July 12, 2009

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Miguel Estrada, who is from Honduras, provides background on events there.

… Something clearly has gone awry with the rule of law in Honduras — but it is not necessarily what you think. Begin with Zelaya’s arrest. The Supreme Court of Honduras, as it turns out, had ordered the military to arrest Zelaya two days earlier. A second order (issued on the same day) authorized the military to enter Zelaya’s home to execute the arrest. These orders were issued at the urgent request of the country’s attorney general. All the relevant legal documents can be accessed (in Spanish) on the Supreme Court’s website. They make for interesting reading.

What you’ll learn is that the Honduran Constitution may be amended in any way except three. No amendment can ever change (1) the country’s borders, (2) the rules that limit a president to a single four-year term and (3) the requirement that presidential administrations must “succeed one another” in a “republican form of government.”

In addition, Article 239 specifically states that any president who so much as proposes the permissibility of reelection “shall cease forthwith” in his duties, and Article 4 provides that any “infraction” of the succession rules constitutes treason. The rules are so tight because these are terribly serious issues for Honduras, which lived under decades of military rule.

As detailed in the attorney general’s complaint, Zelaya is the type of leader who could cause a country to wish for a Richard Nixon. …

Last week we posted items on the fundamental dishonesty of the law firm name of Sotomayor & Associates. Stuart Taylor writes on the improper way Soto and her court buddies tried to dispose of the Ricci case.

For all the publicity about the Supreme Court’s 5-4 reversal of Judge Sonia Sotomayor’s decision (with two colleagues) to reject a discrimination suit by a group of firefighters against New Haven, Conn., one curious aspect of the case has been largely overlooked.

That is the likelihood that but for a chance discovery by a fourth member of the 2nd Circuit Court of Appeals, the now-triumphant 18 firefighters (17 white and one Hispanic) might well have seen their case, Ricci v. DeStefano, disappear into obscurity, with no triumph, no national publicity and no Supreme Court review.

The reason is that by electing on Feb. 15, 2008, to dispose of the case by a cursory, unsigned summary order, Judges Sotomayor, Rosemary Pooler and Robert Sack avoided circulating the decision in a way likely to bring it to the attention of other 2nd Circuit judges, including the six who later voted to rehear the case.

And if the Ricci case — which ended up producing one of the Supreme Court’s most important race decisions in many years — had not come to the attention of those six judges, it would have been an unlikely candidate for Supreme Court review. The justices almost never review summary orders, which represent the unanimous judgment of three appellate judges that the case in question presents no important issues.

McClatchy Newspapers report Soto’s backers go after Ricci.

Supporters of Supreme Court nominee Sonia Sotomayor are quietly targeting the Connecticut firefighter who’s at the center of Sotomayor’s most controversial ruling.

On the eve of Sotomayor’s Senate confirmation hearing, her advocates have been urging journalists to scrutinize what one called the “troubled and litigious work history” of firefighter Frank Ricci. …

Now Hampshire says Sotomayor polls like Harriet Miers.

Charles Krauthammer looks at the START treaty the kid president signed in Moscow.

… Obama says that his START will be a great boon, setting an example to enable us to better pressure North Korea and Iran to give up their nuclear programs. That a man of Obama’s intelligence can believe such nonsense is beyond comprehension. There is not a shred of evidence that cuts by the great powers — the INF treaty, START I, the Treaty of Moscow (2002) — induced the curtailment of anyone’s programs. Moammar Gaddafi gave up his nukes the week we pulled Saddam Hussein out of his spider hole. No treaty involved. The very notion that Kim Jong Il or Mahmoud Ahmadinejad will suddenly abjure nukes because of yet another U.S.-Russian treaty is comical.

The pursuit of such an offensive weapons treaty could nonetheless be detrimental to us. Why? Because Obama’s hunger for a diplomatic success, such as it is, allowed the Russians to exact a price: linkage between offensive and defensive nuclear weapons.

This is important for Russia because of the huge American technological advantage in defensive weaponry. We can reliably shoot down an intercontinental ballistic missile. They cannot. And since defensive weaponry will be the decisive strategic factor of the 21st century, Russia has striven mightily for a quarter-century to halt its development. Gorbachev tried to swindle Reagan out of the Strategic Defense Initiative at Reykjavik in 1986. Reagan refused. As did his successors — Bush I, Clinton, Bush II. …

Prince Charles announced we have “96 months left” to save the planet. His grandmum lived to be 100. We can hope Elizabeth does the same. Mark Steyn comments on the devastation that would be created by the “warm-mongers”.

… “I don’t think a lot of electricity is a good thing,” said Gar Smith of San Francisco’s Earth Island Institute a few years back. “I have seen villages in Africa that had vibrant culture and great communities that were disrupted and destroyed by the introduction of electricity,” he continued, regretting that African peasants “who used to spend their days and evenings in the streets playing music on their own instruments and sewing clothing for their neighbors on foot-pedal-powered sewing machines” are now slumped in front of “Desperate Housewives” reruns all day long.

