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    Are You The Enemy - The New American Magazine   10 30 06 Are You The Enemy - The New American Magazine 10 30 06 Document Transcript

    • Saving Our Elections • Property Rights Champion Lost • Border Bamboozlement October 30, 2006 $2.95 Are YOU the Enemy? Under the Military Commissions Act of 2006, you could be. See how your Congressmen voted on your future, page 22.
    • Inform. Educate. Involve. You can help shape America. And you can help shape the future. Giving gift subscriptions of The New American magazine to those you know is a thoughtful way to get them to partake in the lively discussion that you and The New American inspire. To order, see next page.
    • Your first gift is $39.00, Additional gifts are just $29.00 each — more than 25% off! Please enter the following One-Year Gift Subscriptions:* *Print your name on the “From” line for each gift as you’d like it to appear on the gift announcement. Name ______________________________________________ Name ______________________________________________ Address ____________________________________________ Address ____________________________________________ City ________________________ State _____ Zip __________ City ________________________ State _____ Zip __________ Send renewal notice to: Send renewal notice to: From ____________________________ ❑ Donor ❑ Subscriber From ____________________________ ❑ Donor ❑ Subscriber Name ______________________________________________ Name ______________________________________________ Address ____________________________________________ Address ____________________________________________ City ________________________ State _____ Zip __________ City ________________________ State _____ Zip __________ Send renewal notice to: Send renewal notice to: From ____________________________ ❑ Donor ❑ Subscriber From ____________________________ ❑ Donor ❑ Subscriber Name ______________________________________________ Name ______________________________________________ Address ____________________________________________ Address ____________________________________________ City ________________________ State _____ Zip __________ City ________________________ State _____ Zip __________ Send renewal notice to: Send renewal notice to: From ____________________________ ❑ Donor ❑ Subscriber From ____________________________ ❑ Donor ❑ Subscriber Name ______________________________________________ Name ______________________________________________ Address ____________________________________________ Address ____________________________________________ City ________________________ State _____ Zip __________ City ________________________ State _____ Zip __________ Send renewal notice to: Send renewal notice to: From ____________________________ ❑ Donor ❑ Subscriber From ____________________________ ❑ Donor ❑ Subscriber Name ______________________________________________ Name ______________________________________________ Address ____________________________________________ Address ____________________________________________ City ________________________ State _____ Zip __________ City ________________________ State _____ Zip __________ Send renewal notice to: Send renewal notice to: From ____________________________ ❑ Donor ❑ Subscriber From ____________________________ ❑ Donor ❑ Subscriber Hawaii and Canada, add $9.00/yr., Foreign, add $27.00/yr. HURRY! OFFER EXPIRES DECEMBER 2, 2006 Donor Name ___________________________________________________________ Total Subs: Amount Enclosed: Address ____________________________________________________________ _____ __________________ $_________________ City _____________________________________ State _______ Zip ______________ 0000 000 0000 000 000 Phone ____________________________ E-mail __________________________________ 0000 0000 0000 0000 VISA/MC/Discover American Express Three Digit V-Code Four Digit V-Code ❑ Check ❑ VISA ❑ Discover ___ ___ ___ ___ ___ ___ ___ ❑ Money Order ❑ MasterCard ❑ American Express # _________________________________________ Exp. Date ________________Signature ___________________________________ Mail or Fax this form to: NAG06 P.O. Box 8040 • Appleton, WI 54912-8040 Fax: (920) 749-3785 • http://www.thenewamerican.com
    • 10 Vol. 22, No. 22 October 30, 2006 COVER STORY ON THE HOME FRONT 10 Are YOU the Enemy? Design by Joseph W. Kelly by Joe Wolverton II, J.D. — Under the Military Commissions Act of 2006, you could be. 15 Expanding Surveillance Authority by William F. Jasper — The surveillance power demanded by the Bush administration would expand executive branch power. 15 17 FEATURES ELECTIONS 17 Saving Our Elections by Kurt Hyde — America’s once proud and trustworthy elections AP AP are being undermined, but concerned citizens can take steps to restore the integrity of our electoral process. 22 CONSERVATIVE INDEX 22 How They Voted Our final look at the 109th Congress shows how every representative and senator voted on key issues, including warrantless surveillance, the border fence, and military tribunals. HISTORY — PAST AND PERSPECTIVE 34 The Fall of Rome by Dennis Behreandt AP IN MEMORIAM 41 Remembering a Champion 34 by William F. Jasper — Helen Chenoweth-Hage was a staunch property rights advocate. THE LAST WORD 44 Border Bamboozlement & Betrayal by William F. Jasper 41 DEPARTMENTS 5 Letters to the Editor 33 Exercising the Right 7 Inside Track 40 The Goodness of America 9 QuickQuotes 43 Correction, Please! AP COVER Design by Joseph W. Kelly
    • Their Names: North American Union Security & Prosperity Partnership Their Agenda: Serving Salt Lake Valley, Utah Combine Canada, Mexico & the United States into a “Superstate” Appliances • Heating • Air Conditioning like the European Union. (801) 254-2566 What You Can Do: Find out more at JBS.org/nau! You’ll be surprised at what’s going on behind your back. Visit today: JBS.org/nau
    • LETTERS TO THE EDITOR Publisher John F. McManus Editor Exposing Racists our “defense” budget is spent protecting the Gary Benoit Sam Antonio has provided a great patriotic exploitation of Middle East oil and gas by service by his coverage of the annual con- multinational corporations? Senior Editor ference of the group National Council of La ROBERT KENDRA William F. Jasper Raza (The Race). In his article “‘The Race’ Putnam, Connecticut to Win America” (August 7 issue), he cites Copy Editor the usual hypocrites, opportunists, and power Kurt Williamsen brokers who spoke glowingly of the racist “Veterinary Ethic” Contributors NCLR: men like Karl Rove, Bill Clinton, and In regard to John Burns’ essay “The Vet- Dennis J. Behreandt New Mexico governor William Richardson. erinary Ethic” (August 21 issue), which Christopher S. Bentley But the most brazen speaker at the confer- was about the doctors in New Orleans who Steven J. DuBord ence was U.S. Senator Samuel Brownback, a stand accused of euthanizing several of Thomas R. Eddlem Jodie Gilmore Republican from Kansas. their patients in the aftermath of Hurricane William P. Hoar Brownback has been one of the most in- Katrina, allow me to offer the following Warren Mass corrigible, arrogant, obdurate, and aggressive observations. Michael E. Telzrow opponents of sensible immigration reform I, too, steadfastly oppose euthanasia. This Joe Wolverton II, J.D. ever since he first set foot inside the Senate “veterinary ethic” has no place in the practice building. He’s obviously going to run for the of medicine. Burns, however, in his zealous Editorial Assistant Ann Shibler Republican presidential nomination in 2008, opposition writes critically without facts. and he’s pandering to a radical bunch of mil- He offends the moral principle found in Art Director itant racists, thinking that most Latinos will American jurisprudence of “suspects are pre- Joseph W. Kelly vote for him if he promises to give La Raza sumed innocent until proven guilty.” Burns and their supporters whatever they