many in Generation Y were no less a concern. "It is not clear to me that we do enough to make sure that our students graduate with the ability to speak cogently, to persuade others, and to reason to an important decision with moral and ethical implications,'' said Summers, himself an intimidating master of rhetorical combat who tends to make up his mind by arguing points and counterpoints with those whose intelligence and oratorical skills he respects.

Certainly, Summers's academic review is even more breathtakingly ambitious than those of past presidents. In the late 19th century, Charles W. Eliot thoroughly modernized Harvard by allowing students a wide choice of electives, But in 1902, Eliot and his faculty -- including his future successor, A. Lawrence Lowell -- undertook a major study of the free elective system, which resulted in a more rigid curriculum, featuring more concentrations (as Harvard calls majors) and faculty-student tutorials. Conant, in turn, wasn't a huge fan of tutorials, thinking them too costly in money and faculty time. He wanted a general education program that would push "gentleman's C'' students toward a mastery of core knowledge and higher academic standards.

But a generation later, the faculty had largely lost interest in Conant's "Gen Ed'' and the '60s protest culture had led to grade inflation, optional final exams, and other challenges to traditional academic standards. At this point, another activist president, Derek C. Bok, and his right-hand dean, Henry Rosovsky, undertook their own Conant-like review of the situation. In 1978, they replaced required courses such as the Conant-era Natural Sciences 1 with a new "Core Curriculum'' that covered areas of study from "Historical Studies'' to "Moral Reasoning'' to "Literature and Arts,'' while offering a wide range of courses in each. The Core combined the classical and comprehensive-sounding (Marjorie Garber's "Shakespeare, The Early Plays,'' the late Stephen Jay Gould's "The History of Life and of the Earth'') with the more specialized ("The Hero of Irish Myth and Saga,'' "Korean Cultural Identities'').

This Core -- still in place today -- owed something to the advent of progressive educational theory. It was concerned less with names and dates and Great Books (though some were studied) than with a guiding philosophy: Familiarize students with "ways of knowing'' and "modes of inquiry'' that would then undergird a lifetime of critical thinking.

Today, every aspect of the curriculum is on the table -- the Core, the concentrations, faculty-student advising, students' writing skills, and even their speaking abilities. But there is a widespread belief on campus that the president is hoping most of all to transform the Core and its perceived emphasis on methods over content.

"When we consider the importance, embodied in the core, of exposing students to 'ways of knowing,' I hope that we will think more rigorously about the level of mastery we ask of our students, and more flexibly about how we let them acquire it,'' Summers declared at commencement.

Of course, there is more than one way to organize a liberal arts curriculum. Columbia University's famous year-long course Literature and Humanities, or "Lit Hum,'' which came of age decades before Conant's Gen Ed, requires all students to read most of the same Great Books: "The Odyssey,'' Dante's "Inferno,'' "King Lear,'' as well as "Crime and Punishment'' and "To the Lighthouse.'' The University of Chicago, a longtime Great Books bastion, requires students to take small seminars that differ in their readings but largely maintain a classic Western Civ spirit. Many schools have simpler "distribution requirements'' -- two semesters of math, two semesters of humanities, and so on. And some lack a core altogether, such as Brown, which gives students the right to take lots of electives and encourages them to experiment with unfamiliar material by allowing "satisfactory/no credit'' grades.

Summers has not pressed for a Great Books curriculum, but many scholars think he wants to see more survey classes in the traditional mold. The core's emphasis on "ways of knowing,'' in the view of some observers, has grown mushy and inchoatea pleasant-sounding theory that doesn't actually guarantee the acquisition of basic knowledge. Asked if this approach had weakened undergraduate education, or made it fuzzier, Summers says in an interview, "I don't think I want to pass judgment on that. I think the types of approaches and perspectives have to considered by the faculty. . .. I do hope achieving knowledge in key areas would be a crucial element in the general education component.''

On campus, some students dislike the core for being too burdensome (it consumes about a quarter of their studies). Others charge that it is too easy (many classes include subject matter that students are mastering elsewhere) or too random. In any case, it certainly lacks the intellectual coherence and structure of Conant's General Ed scheme. Robert P. Kirshner, a popular astronomy professor who teaches the Core course "Matter in the Universe,'' describes the sometimes confusing core rubrics Science A and Science B as, respectively, "science with numbers'' and "science with stories.'' He says: "Dinosaurs -- Science A or B? It's B, but there are things people ought to know about dinosaurs in A. It's very possible to get through the core and not know those things. Never underestimate the ingenuity of students who want to avoid things.''

