Sunday, June 14, 2009

More Judicial Activism, Please

George Will :: Townhall.com Columnist
by George Will




WASHINGTON -- "We," said Queen Victoria, employing the royal plural, "are not amused." "We," said the Treasury Department on Tuesday, relishing the royal prerogatives it exercises nowadays, "are gratified that not a single court that reviewed this matter, including the U.S. Supreme, found any fault whatsoever with the handling of this matter by either Chrysler or the U.S. government." Is it lese-majeste to note that Treasury is being misleading?


At issue was the government's rush to push the remnants of Chrysler through bankruptcy and into marriage with Fiat, the Italian company that is now yet another business subsidized by U.S. taxpayers. But as the court said in its order permitting completion of Chrysler's bankruptcy, its refusal to review what lower courts have authorized "is not a decision on the underlying legal issues" and pertains to "this case alone."


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That matters because the more complex and consequential General Motors bankruptcy is not completed, and as a consultant said in an e-mail to Chrysler's then-CEO, Chrysler was a "guinea pig" on which the government tested what it can get away with in GM's bankruptcy, which involves the same issues: Is it lawful to use Troubled Assets Relief Program (TARP) funds for this? Does the mistreatment of Chrysler's secured creditors constitute an unconstitutional taking of property?


Hovering on High: Obama Surveys the World

Charles Krauthammer :: Townhall.com Columnist
by Charles Krauthammer



WASHINGTON -- When President Obama returned from his first European trip, I observed that while over there he had been "acting the philosopher-king who hovers above the fray mediating" between America and the world. Now that Obama has returned from his "Muslim world" pilgrimage, even the left agrees. "Obama's standing above the country, above -- above the world. He's sort of God," Newsweek's Evan Thomas said to a concurring Chris Matthews, reflecting on Obama's lofty perception of himself as the great transcender.


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Not that Obama considers himself divine. (He sees himself as merely messianic, or, at worst, apostolic.) But he does position himself as hovering above mere mortals, mere country, to gaze benignly upon the darkling plain beneath him where ignorant armies clash by night, blind to the common humanity that only he can see. Traveling the world, he brings the gospel of understanding and godly forbearance. We have all sinned against each other. We must now look beyond that and walk together to the sunny uplands of comity and understanding. He shall guide you. Thus:


(A) He told Iran that, on the one hand, America once helped overthrow an Iranian government, while on the other hand "Iran has played a role in acts of hostage-taking and violence against U.S. troops and civilians." (Played a role?!) We have both sinned; let us bury the past and begin anew.


(B) On religious tolerance, he gently referenced the Christians of Lebanon and Egypt, then lamented that the "divisions between Sunni and Shia have led to tragic violence" (note the use of the passive voice). He then criticized (in the active voice) Western religious intolerance for regulating the wearing of the hijab -- after citing America for making it difficult for Muslims to give to charity.


(C) Obama offered Muslims a careful admonition about women's rights, noting how denying women education impoverishes a country -- balanced, of course, with "meanwhile, the struggle for women's equality continues in many aspects of American life."


Well, yes. On the one hand, there certainly is some American university where the women's softball team has received insufficient Title IX funds -- while, on the other hand, Saudi women showing ankle are beaten in the street, Afghan school girls have acid thrown in their faces, and Iranian women are publicly stoned to death for adultery. (Gays, as well -- but then again we have Prop 8.) We all have our shortcomings, our national foibles. Who's to judge?


That's the problem with Obama's transcultural evenhandedness. It gives the veneer of professorial sophistication to the most simple-minded observation: Of course there are rights and wrongs in all human affairs. Our species is a fallen one. But that doesn't mean that these rights and wrongs are of equal weight.