want, re- accuses, tries, and convicts three people of Desktop Publishing Specialist gardless of its harm to America. something about which he knows practically Steven J. DuBord Would he dare attend a conference of a nothing factual. Obviously, he believes them Research white group that called itself “The Race”? guilty. They must prove their innocence. Mary Benoit No, but a racist conference of Latinos is fine How absurd. Why not let the legal system Brian T. Farmer with him and the major leaders of today’s function as it should? Bonnie M. Gillis corrupt Republican and Democratic Parties If, indeed, the three accused are guilty, — and with the TV news and newspapers. they should be punished. If not, they should Marketing Larry Greenley America is in very dangerous times largely be freed. Tragically, even if they are inno- George R. Kotalik due to these turncoats. Sam Antonio illustrates cent, their lives will be forever tainted. John H. Nelson quite well and quite frighteningly the real war M.G. SIMPSON, MD our nation is in: one which isn’t in Iraq or Af- Covington, Louisiana Web Manager ghanistan, but one right here on our soil. Brian Witt KENNETH REYNOLDS Advertising/Circulation Bronx, New York UN Gun-control Rhetoric Julie DuFrane Was it possible for Kurt Williamsen to say all that needed to be said about the “UN Gun He’s for War Grab Goes Bust” (August 7 issue) in only a Edward “Ned” Lamont does not oppose the page and a half? Of course not. But the Kofi Iraq War, as parenthesized in “Lieberman vs. Annan announcement Williamsen quoted Lamont” (September 4 issue). He empha- contained a “killer sentence” that most TNA Printed in the U.S.A. • ISSN 0885-6540 P.O. Box 8040 • Appleton, WI 54912 sized in a recent TV interview that frontline readers would have trounced upon, which 920-749-3784 • 920-749-3785 (fax) troops must be replaced by Iraqi troops and Williamsen overlooked: “Our energy, our www.thenewamerican.com that U.S. troops will stay in the background. emphasis, and our anger is directed against Rates are $39 per year (Hawaii and Canada, Translated, that means U.S. troops will be illegal weapons, not legal ones.” add $9; foreign, add $27) or $22 for six months (Hawaii and Canada, add $4.50; foreign, add stationed at the 14 permanent U.S. military How long till the UN figures out a way to $13.50). Copyright ©2006 by American Opin- bases in Iraq as long as necessary (probably make them all “illegal”? ion Publishing, Inc. Periodicals postage paid at indefinitely) to secure the highly profitable RICHARD WARD Appleton, WI and additional mailing offices. Post- master: Send any address changes to THE NEW exploration, development, production, and Greenfield, Tennessee AMERICAN, P.O. Box 8040, Appleton, WI 54912. transport of Iraq’s huge petroleum reserves by Big Oil and its affiliates. Send your letters to: THE NEW AMERICAN, P.O. THE NEW AMERICAN is pub- lished biweekly by Ameri- Are we supposed to believe this scion of Box 8040, Appleton, WI 54912. Or e-mail: can Opinion Publishing the international House of Morgan will re- editorial@thenewamerican.com. Due to vol- Inc., a wholly owned subsidiary of The John duce U.S. military involvement in the Per- ume received, not all letters can be answered. Birch Society. sian Gulf, where as much as one-fourth of Letters may be edited for space and clarity. THE NEW AMERICAN • OCTOBER 30, 2006 5
    • Alabama Stewart H. Welch, Jr. CLU 3940 Montclair Road, Suite 500 Birmingham, AL 35213 1-800-709-7100 Life Insurance • Annuities • Long Term Care
    • Inside Track North Korea Nuke Crisis: Made in the U.S.A. North Korea’s defiant announcement that it had conducted an Korea’s dictatorship, which is our most openly, virulently, self- atomic bomb test on October 9, and that it would continue to avowed enemy. carry out additional tests despite global condemnation, should Now, having helped create the poison, the current administra- have surprised no one. The fact that the communist regime in tion proposes a toxic antidote: a strengthened United Nations. Pyongyang has been aggressively building a nuclear weapons “We will work with the United Nations,” said President Bush program over the past two decades is no secret. What seems to in an October 11 White House press conference. “We’ll support be forgotten is that much of North Korea’s weapons program our allies in the region. And together, we will ensure that North that is now causing such world concern has been built with aid Korea understands the consequences if it continues down its provided first by the Clinton administration and then by the Bush current path.” administration. In 1994, President Clinton announced a great diplo- matic breakthrough, his so-called Agreed Framework, with Communist North Korea. Under the new compact, brokered by former President Jimmy Carter, North Korean dictator Kim Jong-Il promised to freeze his nuclear program in return for two light-water nuclear reactors and 500,000 tons of heavy fuel oil annually from the United States. This was nuclear extortion, plain and simple, but President Clinton announced that this treacherous agreement was “good for the United States, good for our allies, and good for the safety of the entire world.” Clinton’s Secretary of State Madeleine Albright flew off to Pyongyang for a photo-op in which she clinked champagne glasses with Kim, in a toast to the wonderful new relationship. President George W. Bush continued the Clinton aid program, even after publicly condemning North North Korean leader Kim Jong-Il (left) toasts with Korea as a terrorist sponsor in his famous “axis of evil” speech. then-Secretary of State Madeleine Albright. THE NEW AMERICAN has repeatedly exposed the treason and insanity of this program of assisting North AP Secret North American Forum Meeting in Banff, Canada A secret meeting was held in Banff, Alberta, Canada, in mid- North American energy strategy and security cooperation. September where North American elites, including several Bush According to Hurtig: “We’re talking about such an important administration officials, planned for further integration of North thing, we’re talking about the integration of Canada into the Unit- America. To show just how high-level this meeting was, George ed States. For them to hold this meeting in secret and to make Shultz (secretary of state under Reagan, George W. Bush mentor, every effort to avoid anybody learning about it, right away you’ve and a member of the Council on Foreign Relations) was on hand got to be hugely concerned.” to co-chair it. Thomas Shannon, who attended the Banff meeting, made very According to CBC News, Mel Hurtig, noted Canadian author clear what the Banff meeting was about in his remarks at a meet- and politician, was one of the Banff meeting participants. Hurtig ing in Ottawa, Canada on September 14, which are posted on the made public the agenda and attendee list for the September 12-14 U.S. Department of State’s official website, usinfo.state.gov: forum revealing that the gathering was called “Continental Pros- perity in the New Security Environment.” Scheduled participants I also had a chance to go out to Banff, where yesterday and from the United States included Carla Hills, Trilateral Commis- today actually, Canada, the United States and Mexico held sion member and former U.S. Trade Representative; Dr. Robert the second session of the North American Forum. A. Pastor, CFR member and godfather of the North American For those of you who aren’t familiar with the North Ameri- Union (NAU); Dr. Thomas A. Shannon, Assistant Secretary of can Forum, it sprang up as a parallel structure to the Security State for Western Hemisphere Affairs; and Donald R. Rumsfeld, and Prosperity Partnership of North America. It was original- former CFR member and current secretary of defense. Rumsfeld ly an effort to … begin to create a vision for North America was slated to be a keynote speaker. Topics on the agenda included and an understanding of what North America is as an entity. THE NEW AMERICAN • OCTOBER 30, 2006 7
