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THE ULTIMATE TROJAN HORSE?
RealClearPolitics.com ^ | October 5, 2005 | Tom Bevan

Posted on 10/05/2005 10:29:24 AM PDT by new yorker 77

She's polite. Shy. Smart. Modest. Hard-working. Goes to church. Helps the poor. She immediately won the praise of the leader of the Democrats in the Senate. And yet she may end up making Justices Scalia and Thomas look like a couple of card carrying lefties.

I'm exaggerating for effect, of course, but the point is that despite the dramatic tearing of flesh that has gone on in some conservative quarters over the last 48 hours, the indications are that Bush has chosen someone who is extremely culturally conservative. Based on what little we know at this point, he's also chosen someone who favors the Patriot Act, wider presidential authority and an aggressive national security posture.

I understand the disappointment on the right. Conservatives wanted a first-rate legal and ideological gladiator to go do battle with liberals in the Senate. Instead, Bush gave them the Church Lady.

But gladiators don't receive - nor should they expect to be given - any mercy from their opponents. A humble, accomplished, God-fearing woman is a different proposition. Those who know this process understand that the first few hours and days are absolutely critical in shaping the image of the nominee for the public. Thus far, aside from the griping of conservatives, Miers' public image is developing rather favorably and isn't being radically influenced by attacks from left-wing interest groups the way other nominations would have been.

George Will argues this morning that these types of political considerations are unimportant. Qualifications are all that matter and, according to Will, Miers isn't remotely qualified:

The wisdom of presumptive opposition to Miers's confirmation flows from the fact that constitutional reasoning is a talent -- a skill acquired, as intellectual skills are, by years of practice sustained by intense interest. It is not usually acquired in the normal course of even a fine lawyer's career.

I find this line of reasoning deeply elitist and unpersuasive. Will is setting a standard (years of practice of constitutional reasoning sustained by intense interest) that would exclude a vast number of people who would make perfectly fine justices (including Senators like Orrin Hatch) as well as a number of those who've served ably on the court (including William Rehnquist who spent 16 years in private practice in Arizona and then only 3 years in the Nixon administration before being nominated to the Court).

I also find Will's complete and total deference to constitutional scholarship unsettling. Yes, we want talented, high-caliber appointments to the Court which represents, we should remind ourselves, a co-equal branch of government. It's not at all convincing to say, if you follow Will's logic, that a court made up of nine of the country's most eminent, ivy-league pedigreed constitutional scholars is going to be any better for America than a Court composed of justices who have demonstrable talent of varying legal backgrounds and perspectives. And it is undeniable that Harriet Miers is an accomplished lawyer.

So where does all this leave us? I suspect most Republicans and conservatives will become more comfortable with Miers as we move forward and most Democrats, including Harry Reid, are going to find themselves with an increasing urge to sink her nomination.

One way of doing that is to attack her religious convictions and to imply they make her unfit to serve. This is a very perilous strategy. The other way for the Democrats to derail Miers is to argue that she is unqualified due to a lack of experience and/or intellectual-horsepower. Still a tough case for the Democrats, in my opinion, though certainly a lot easier to make when conservatives are already out there doing it for them.


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: harrietmiers; miers; scotus
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To: anniegetyourgun

fortunately that little rule is written right into the constitution isn't it.

for years it has been used as a way to get non-God fearing justices, now it is time to use the same constitutional edict to turn the tables.

(hoping)


81 posted on 10/05/2005 12:15:48 PM PDT by kpp_kpp
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To: Do not dub me shapka broham

maybe... ;)

Id sleep like a baby at night with a couple more Scalia and Thomas clones on the court.


82 posted on 10/05/2005 12:16:42 PM PDT by Dat Mon (still lookin for a good one....tagline)
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To: Dat Mon
Me too, but that will never happen.

At least not for the foreseeable future.

The one thing this process has actually done, believe it or not, is make me look more favorably upon a potential Giuliani presidential candidacy.

83 posted on 10/05/2005 12:19:54 PM PDT by Do not dub me shapka broham ("I'm okay with being unimpressive. It helps me sleep better.")
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To: Paradox

Oh, excellent quote. That is so on the money. Can't wait for the hearings--I believe W has snookered them once again.


84 posted on 10/05/2005 12:23:26 PM PDT by DCMB (Bless GWB and all our troops)
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To: dead

I do believe what? In gnomes and fairies?


85 posted on 10/05/2005 12:25:58 PM PDT by KC_Conspirator (This space outsourced to India)
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To: TexanToTheCore

"she has run a business"

is going to make a huge difference to millions of Americans trying to do the same... even liberals.

it is very difficult to keep ever rule, regulation, and tax in line trying to run a small business or be self employed.

lawmakers get this to some degree with things like the FEC but no where near the impact of the rules they've place on us.