The core does have some perennial favorites that draw hundreds of students year after year. Last fall's top courses included former President Reagan adviser Martin Feldstein's "Principles of Economics,'' a review of the fundamentals, and political theorist Michael Sandel's "Justice,'' which takes up ideas about rights, fairness, and community from Aristotle to Kant to Rawls. A less conventional but scarcely less popular class, Thomas Forrest Kelly's "First Nights: Five Performance Premieres,'' focuses on the first performances of Beethoven's Ninth Symphony, Handel's "Messiah,'' and three other famous pieces of music, and ends each semester with the premiere of a specially commissioned work.

Shakespeare scholar Marjorie Garber grants that the core has changed "opportunistically'' over time, as new professors fashion their own, sometimes highly specialized courses and then try to fit them under the core's rubrics. "It was seen as something broadening, trans-departmental. But that doesn't map very immediately onto a structure.'' She adds that many students see the core as "a barrier and not an opportunity.''

If Summers may be looking backward to revive the traditional survey class, he is also looking forward. Nothing is more crucial to Summers, or more dissatisfying, than the state of science education and "science literacy'' for non-science majors. In the 21st century, he suggests, Harvard graduates who don't know the difference between a gene and a chromosome should be as ashamed of themselves as Harvard graduates of years past who couldn't name the author of "Hamlet.'' And "exposure'' to science is not enough.

Students "will need to achieve a reasonable working knowledge of, and facility with, [science's] means of measurement, analysis, and calibration,'' Summers said at commencement.

Many Harvard scientists, understandably, are pleased by the attentionas well as by the prospect of brand-new labs in Allston. But there is, of course, more to figure out than how to teach that gene-chromosome lesson to lit majors. How much math understanding will students be required to have? How will this change the demands put on science professors? Harvard tends to hire scientists because they're great researchers first and foremost -- that many are also enthusiastic teachers, Kirshner says, is a "central miracle'' of the place.

On a fundamental level, does the curriculum make science sufficiently exciting to students? This last question is posed by Bill Kirby, a historian of China and the dean of the Faculty of Arts and Sciences, who is overseeing the curriculum review.

"Fifty percent of students who come in as freshmen think they may well major in the sciences, but only about 25 percent of them actually do,'' Kirby notes. "There are many reasons for this. There are individuals who wish to go to medical school and then in the middle of organic chemistry discover they're better suited to poetry. But beyond that, our current curriculum isn't bringing students into the sciences in the same way as the social sciences or the humanities.''

John Huth, chairman of the Harvard physics department, hopes that the new curriculum will allow scientists and humanists to strike up better conversations. "There was a recent newspaper article on a massive black hole emitting a sound below the lowest frequency. I was discussing this with non-scientists who had some background in the sciences. They were quite interested and engaged. There are many others who wouldn't have the foggiest idea of what the word 'wavelength' meant,'' Huth says.

Some pieces of a new curriculum could be in place as early as fall 2005, and some things about it are already virtually certain. Students will still graduate in four years, not three, Kirby says, even though students are coming from high school with more Advanced Placement credits than ever. ("We assume that four years at Harvard College is a good thing,'' he says.) There will be more chances for small-group work among students, and greater contact between students and professors (a Summers priority).

Of course, there is also great potential for conflict. Will the likely Allston facilities bring more students into the lab, or merely ghettoize the sciences by putting them across the river? Will the stiffening of scientific requirements leach resources away from the humanities? Will professors who have tailored their classes to their own interests willingly accept new teaching assignments? But Benedict Gross, the new dean of Harvard College and point man on the review, notes that there is a broad desire among professors to restructure the curriculum, suggesting that the process will not collapse from infighting.

"The faculty that grew up with the core has largely retired,'' Gross says. "A lot of what's driving this is the interest of the faculty today in possibly simplifying the curriculum.''

For all the uncertainty, it is undeniably an exciting time at Harvard. "We're taking the building down to the studs a little bit, and seeing what's a bearing wall and what's not,'' says Garber. Adds Dean Kirby: "It is that kind of creative anarchism that we're trying to explore.''

Patrick Healy is a Globe reporter. He can be reached at phealy@globe.com.

© Copyright 2003 Globe Newspaper Company.

boston.com



To: JohnM who wrote (8633)9/22/2003 8:19:43 AM
From: LindyBill  Read Replies (2) | Respond to of 793738
 
And a comment on that article on Summers from "Hub Blog"
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Larry Summers and James Bryant Conant?: The mere fact the two are mentioned together says much about the possibly profound changes under way at Harvard University. Summers appears to be winning, but not “winning” in the traditional Culture Wars sense. He’s cajoling the faculty back to some type of “core” curriculum but pushing the university toward more scientific studies. ... The Good News: There seems to a consensus that things should be somewhat radically tightened up. ... He’s definitely walking a tightrope, though. Very subtle diplomacy going on in Cambridge. ... Curious to see what happens.

FYI: If anyone thinks this doesn’t mean a lot to our local and national education and economic systems, they have a screw loose. Harvard doesn’t have the clout it once had, but it still has enormous, enormous clout. ...
hubblog.blogspot.com