    • Inside Track Proposal to Stop School Shootings Frank Lasee, a state representative in Wisconsin’s 2nd Assembly District, commented about the recent string of school violence, including the killing of a Wisconsin principal and an aborted Columbine-style attack in Green Bay, and an incident involving a Madison, Wisconsin, boy who used a knife from a home eco- nomics class to threaten another student. Lasee notes: “Many on the left will most likely use this tragedy to push for a total ban on A makeshift memorial for the girls guns.... Several countries have tried this tactic. It has failed every time.” For proof, he looks to Great Britain and Australia, where slain in the Amish school shooting. AP strict gun control measures virtually disarmed the general public. In both places armed robbery and murder rates increased substan- attacks of Israeli schools by Palestinian terrorists,” Lasee says, tially. In Great Britain, the “homicide rates jumped by 50%.” “teachers and parent volunteers in the West Bank began carrying To put an end to school shootings, Lasee proposes the same concealed weapons to protect themselves and their students from solution as that implemented successfully by Israel and Thailand harm. In the twenty-five years since, no child has been harmed by — arming teachers and school officials. “Following repeated gunfire in an Israeli school.” Anti-North American Union Resolution Introduced A nonbinding resolution sponsored by Rep. Virgil Goode (R-Va.), can Union with Mexico and Canada; and and cosponsored by Reps. Walter Jones (R-N.C.), Tom Tancredo (3) the president should indicate strong opposition to (R-Colo.), and Ron Paul (R-Texas), brings official opposition these or any other proposals that threaten the sovereignty to the creation of the North American Union and the NAFTA of the United States. Superhighway. The resolution (House Concurrent Res. 487) has been introduced at a time when the Bush administration — along Frequent readers of this magazine are familiar with the threat of with many lawmakers — refuse to admit that President Bush is the North American Union, the Security and Prosperity Partner- trying to secretly implement a new regional government. ship (SPP), and the proposed NAFTA Superhighway. THE NEW The resolution expresses the sense of Congress that: AMERICAN had been reporting on this issue prior to many other media outlets. Surely we can, and should, take some of the credit (1) the United States should not engage in the construc- for generating enough attention for these lawmakers to introduce tion of a North American Free Trade Agreement (NAFTA) this resolution. However, even if this resolution were adopted, it Superhighway System; would only be a first step; Congress needs to enact legislation (2) the United States should not enter into a North Ameri- blocking the North American Union. Mexican President Compares Border Fence to the Berlin Wall An Associated Press report indicated that Mexico’s President Vi- versus protecting our national borders, is a pretty telling litmus cente Fox declared the border fence bill — recently authorized test of what passes for diplomacy out of Mexico. by both houses of Congress — to be “shameful,” and compared According to VDARE.com, Mexico is home to the world’s it to the Berlin Wall. third richest man, including at least AP Mexico’s President-elect Felipe Calde- nine other billionaires, along with nu- ron absurdly urged the United States merous millionaires. The same corrupt government to supply Mexico with new and entrenched ruling class that uses its roads and development instead of building political power and control of the gov- a border fence to prevent would-be illegal ernment to protect its wealth, and amass immigrants from entering our country. more, wants the United States to absorb Comparing a border security fence its poverty, while compelling American made to keep illegal immigrants out to taxpayers to pick up the tab to build up the Berlin Wall (which was structured to the country’s infrastructure. The profits keep in fearful citizens of a totalitarian from that infrastructure building would government), or suggesting that U.S. rev- primarily end up in the pockets of the enue be spent on development in Mexico Mexican President Vicente same ruling elite. ■ Fox (left) with president-elect 8 Felipe Calderon. THE NEW AMERICAN • OCTOBER 30, 2006
    • QUICKQUOTES Germany’s Leader Not Bending to Possible Islamic Extremism “Self-censorship does not help us against people who want to practice violence in the name of Islam. It makes no sense to retreat.” Reacting to a decision to cancel a Mozart opera because of fears that its depiction of something unfavorable to Muslims would invite retaliation, Chancellor Angela Merkel cheered many of her countrymen with her un- willingness to submit to possible violence. AP Ordinary Americans Skeptical About Falling Fuel Prices “I think prices are going down now because it’s election time but I feel they will go back up again right after [November 7].” Pennsylvania school bus driver Roberta Mays believes gasoline prices are manipulated by the Bush administration, an opinion held by 42 percent of Americans according to a Gallup survey. Congressman Says Fence Needed at the Border “We have to come to grips with the fact that our Border Patrol agents need a border fence … where we’re now facing infiltration by members of terrorist organizations like Hezbollah.” A strong supporter of the move to construct a fence at the U.S. southern border, Representative Ed Royce (D-Calif.) points out that some of the individuals sneaking into our country are terrorists. Free Nations Are the Best Protectors of the Environment “Contrary to the slogans of demonstrators throughout the world, the nations that have the best track records on environmental protection and improvement are those with the highest amount of free-market capitalism.” Writing in The Heartland Institute’s Environmental and Climate News, Dr. Jay Lehr and Professor Samuel Aldrich counter the false impression that big governments are nature’s friend. A Pithy Comment About Forgiving Terrorists ▲ “I believe that forgiving them is God’s function. Our job is to arrange the meeting.” In an interview, retired General Norman Schwartzkopf was asked about forgiving the attackers who killed close to 3,000 on September 11, 2001. Alaskan Environmentalist Delighted as Judge Blocks Plan to Tap Oil Reserves “Teshekpuk Lake is of critical international importance AP for migratory birds and other wildlife, and this decision gives us a reprieve and a chance to work for permanent protection of that very special place.” When access to a mere 389,000 acres out of an expanse of 23,500,000 acres of Northern Alaskan tundra was blocked by a federal judge, Audubon Alaska’s President Stan Senner wasted no time in expressing his joy. Former Counterterrorism Chief Critical of Bush Administration “The ham-handed attempts to erroneously link Iraq with the Qaeda attacks destroyed the government’s credibility with much of the country.” Upset about the division in our country because of the Iraq War, former National Security Coun- cil terrorism expert Richard Clarke didn’t shrink from his assessment of the Bush administration’s misinformation. ■ — COMPILED BY JOHN F. MCMANUS AP THE NEW AMERICAN • OCTOBER 30, 2006 9