86 posted on 10/05/2005 12:29:45 PM PDT by kpp_kpp
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To: medscribe

I like Rice, but I'm not she is ready to run for president, or would even want the job, in 2008.


87 posted on 10/05/2005 12:31:25 PM PDT by nickcarraway (I'm Only Alive, Because a Judge Hasn't Ruled I Should Die...)
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To: new yorker 77
A humble, accomplished, God-fearing woman is a different proposition.

Imagine Borking this lady based on her faith. What will the RATS do? Obviously she is very pro life.

88 posted on 10/05/2005 12:32:40 PM PDT by Mike Darancette (Mesocons for Rice '08)
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To: new yorker 77

This article is a lot of wishful thinking. It seems that George Bush puts conservatives in this position a lot, where we bend over backwards to rationalize how his seemingly crappy decisions are actually secretly brilliant.


89 posted on 10/05/2005 12:34:29 PM PDT by Junior_G
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To: PRND21
Stratergery, anyone?

Show ads with her dressed up like someone's maiden aunt, teaching Sunday School and baking cookies, oh wait, that's what she does in real life. The RATS are Skrewed.

90 posted on 10/05/2005 12:38:02 PM PDT by Mike Darancette (Mesocons for Rice '08)
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To: Junior_G
It probably seems that way only because it is that way.
91 posted on 10/05/2005 12:38:16 PM PDT by Do not dub me shapka broham ("I'm okay with being unimpressive. It helps me sleep better.")
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To: Hop A Long Cassidy
Does anyone hear any liberals screaming their heads off?

Give it time the RAT's puppet masters haven't come out with their talking points yet. They should be ready by the Sunday shows.

92 posted on 10/05/2005 12:49:05 PM PDT by Mike Darancette (Mesocons for Rice '08)
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To: new yorker 77
if you follow Will's logic, that a court made up of nine of the country's most eminent, ivy-league pedigreed constitutional scholars is going to be any better for America than a Court composed of justices who have demonstrable talent of varying legal backgrounds and perspectives

One of the problems with an elitist court is sooner or later they will convice themselves that they know how to run the country. Better to have smart people who know the place of the court within the three branches of government. I don't want people re-writing the laws or thinking they can learn something about the US constitution from the europeans. I want someone who says "it's not in here, there is no way it could be interpreted as being in here therefore it is not a federal matter".

93 posted on 10/05/2005 12:51:21 PM PDT by McGavin999 (We're a First World Country with a Third World Press (Except for Hume & Garrett ))
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To: new yorker 77
And yet she may end up making Justices Scalia and Thomas look like a couple of card carrying lefties.

She may fly to the moon on a magic carpet after her swearing in. She might physically assault Ruth Ginsburg the first day on the job. She might...might...might...

Why do I get the feeling that some folks are reaching pretty far out there in support of this woman, to keep from getting banned from the big keg-o-kool-aid?
94 posted on 10/05/2005 12:51:32 PM PDT by fix
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To: TXBSAFH

You stole my objections! LOL.


95 posted on 10/05/2005 12:56:20 PM PDT by chris1 ("Make the other guy die for his countary" - George S. Patton)
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To: KC_Conspirator
The problem is that there is NO evidence to suggest this this.

The evidence is that she has been the managing partner of a very large law firm.

She should be able to take this group of eggheads in hand with out too much trouble.

96 posted on 10/05/2005 1:01:51 PM PDT by oldbrowser (A living, breathing constitution is a usurpation of the people's sovereignty)
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To: Vicomte13

You don't have to be defensive with the old curmudgeon.

BTW ~ sniveling and snivelling are both appropriate ~ being succinct by nature I prefer sniveling. ;)


"For to win one hundred victories in one hundred battles is not the acme of skill.
To subdue the enemy without fighting is the supreme excellence."
~ Sun Tzu ~


97 posted on 10/05/2005 1:02:31 PM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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To: edpc

You are terrible!


98 posted on 10/05/2005 1:02:39 PM PDT by chris1 ("Make the other guy die for his countary" - George S. Patton)
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To: Junior_G; Do not dub me shapka broham
"This article is a lot of wishful thinking. It seems that George Bush puts conservatives in this position a lot, where we bend over backwards to rationalize how his seemingly crappy decisions are actually secretly brilliant."

At some point, people are going to catch on that President Bush's schtick works for him...

Presidency of George W. Bush -- the first 48 months

 


President Bush signing a federal ban on Partial Birth Abortion

Banned Partial Birth Abortion

Reversed Clinton's move to strike Reagan's anti-abortion Mexico Policy

Stopped foreign aid that would be used to fund abortions.