One assumes Gar Smith is sincere in his fetishization of bucolic African poverty, with its vibrantly rampant disease and charmingly unspoilt life expectancy in the mid-forties. But when an hereditary prince starts attacking capitalism and pining for the days when a benign sovereign knew what was best for the masses he gives the real game away. Capitalism is liberating: You’re born a peasant but you don’t have to die one. You can work hard and get a nice place in the suburbs. If you were a 19th century Russian peasant, and you got to Ellis Island, you’d be living in a tenement on the Lower East Side, but your kids would get an education and move uptown, and your grandkids would be doctors and accountants in Westchester County. And your great-grandchild would be a Harvard-educated environmental activist demanding an end to all this electricity and indoor toilets.

Environmentalism opposes that kind of mobility. It seeks to return us to the age of kings when the masses are restrained by a privileged elite. Sometimes they will be hereditary monarchs, such as the Prince of Wales. Sometimes they will be merely the gilded princelings of the government apparatus – Barack Obama, Barney Frank, Nancy Pelosi. In the old days, they were endowed with absolute authority by God. Today, they’re endowed by Mother Nature, empowered by Gaia to act on her behalf. But the object remains control – to constrain you in a million ways, most of which would never have occurred to Henry VIII, who, unlike the new cap-and-trade bill, was entirely indifferent as to whether your hovel was “energy efficient.” The old rationale for absolute monarchy – Divine Right – is a tough sell in a democratic age. But the new rationale – Gaia’s Right – has proved surprisingly plausible. …

David Harsanyi asks, “What if Sarah Palin was president?”

Can you believe the gall of these Sarah Palin cultists? Presidential aspirations? This is a woman who named one of her kids “Track,” for God’s sake. (Well, if it really is her kid.)

William Buckley once wrote that he would rather “entrust the government of the United States to the first 400 people listed in the Boston telephone directory than to the faculty of Harvard University.”

But running government is no longer a suitable vocation for the bumbling proletariat. It’s for folks with schoolin’ and such. It’s a job for herculean thinkers with Ivy League degrees. In other words, no one from Alaska need apply.

Former sports reporters certainly won’t do. We need former constitutional scholars. Who else, after all, has a better understanding of how to undermine the document?

Really, where would we be if a bumpkin like Palin were president? With her brainpower, we’d probably be stuck with a Cabinet full of tax cheats, retreads and moralizing social engineers.

If Palin were president, chances are we’d have a gaffe-generating motor mouth for a vice president. That’s the kind of decision-making one expects from Miss Congeniality.

The job of building generational debt is not for the unsophisticated. Enriching political donors with taxpayer dollars takes intellectual prowess, not the skills of a moose-hunting point guard. …

Michael Barone thinks the American public is finally deciding the Dems are too far left.

The financial system collapsed. Housing prices cratered. Unemployment is at a record high for the last quarter-century. The Democratic president has a solidly positive job rating.

And yet we Americans have not suddenly become collectivists. The economic distress of the 1930s led Americans to favor less reliance on markets and more on government. The economic distress of the 1970s led Americans to favor less reliance on government and more on markets. It doesn’t seem unreasonable to expect, as many political liberals have been predicting, that the economic distress of the late 2000s will produce a shift in the 1930s direction. But it doesn’t seem to have happened yet.

Or so the polling evidence tells us. Last month’s Washington Post/ABC poll reported that Americans favor smaller government with fewer services to larger government with more services by a 54 to 41 percent margin — a slight uptick since 2004. The percentage of Independents favoring small government rose to 61 percent from 52 percent in 2008.  …

Even the Toronto Globe and Mail is getting the message.

… We’ve seen him in action for a bit more than six months. What we can say with confidence, now that we have the evidence of his actions, is that had he run on (a) transforming the U.S. economy by massive federal government intervention, (b) taking an owner’s stake in the automobile industry, (c) transforming the rules of America’s energy economy, (d) instituting a national health-care system – all of these simultaneously and in the centre of a financial meltdown – Barack Obama wouldn’t merely have lost the election, he wouldn’t have got as many votes as gnarly old Ross Perot did in an election long past. He wouldn’t, in other words, have beaten a bad-tempered, egotistical spoiler.

We have also seen enough to make some observations on the observations of his once and now-no-more mentor, Rev. Jeremiah Wright. You will remember when the ravings of Mr. Wright finally got too much for the candidate, when the more pacific words of the “great speech” on race that he could “no more disown him than I can my white grandmother” were rendered inoperative by Mr. Wright’s persistently obnoxious presence. Mr. Obama pushed him aside.

The pastor had one last shot of his own about his onetime “son.” That was the line, “He’s a politician; I’m a pastor. He’s got to do what politicians do.” We know what he meant by “politician”: one who is “forced” to say one thing to get elected, and do another; a person who conceals an agenda under cloudy rhetoric, a person whose calling – politics – is implicitly, essentially, deceptive.

The description is faithful to the commonplace understanding of “politician” today. It matches the stereotype, because the stereotype is a match for (most) of the reality. Mr. Wright may have been wrong in very much, but he knew his “son.” Mr. Obama is a politician, and very much a politician in that harsh, unflattering and somewhat cruel understanding Mr. Wright gave the term. …

The Economist reports on the current scheme to collect solar power in the Sahara.

Jon Stewart turns his dimples against The One in “That’s Great, Now Fix the Economy.”

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