    • ON THE HOME FRONT Are YOU the Enemy? Under the Military Commissions Act of 2006, you could be. The Military Commissions Act of 2006 allows the executive branch to circumvent the Constitution, endangering the due process of law for all Americans, not just terrorists. by Joe Wolverton II, J.D. the affixing of the president’s signature is by coercion” — think administration-ap- now a formality.* This legislation is being proved methods of torture. We are being O n September 28, by a vote of 65- highlighted by the Bush administration and told that this action is preventive medicine 34, the Senate formally passed S. most Republicans as a get-tough-on-ter- to heal a world gone wrong. Question now: 3930, the Military Commissions rorists measure that allows “alien unlaw- with this fix in place, what’s the prognosis Act of 2006 (MCA). The next day, the ful enemy combatants … [to be] subject for the patient? House of Representatives followed suit, to trial by military commissions” without To begin answering that question, imag- passing the act by a vote of 250-170, and the constitutional safeguards American ine the following scenario: your son Mi- citizens possess against illegal detainment chael (or daughter Michelle) is in Florida * To see how your U.S. representative and senators and judicial railroading. Moreover, the bill on vacation; you speak to him via cell- voted, see House vote #39 and the Senate vote #39 allows “pain or suffering incidental to law- phone when he arrives at the airport and in the “Conservative Index,” pages 22-31. ful sanctions” and “statements … obtained he is waiting in line to check his bags. You 10 THE NEW AMERICAN • OCTOBER 30, 2006
    • go to your local airport at arrival time to clear restriction on the sus- pick him up and he never appears. You call pension of this bulwark of all the relevant authorities, including the liberty, the bill states: Passage of the MCA was pushed by the police, FBI, CIA, and Homeland Secu- current administration in a bid to get rity, and no one acknowledges having any No court, justice, or judge congressional approval of all the illegal information on your son. You go almost shall have jurisdiction to out of your mind; you go to the airport in hear or consider any claim actions that they had already been taking, Florida, interview security guards, conces- or case of action, including obviously banking on the idea that if they sion stand workers, and cabbies. You learn an application for a writ of nothing. After six months of never-ending habeas corpus, pending could get congressional approval, they worry gnawing at your gut, your son is on or filed after the date would also get Supreme Court approval. dropped at your house. You learn that he of enactment of this Act, was mistaken for a known terrorist by the against the United States CIA, flown to Cuba, and interrogated by or its agents, brought by or on behalf The legislation leaves it up to the mili- being repeatedly put in a giant freezer and of any alien detained by the United tary judge to decide whether or not the chilled to within an inch of his life and by States as an unlawful enemy com- coercive methods used to elicit evidence being painfully deprived of sleep. batant, relating to any aspect of the from detainees constitutes torture. The All of this would be allowed under the alien’s detention, transfer, treatment, act instructs the judge to weigh the “to- new act. Worse yet, imagine that the gov- or conditions of confinement. tality of the circumstances” surrounding ernment never figures out that your son the garnering of the prisoner’s testimony is innocent of all charges, and he never Torture in making this crucial determination. This returns. The act gives President Bush the power to sort of ad hoc determination of what is and define for American interrogators behav- is not torture is unsettling and capricious. Habeas Corpus ior that does or does not constitute torture, Remarkably, these parameters will be the In effect, one could say that the sick world physical and mental pain, or serious coer- only binding guidelines for the CIA and is being given potent poison to bring about cion. Admittedly, according to the black others responsible for gathering intelli- the cure sponsored by President Bush. letter of the Military Commissions Act, gence from detainees, regardless of prin- Granted, the bill does not apparently treat evidence obtained by torture is inadmis- ciples of the Geneva Convention, rulings citizens and foreigners equally, and the sible against the suspects. But what con- of the Supreme Court, or constitutional harshest treatment would generally be stitutes torture? prohibitions to the contrary. doled out to foreigners, but is the bill something we want to inflict on ourselves or others? Can we justify it by saying that the majority of those scooped up will be terrorist killers who de- serve what they get? Let’s look at what the bill would do. A component of this bill that has attracted the attention of legal commentators and civil libertarians alike is that part which authorizes the president to suspend the right of habeas corpus. Habeas corpus is Latin for “you have the body.” It grants prisoners the right to re- quest from a judge the reasons for his incarceration. Article 1, Section 9 of the United States Constitution plainly states: “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebel- AP lion or invasion the public safety JAG lawyers: The top lawyers of the military, including those from the Army, Navy, Air Force, and may require it.” Marines, objected to the recently enacted Military Commissions Act because it allows terrorist Despite the Constitution’s suspects to be tried without even knowing the evidence that is presented against them. THE NEW AMERICAN • OCTOBER 30, 2006 11
    • ON THE HOME FRONT voice was but one in a re- Are You an Enemy Combatant? spectable chorus of credible Americans would be forgiven for naively The all-encompassing powers granted opponents harmonizing in believing that while the threats to liberty to the president by the MCA potentially their condemnation of the in the MCA tip-toe toward tyranny, they unconstitutional and un- will only be used toward that end against forbid anyone deemed an enemy of just aspects of the new law. those with at least diaphanous ties to ter- the administration or its policies from None of the parts of this rorism. Namely, they would be employed seeking judicial relief from unlawful song sound as persuasive to protect Americans from that group of as that of the officers of the n’er-do-wells known as “unlawful enemy imprisonment. This law enthrones the armed forces justice system, combatants.” In language that is sure to president as the ultimate arbiter of justice. known as the Judge Advo- shake your sense of safety, the following cate General (JAG) Corps. is the MCA’s definition of an “unlawful These uniquely interested enemy combatant”: Geneva Convention and informed military legal experts ada- This act dismisses outright the limita- mantly oppose several key aspects of this The term “unlawful enemy combat- tions and guarantees provided by the Ge- new legislation. ant” means: (i) a person who has en- neva Convention, as well. After the vote, Referring to the new law’s provision gaged in hostilities or who has pur- Senator Lindsey Graham (R-S.C.) tried to that a detainee is not allowed to see the posefully and materially supported make the act sound as if it never comes evidence presented against him, Rear Ad- hostilities against the United States close to skirting the line in the area of per- miral Bruce E. MacDonald, the Navy’s top or its co-belligerents who is not a sonal legal protections: “America can be lawyer, echoes his colleague’s sentiments: lawful enemy combatant (including a proud. Not only did she adhere to the Ge- “I can’t imagine any military judge believ- person who is part of the Taliban, al- neva Conventions, she went further than ing that an accused has had a full and fair Qaeda, or associated forces); or (ii) a she had to, because we’re better than the hearing if all the government’s evidence person who, before, on, or after the terrorists.” But his statement didn’t even that was introduced was all classified and date of the enactment of the Military hold water with the military lawyers who the accused was not able to see any of it.” Commissions Act of 2006, has been would be charged with operating the tribu- Not to be left out of the battle, the Air determined to be an unlawful enemy nals. Several commented on Common Ar- Force’s