Supported and upheld the ban on abortions at military hospitals

Signed E.O. reversing Clinton's policy of not requiring parental consent for abortions under the Medical Privacy Act

Killed the Kyoto Global Warming Treaty

Killed U.S. involvement in the International Criminal Court

Killed Clinton's CO2 rules that were choking off all of the electricity surplus to California

Killed Clinton's "ergonomic" rules that OSHA was about to implement; rules that would have shut down every home business in America


First Missile is Installed For NMD on July 23, 2004

Killed the U.S. - CCCP ABM Treaty that was preventing the U.S. from deploying our ABM defenses


Built ten ABM silos in Alaska and California so that America has a defense against North Korean nukes

The Commercial Space Launch Amendments Act (less romantically known as H.R. 5382) ultimately allows average Americans to hitch a ride on a civilian space craft at their own risk. The federal ban on such citizen travel was repealed by HR 5382 in 2004. The President signed that bill into law two days before Christmas.

President Bush pledged to Israel on 4/14/2004 that it could keep parts of the West Bank, giving international legitimacy to Jewish settlements there

Denied Palestinian refugees any right of return to what is now Israel, saying they should be resettled in a future Palestinian state instead

Part of coalition (Russia, Israel, EU, Palestine, USA) for Israeli/Palestinian "Roadmap to Peace"

Pushed through THREE raises for our military

Increased Defense Dept funding which had deteriorated during the previous 8 years

President Bush's Grand Strategy (click here)

President Bush's Environmental Record - 2004 (click here)

Signed TWO bills into law that arm our pilots with handguns in the cockpit

Currently pushing for full immunity from lawsuits for our national gun manufacturers

Ordered Attorney-General Ashcroft to formally notify the Supreme Court that the OFFICIAL U.S. government position on the 2nd Amendment is that it supports INDIVIDUAL rights to own firearms, NOT a leftist-imagined *collective* right


Told the United Nations we weren't interested in their plans for gun control (i.e. the International Ban on Small Arms Trafficking Treaty)

Signed the 2004 Omnibus Budget 1/26/2004 that now MANDATES that gun buyers' background check information be fully and permanently destroyed within 24 hours of the completion of the check, no matter what.

Repealed Gun Controls Against Active, Retired, and Off-Duty Law Enforcement Personnel Carrying Weapons Into Local and State Prohibited Zones (7/28/2004)

Enacted powerful tort reform legislation that moves many class action lawsuits from state to federal courts. Requires federal courts to hear cases where the amount of the dispute is more than $5 million, and when the defendant and any of the plaintiffs live in different states.


Disarmed Libya of its Chemical, Nuclear, and biological WMD's without bribes or bloodshed

Won an agreement that U.S. Navy sailors may now freely board thousands of commercial ships in international waters to search for weapons of mass destruction under a landmark pact between the United States and Liberia, the world's No. 2 shipping registry (signed Feb 11, 2004), and Panama 5/10/2004 http://www.nytimes.com/2004/05/11/international/americas/11ship.html).

Approves The First U.S. Counter-Intel Plan

Successfully executed 2 wars and rebuilt 2 nations: Afghanistan and Iraq. 50+ million people who had lived under tyrannical regimes now live in freedom...epitomized by their own free and democratic elections.

Provided Billions in aid, machines, and manpower to tsunami victims.

 

Executed a WAR ON TERROR by getting world-wide cooperation to track funds/terrorists (has cut off much of the terrorist's funding and captured or killed many key leaders of the al Qaeda network)

Bush Administration diplomacy led to the 5/25/2004 peace accord that ended a massive 20-year civil war between Sudan's Islamic north and Christian south after two million deaths Click Here

  Delivered vital emergency aid to millions of survivors on multiple continents (e.g. Africa, SE Asia) of a devastating Tsunami caused by a 9.1 earthquake near Sumatra.

Brought back our EP-3 intel plane and crew from China without any bribes or bloodshed

Started withdrawing our troops from Bosnia and has announced withdrawal of our troops from Germany and the Korean DMZ.

Signed the LARGEST nuclear arms reduction in world history with Russia

Initiated comprehensive review of our military, which was completed just prior to 9/11/01, accurately reported that ASYMMETRICAL WARFARE was critical.
Created NATO's Rapid Response Force

Changed the tone in the White House, restoring HONOR and DIGNITY to the Presidency

Reorganized bureaucracy...after 9/11, condensed 20+ overlapping agencies and their intelligence sectors into one agency: the Department of Homeland Security.

Initiated discussion on privatizing Social Security and individual investment accounts.

Improving govt. efficiency with .8 million jobs put up for bid...weakening unions and cutting undeserved pay raises. Wants merit based promotions/raises only.