chief lawyer, Major General Jack combatant by a Combatant Status Re- ticle 3 of the Geneva Convention. Article Rives, flew into the fray and dropped a view Tribunal or another competent 3 (called “Common Article 3” because it bomb on the MCA, declaring that the com- tribunal established under the author- is common to all four of the conventions) missions established by the act do “not ity of the president or the secretary of proscribes the “passing of sentences and comport with my ideas of due process.” defense. the carrying out of executions without pre- vious judgment pronounced by a regularly constituted court affording all the judicial Hamdi decision: For nearly three years, Yaser Esam Hamdi, a U.S. citizen, was held by guarantees which are recognized as indis- the Bush administration as an enemy combatant without being charged or put on trial. pensable by civilized peoples.” After Hamdi’s legal counsel successfully argued before the Supreme Court that this legal limbo was unconstitutional, the Bush administration simply released Hamdi. In addressing this issue before a Sen- ate committee, Brigadier General James C. Walker, Staff Judge Advocate General (JAG) for the Marine Corps, lamented: “I’m not aware of any situation in the world where there is a system of juris- prudence that is recognized by civilized people, where an individual can be tried without, and convicted without seeing the evidence against him. And I don’t think the United States needs to become first in that scenario.” This new law clearly ignores General Walker’s concern. Specifically, the law declares: “It generally is neither practi- cable nor appropriate for combatants like al-Qaeda terrorists to be tried before tri- bunals that included all of the procedures associated with courts-martial.” Brigadier General Walker’s warning AP 12 THE NEW AMERICAN • OCTOBER 30, 2006
    • Extraordinary rendition: Unbeknownst to Notice that this definition con- friends and family, the CIA abducted German tains no exception for Americans; Khalid al-Masri on December 31, 2003; they it throws the blanket over citizen brought him to Afghanistan and allegedly and alien alike by using the word tortured and interrogated him for nearly “person” rather than “alien.” Jose five months before figuring out that he was Padilla found this out firsthand. innocent. The enacted Military Commissions Jose Padilla is an American Act will allow such behavior to be practiced — born in New York and raised on Americans. in Chicago. On May 8, 2002, he was arrested in Chicago after re- turning from Pakistan upon sus- picion of being linked to the Sep- tember 11, 2001 terrorist attack. Padilla’s attorney immediately filed a habeas corpus petition with the United States District Court for the Southern District of New York, seeking to invoke his client’s constitutionally guar- anteed right to be informed as to the justification for his confine- ment. The court denied Padilla’s petition citing the president’s au- AP thority to designate any person, citizen or alien, an “enemy com- batant” and to detain such person indefinitely. Undeterred by his parents’ testimony, exclusively to the Congress?) prohibited Padilla appealed this decision to the Hamdi was shipped to the detention facil- a court from interfering in matters of na- 2nd Circuit Court of Appeals. The ap- ity at Guantanamo Bay, Cuba. Later, he tional security. The decision was appealed pellate court held that the president had was transferred to a brig in South Caro- to the Supreme Court. no such authority. The administration lina. In June of 2002, a petition of habeas Although the Supreme Court’s opinion then appealed this ruling to the Supreme corpus was filed on Hamdi’s behalf by his in Hamdi is diffuse and complicated, eight Court, where the justices were called to father. The court ruled that the petition of the nine justices agreed that the Consti- consider the legitimacy of the president’s was proper and granted Hamdi’s father tution proscribes the Executive Branch’s power to suspend the constitutional pro- standing to act in the place of his son. The attempt to hold indefinitely an American tections of the due process of law from Fourth Circuit Court of Appeals reversed citizen and to deny him the protections of an American citizen. The court meekly that decision, however, ruling that the “se- the Bill of Rights with regard to the due dodged this issue, however, and remanded curity interests” of the country outweighed process of law. the case back to the district court for dis- Hamdi’s right to file a habeas corpus pe- Could a completely innocent person missal without prejudice. Admittedly, Jose tition. Upon remand, the lower court de- also be ensnared? Yes. Khalid al-Masri, Padilla has a history of criminal behavior, nied the government’s motion to dismiss a German citizen, was abducted in 2003 and he was no poster boy for the law-abid- Hamdi’s petition. The court requested while he was on vacation, taken to Afghan- ing, but the rights set out in the Constitu- evidence from the government that would istan, and interrogated and tortured for five tion are designed to protect all Americans, prove Hamdi’s alliance with the Taliban months before the CIA figured out that likeable and detestable. and his designation as an “unlawful enemy they had abducted a completely innocent Another character ensnared in the “il- combatant.” man who just happened to have the same legal enemy combatant” net was Yaser The government refused to comply name as a wanted terrorist. (Why the CIA Esam Hamdi. Hamdi was born in Baton with the court’s order, and appealed the thought that a well-known terrorist would Rouge, Louisiana, to Saudi Arabian par- request to the Fourth ents. In 2001, Hamdi was captured by Circuit. Remarkably, the Afghan Northern Alliance and subse- quently handed over to the U.S. military. the Court of Ap- peals held that the EXTRA COPIES AVAILABLE Hamdi was accused of being a member president’s power to ➧ Additional copies of this issue of of the Taliban regime, but he and his fam- make war (is this not THE NEW AMERICAN are available at ily argued that he was in Afghanistan as a power delegated in quantity-discount prices. To order, visit an aid worker and had been erroneously Article I, Section 8 www.thenewamerican.com/marketplace/ detained. of our Constitution or see the card between pages 38-39. THE NEW AMERICAN • OCTOBER 30, 2006 13
    • WHY PAY MORE?? have been traveling and vacationing using his own name is anybody’s guess.) Passage of the MCA was pushed by CALL US! the current administration in a bid to get congressional approval of all the illegal actions that they had already been taking, Airline Motor Inn obviously banking on the idea that if they could get congressional approval, they would also get Supreme Court approval. Call toll free for reservations: Prognosis: Long-term Suffering 800-635-7639 The Military Commissions Act of 2006 is an eradication of the most basic pro- 1984 Airline Drive • P.O. Box 72549 tections of liberty enshrined for over 200 Bossier City, Louisiana, 71112-2549 years in our sacred Constitution. The Honest Dealings In all-encompassing powers granted to the president by this law potentially forbid New & Used Cars any man, woman, or child deemed an enemy of the administration or its policies 1-800-325-5337 from seeking judicial relief from unlawful imprisonment. Most terrifying of all, this 867 Church St. law enthrones President Bush — and his New Bedford, MA 02745 bestwestairline@aol.com successors, whether Democrat or Repub- Phone: 318-742-6000 lican — as the ultimate arbiters of justice Ralph G. Medeiros, Jr. to those suspected of being America’s en- Dealer Principal Fax: 318-742-4615 emies. You can only hope that that person is not you. www.bestwestern.com/airlinemotorinn Those who fail to see the dire gravity of this legislation and who prefer to take ref- uge in the naive partisan belief that Presi- dent Bush and the Republican Congress would never abuse this tremendous power, should contemplate well the fact that both the White House and Congress may very possibly change to Democrat control in the near future. Then will the supporters of the Bush administration’s grasp for power have a leg to stand on to even pro- Since 1953 test, let alone stop, dictatorial exercise of the same power under a Democrat regime PHONE • Specializing in gas compression equipment run by Clinton, Feinstein, Boxer, Pelosi, 432-362-0303 • Power & compressor cylinder relining Schumer, and the like? 800-874-7904 This law, as well as other recently • Rod and piston manufacturing & repair chronicled usurpations, sacrifices the due process of law on the altar of absolutism. • Thread rolling There can be but one final obstacle to com- FAX • Cast iron welding plete executive power — the people of the 432-362-4649 • Compressor valve services United States of America. We must hold 432-362-7175 every member of Congress accountable • Rings & riders who voted for this unprecedented and un- • Fuel & air valve components conscionable breach of our constitutional MAIL rule of law, and we must seek out and sup- • Metalizing P.O. Box 14290 port men and women determined to uphold Odessa, TX 79768 • Complete machine shop services the federal oath of office and courageously defend the Constitution against all enemies • Cylinder head services — foreign or domestic. If we do not do this, • Available 24 hours per day are we really better than the terrorists? ■ SHIP 8815 W. County Road N Odessa, TX 79764 GOD BLESS AMERICA II Chronicles 7:14 14
    • ON THE HOME FRONT Expanding Surveillance Authority The surveillance power demanded by President Bush would not necessarily provide any better protection from terrorism, but it would certainly expand executive branch power. by William F. Jasper O n December 17 of last year, dur- ing his weekly radio address, President Bush confirmed reports by the New York Times and CNN that, fol- lowing the 9/11 attacks, he had given the National Security Agency (NSA) authori- zation to eavesdrop on Americans commu- AP nicating with people overseas. The presi- dent said that ordering such electronic mediately appealed the decision and on consular officials revealed that all 15 of the surveillance without judicial warrants is October 4, a three-judge panel ruled that publicly available applications, including “fully consistent” with his “constitution- the NSA may continue its eavesdropping Mihdhar’s, had been issued in violation of al responsibilities and authorities,” and while awaiting a final ruling from the 6th existing law, despite blatant red flags that charged that the media exposure of this Circuit Court of Appeals. should have disqualified all of them. Thus, secret program is illegal and “damages Interestingly, during the December 17, there is no reason to believe that the kind our national security and puts our citizens 2005 radio address, President Bush cited of extraordinary power demanded by Pres- at risk.” the case of 9/11 hijackers Khalid Al- ident Bush would have provided any more The NSA, which eavesdrops on billions Mihdhar and Nawaf Al-Hazmi as a prime needed intelligence or that it would have of communications worldwide, is barred example of the need for warrantless sur- been acted on any better than the abundant from domestic spying without a warrant, as veillance. This duo, he said, “communi- data that was already available. required in the Fourth Amendment of the cated while they were in the United States The House and Senate GOP leadership Bill of Rights. The Justice Department can to other members of al Qaeda who were cynically adopted the White House strate- get warrants from a special court called the overseas, but we didn’t know they were gy of using the issue before the November FISA (Foreign Intelligence Surveillance here until it was too late.” It would be dif- elections to paint the Democrats as weak Act) Court, a 10-judge panel established ficult for the president to come up with a on national security if they didn’t vote for in 1978 expressly for that purpose. In worse example to make his point. legislation to gut our Fourth Amendment. emergencies, the NSA may even conduct The various official 9/11 investigations However, although the House passed its domestic surveillance for 72 hours without showed that the FBI, CIA, and NSA all version of the bill (H.R. 5825) on Septem- a warrant. But by the end of that three-day were monitoring Hazmi and Mihdhar. In ber 28 (see House vote #40 in the “Conser- period, it must obtain a warrant. Over the San Diego, the duo even lived with Ab- vative Index,” page 26), the Senate did not past nearly 30 years, the FISA Court has dussattar Shaikh, an acknowledged under- vote on its version (S. 3931) prior to ad- denied only a handful of the thousands of cover asset of the FBI. The two also had journment. It is very likely that Congress warrant requests. And there is no indica- regular contacts with San Diego area mili- will try to enact some kind of expansion tion that the 72-hour emergency provision tant jihadists under FBI surveillance, such of executive surveillance authority, in line has been inadequate to deal with serious as Omar al-Bayoumi and Osama Mustafa. with what the White House is demanding, terrorist threats. FBI Agent Stephen Butler made repeated during the lame-duck session. ■ On August 17 of this year, U.S. Dis- efforts to have them arrested, but he was trict Judge Anna Diggs Taylor ruled that overruled from above. Readers are encouraged to contact their senators in the president’s warrantless searches are Moreover, a review of the 9/11 hijack- opposition to this legislation. To send an online letter, unconstitutional. The administration im- ers’ visa applications by a panel of former go to: www.capwiz.com/jbs/home/ THE NEW AMERICAN • OCTOBER 30, 2006 15
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    • ELECTIONS Saving Our Elections America’s once proud and trustworthy elections are being undermined, but concerned citizens can take steps to restore the integrity of our electoral process. by Kurt Hyde T he electoral problems that have been simmering in America for a long time and that surfaced in the 2000 Gore/Bush race haven’t gone away. Maryland Governor Rob- ert Ehrlich has recently urged scrapping that state’s recently- purchased electronic voting ma- chines and replacing them with paper ballots for this upcoming election because of technical and AP human “problems” with the ma- chines in the primaries. Ameri- Popular mail-in ballots, as shown here in Tukwila, Washington, in the 2005 election, invite repeat ca’s once proud and trustworthy voting, in other words multiple voting done through using assumed names. elections are being undermined. Ballots are increasingly being counted behind closed doors or inside a foundation of fraudulent voter registra- guess how many votes can be cast ille- electrical circuitry without verification by tions or sloppy administration of the voter gally, but the Washington Times reported public scrutiny. registration lists. Destroy fraudulent voter on October 26, 2002 that Larry Gray, a registrations and repeat voting will col- former sanitation director for Helena, Types of Fraud lapse like a house of cards. Arkansas, pleaded guilty when charged Electoral fraud is typically grouped into Another type of repeat voting is accom- with submitting more than 25 absentee one of two categories, retail fraud or plished through “early voting.” Early vot- ballots. The article went on to say that au- wholesale fraud. Retail fraud is where ing, supposedly an answer to the problems thorities believed he had applied for 200 each fraudulent vote requires a separate of long lines on election day, is now help- absentee ballots and submitted 98 ballots act of fraud. Wholesale fraud occurs when ing repeaters to vote early and vote often. in the Democratic primary. U.S. Attorney a large number of fraudulent votes are gen- Absentee