Orchestrated Republican control of the White House, the House AND the Senate.

Killed the liberal ABA's role in vetting federal judges for Congress.

GWB signed an executive order enforcing the Supreme Court's Beck decision (re: union dues being used for political campaigns against individual's wishes)

Turned around an inherited economy that was in recession.

Passed tough new laws to hold corporate criminals to account as a result of corporate scandals.

Signed 2 income tax cuts ---- 1 of which was the largest Dollar-value tax cut in world history

Reduced taxes on dividends and capital gains

In process of eliminating IRS marriage penalty.

Increased small business incentives to expand and to hire new people

Eliminated the Estate Tax (AKA "Death Tax") that was taking small farms and businesses from families


Signed into law the No Child Left Behind legislation delivering the most dramatic education reforms in a generation (challenging the soft bigotry of low expectations)

Reorganized the INS in an attempt to safeguard the borders and ports of America and to eliminate bureaucratic redundancies and lack of accountability.

Signed trade promotion authority

Committed US funds to purchase medicine for millions of men and women and children now suffering with AIDS in Africa

Passed Medicare Reform (authorized $39.5 Billion per year for preventive medicine such as drugs and doctor visits as well as included a ten year Privatization option)

Urging federal liability reform to eliminate frivolous lawsuits

Supports class action reform bill which limits lawyer fees so that more settlement money goes to victims


Submitted comprehensive Energy Plan--awaits Congressional action (works to develop cleaner technology, produce more natural gas here at home, make America less dependent on foreign sources of energy, improve national grid, etc.)

Endorses and promotes The Responsibility Era ("In a compassionate society, people respect one another and take responsibility for the decisions they make in life. My hope is to change the culture from one that has said, if it feels good, do it; if you've got a problem, blame somebody else -- to one in which every single American understands that he or she are responsible for the decisions that you make; you're responsible for loving your children with all your heart and all your soul; you're responsible for being involved with the quality of the education of your children; you're responsible for making sure the community in which you live is safe; you're responsible for loving your neighbor, just like you would like to be loved yourself. " -----this quote was too good to leave out)

Started the USA Freedom Corps

Initiated review of all federal agencies with a goal to eliminate federal jobs (completed September 2003) in an effort to reduce the size of federal gov while increasing private sector jobs.

Challenged the United Nations to live up to their responsibilities and not become The League of Nations ( in other words, completely irrelevant)

Nominated strong, conservative judges to the judiciary.


President Bush opened up an additional part of Alaska for domestic oil drilling. In 2004, the National Petroleum Reserve, an area west of the existing Prudhoe Bay field, was approved for new energy exploration and production.

Increased U.S. Oil Drilling Permits 70% Above Clinton-era

Changed parts of the Forestry Management Act to allow necessary clean-up of the national forests in order to reduce fire danger.

As part of the national forests clean-up, the President restricted judicial challenges (based on the Endangered Species Act and other challenges) and removed the need for an EIS (Environmental Impact Statement) before removing fuels/logging to reduce fire danger.
New Forest Rules Gives States Power Over Federal Forests Inside Their Borders
Significantly eased field-testing controls of genetically engineered crops.

President Bush signed the workplace verification bill to prevent hiring of illegal Aliens
S. 1685, the Basic Pilot Extension Act of 2003, was signed by President Bush on December 3, 2003.
It extends for five years the workplace employment eligibility authorization pilot programs created in 1996. It expands the pilot programs from the original five states to all 50 states.


U.S. Forces In Baghdad


2nd Term Supplimental (incomplete)


Broke the Chinese Yuan to Dollar currency peg
CAFTA - President Bush signing CAFTA

Bolton to the UN
Has CONSTRUCTION in process on the second group of eight ABM silos in Alaska and California so that America has a land-based defense (in addition to our sea-based SM-3 and AEGIS systems) of 18 ABM's against North Korean nukes (note: China itself currently only has 24 -out of several hundred- nuclear ICBM's capable of reaching the U.S.)
Energy Bill (new tax cuts...after 5 years of opposition)
Immunity For Gun Manufacturers From Crime-Related Lawsuits
5% unemployment
3.4% annual (after inflation, 5.5% actual) reported GDP Growth
Syrian Troops forced to withdraw from Lebanon

http://www.rferl.org/featuresarticle/2005/07/933f746d-c5d8-491a-bd7c-566de1b66135.html Russians Troops Peacefully Withdraw From Georgia
Disarmed North Korea's Nuclear Weapons Program

99 posted on 10/05/2005 1:04:37 PM PDT by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: Hop A Long Cassidy
Does anyone hear any liberals screaming their heads off?

Why should they, when some on the right are doing it for them?

100 posted on 10/05/2005 1:05:03 PM PDT by malakhi
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