ballot fraud, which is often H.E. Cummins said of the case: “This is erated by only one act of fraud. done by people who have contact with the just one guy. We believe there were other The best-known and undoubtedly the elderly, can be done through “assisting” people engaged in that primary and other most frequently used type of retail fraud the elderly or the visually impaired to mark elections that basically involved the same is “repeat voting.” Repeaters are people a ballot — and then marking the ballot dif- type of scheme.” who vote numerous times in an election ferently than directed. Or correctly marked Another retail vote fraud technique, this under assumed names, names taken from ballots might be switched with fraudulent one used by vote counters, is “the short people who have died, moved away, never ballots while transporting them to a mail pencil” — where a vote counter conceals existed, or just names chosen from a phone center. Of course, there’s always the old pencil lead under a fingernail to make book. Obviously, repeat voting is built on technique of requesting an absentee ballot additional marks on a ballot in order to under an assumed name, which is essen- invalidate one or more votes by causing Kurt Hyde is a computer professional and a student tially just repeat voting using the mail. “over-votes.” The term over-vote refers to of elections. Without an investigation we can only a ballot that has more votes than the num- THE NEW AMERICAN • OCTOBER 30, 2006 17
    • ELECTIONS — an obvious invitation for some- master passwords. And here, too, vote one on the inside to swap boxes of totals are usually transmitted to a central Because the past “fixes” haven’t incoming ballots for pre-punched location for consolidating and reporting worked, politicians in Washington are ballots with desired outcomes. which is another chance for someone to The first direct-recording elec- fraudulently alter the numbers if totals currently submitting numerous bills tronic voting machines (DREs), aren’t audited. to help us. Unfortunately, all the bills which are essentially computer- In a recent experiment conducted at recorded balloting systems, also Princeton University, white-hat hackers, covering voting currently in Congress provide the means to cheat. The people who obtain permission beforehand will only make things worse. system can be rigged by anyone to hack into computer systems for the hon- with inside access — whether that orable purpose of finding security flaws be the programmers who write in order that they can be fixed, were able ber allowed for a contest. Therefore, none the programs inside, the manufacturers or to alter the outcome in a sample election of the votes for that contest will count. subcontractors who make the equipment, using methods available to voters. In this Wholesale fraud, which was almost non- the caretakers of the equipment between controlled election with five voters, four existent in our Republic prior to the 1890s, elections, the technicians who install up- of them voted for George Washington and erupted when mechanical lever voting ma- dates to the equipment, or in some cases only one for Benedict Arnold. But the ma- chines were first put in use. It was then pos- the election administrators who have the chine totals showed a victory for Benedict sible for someone with Arnold by a vote of three inside access to commit to two. Put simply, it is one act of fraud — such impossible for a voter to as adjusting the counts ensure his vote was cast on the voting machines’ and counted correctly counter wheels — and with paperless DREs. change a relatively large The granddaddy of number of votes. all wholesale fraud sys- Wholesale election tems will come if, like fraud became easier many politicians desire, when America was the United States imple- blessed with the inven- ments Internet voting. In- tion of the punch card ternet voting was almost voting system. Punch forced on our military card voting systems en- people for their absentee abled wholesale elec- ballots under the FVAP tion fraud via numerous (Federal Voting Assis- security breaches: tance Plan). The project • By tampering with was put on hold follow- the punch card “book.” ing a scathing security With most punch card analysis of it by a num- systems, the voter is ber of highly renowned dependent on a book, computer experts. under which the punch card is inserted to re- How Serious move the correct chad. Is This Problem? If that book page is A problem with esti- tampered with by either mating how serious the a voter or an election threat of voter fraud is worker, the voters can today is that any inves- be misdirected to punch tigation of retail vote the wrong chads. fraud must start with • By tampering with voter registration lists, the computers that but verifications of such count the ballots. lists, and even the inves- • By counting punch tigations themselves, AP cards at a centralized Punch card ballots are also open to vote fraud. In the 2000 election, over are frequently blocked counting center that is 46,000 votes were thrown out because voters left dimples or hanging chads. by politicians or by not open to the public It’s easy to have these votes disqualified. courts. Stealing Elec- 18 THE NEW AMERICAN • OCTOBER 30, 2006
    • tions, a book by Wall Street Journal editorial board mem- ber John Fund, lists a number of aborted attempts at investi- gating vote fraud. One failed attempt hap- pened in 1997 when the U.S. House of Representatives de- manded that the Justice De- partment prosecute Herman- dad Mexicana Nacional for allegedly registering hundreds of illegal voters in a close con- gressional race, but “federal immigration officials refused to cooperate with the probe citing ‘privacy’ concerns.” AP Another was the 1997 U.S. Wave of the future: New electronic voting machines like those shown here are being adopted across Senate investigation of a U.S. the country, but the machines are susceptible to vote fraud on a massive scale by anyone who has Senate race in Louisiana that access to the machines before the elections. “found more than 1,500 cases in which two voters used the same social security number. But further One disastrous piece of legislation in this sary to keep voter registration lists honest, investigations collapsed after Democratic respect was the National Voter Registra- but the opposite is true. senators walked off the probe, calling it tion Act. Better known by its nickname, One indication that HAVA’s centraliza- unfair, and then-Attorney General Janet the Motor Voter Act, this unconstitutional tion of power will be dangerously abused Reno removed FBI agents from the case law required, among other things, that can be found in a USA Today front-page because it wasn’t ‘bipartisan.’” And “The states “provide individuals with the op- story of August 17. Political action com- ACLU once sued the U.S. Attorney in San portunity to register to vote at the same mittees are focusing their election efforts Francisco because he matched voting rec- time that they apply for a driver’s license” on Secretary of State contests in numerous ords against lists of legal immigrants who and that states allow citizens to “register states. Of course, under HAVA, the reg- were not yet citizens.” In yet another in- to vote by mail using mail-in-forms.” The istration lists would fall under control of stance of attempted fraud fighting where requirement to allow mail-in registration the Secretary of State in each state. The mail was sent to addresses listed by voters forms virtually shut down most states’ vot- PACs wouldn’t be spending their money to verify residency, and personal contact ing identification requirements. on these races without very good reason with voters was attempted when mail was Worse yet was the so-called Help Amer- — such as the thought of being able to returned as undeliverable, the effort was ica Vote Act of 2002 (HAVA). This law, change the outcomes of future elections. blocked because it allegedly constituted which purportedly was intended to create Of course, because the past “fixes” harassment or intimidation of minorities. “minimum standards for states to follow haven’t worked, politicians in Washington How credible are the allegations that in several key areas of election administra- are currently submitting numerous bills to are made in regard to voter registration tion,” is currently forcing the states, coun- help us. Unfortunately, all the bills cover- clean-ups? One example can be found in ties, and municipalities to purchase ADA ing voting currently in Congress will only Stealing Elections by John Fund. Miami (Americans with Disabilities Act) compli- make things worse. For example, H.R. City Commissioner Hernandez tried to ant electronic voting equipment, which as 4844, sponsored by the supposedly con- discredit the charges of absentee ballot we now know can be susceptible to whole- servative Congressman Henry Hyde (R- fraud in the 1997 mayoral race by using sale voting fraud. Ill.), would require a government-issued the “racism” card. The Miami Herald re- In addition to the required electronic picture ID in order to register or vote. This ported that a woman who was wearing a voting machines, HAVA also mandates bill is essentially a national ID card in dis- bug for a law enforcement agency taped that states maintain a statewide voter reg- guise. Also, it assumes that the IDs will be him saying “he could sway public opinion istration database that “shall serve as the tamper-proof while the continuously im- by accusing the paper of racism and trying single system for storing and managing the proving technology behind making phony to suppress Hispanic political power.” official list of registered voters throughout ID cards has already made it feasible to the State.” This requirement not only forc- equip repeat voters with false photo IDs. How Has the Problem Been “Fixed”? es centralization of the voting process — a Notably, too, this legislation does nothing Our politicians in Washington, far from bad thing — but in essence establishes a to break the blockages stopping the clean- being a solution to our electoral problems, framework for a national ID card. Some up of voter registration lists. have been among the worst of the causes. say this statewide voter database is neces- Congressman Rush Holt (D-N.J.) has THE NEW AMERICAN • OCTOBER 30, 2006 19
    • ELECTIONS other. If additional votes are added, such as with LBJ in 1948, the additional voters will be last on the sheets. On the new com- puterized sign-in forms we use in Texas, I sign next to my name. If someone stuffs the ballot box, the additional signatures are next to the names, and there’s no way to see in what order they were signed.) States and localities must be allowed to use paper ballots, and any paperless com- puterized voting equipment needs to be upgraded to include a voter-verified paper ballot. Complementing the paper ballots, audits need to be done to ensure honesty — audits initiated in response to local concerns. Current audit advocates want the choices of precincts to be audited to be made in Washington, D.C., or in state capitols using random selection or math- ematical variances to determine the pre- cincts to be audited. These choices should AP Tale of the tape: When electronic voting machines are tampered with, they tabulate votes be made by the candidates with the losing incorrectly in the final tally, and then they erase the programs that changed the vote totals. candidates getting the lion’s share of the choices. Also, instead of just counting the submitted H.R. 550, a bill that would re- The grand prize for worst bill goes to voter-verified ballots and comparing them quire electronic voting equipment to have Senator Hillary Rodham Clinton (D-N.Y.). to the computer totals, the precinct audits a paper trail, something 27 states already Her bill, S. 450, calls for a study of the should include a mailing to the voters to require and 23 others are likely to require possibility of Internet voting as well as In- verify that they exist. soon. H.R. 550 would require 2 percent of ternet voter registration. S. 450 would also States considering simple laws for re- the precincts to be recounted. At first, that mandate “election day” voter registration. quiring paper trails in electronic voting sounds good: recounts, or audits, are im- Perhaps someone should tell her that elec- can just copy New Hampshire’s law from portant and states need to pass laws autho- tion day registration is no different from 1994. That state merely modified two rizing them, but H.R. 550 would centralize “same day” registration — a concept that paragraphs in the state’s election laws to the power to decide which precincts get has earned the bad reputation it has. Sena- require voting machines to be of the kind audited in the hands of a federal agency, tor Clinton also wants a “Study on Encour- that “reads the voter’s choice on a paper the Election Assistance Commission. In aging Government Employees to Become ballot.” If New Hampshire can afford to addition to being unconstitutional, that’s Poll Workers.” This part of her proposal implement this law, it’s likely that all states too much power to be put into the hands of would be added by making election days can. New Hampshire still doesn’t have a a few people in Washington, and an open federal holidays. If her bill passes, we state sales tax or a state income tax. invitation for abuse. could find ourselves voting via the Internet States could also follow the recommen- Also, this bill would mandate that if the in an election controlled and monitored by dations of a jury that investigated Chicago’s paper records disagree with the computer government employees who have a vested 1908 primary elections, recommendations counts, the paper records would be cor- interest in the outcome. Fortunately, even that, unfortunately, have never been passed rect. Paper ballots can be and have been our current Congress has had enough sense in any state. They recommended that elec- tampered with in the past. If there’s a dis- not to pass this legislation. tion judges and clerks should be selected crepancy between them, there’s something for elections service in a manner similar to wrong and an investigation should be initi- What Should the States Do? jury duty, with no candidates, office hold- ated to determine what happened. A better The states need to resume their constitu- ers, nor political patronage job holders bill than H.R. 550 would be a resolution tional right and obligation to write effec- allowed to serve. Their recommendations informing the states that the U.S. Congress tive election laws. Voter registration lists would have allowed for some government is aware of these types of voting discrep- need to be open to verification by the pub- employees in the process to add procedural ancies and that failure by the states to im- lic, and voters should be required to sign- and technical expertise, but not to partici- plement paper trails, some form of audit- in on election day using consecutive sign- pate in collecting or counting ballots. They ing, and voter registration clean-up could in sheets rather than signing next to their also recommended identification of voters result in Congress’ using its constitutional names on voter registration lists. (Consec- via signature or thumbprint. authority to refuse to seat a member in a utive sign-in sheets are numbered, and the In the long run, state legislatures must questionable election. voters sign their signatures one after the reverse a number of long-term trends. ■ 20 THE NEW AMERICAN • OCTOBER 30, 2006
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    • CONGRESS How They Voted Our final look at the 109th Congress shows how every representative and senator voted on key issues, including warrantless surveillance, the border fence, and military tribunals. House Vote Descriptions 31 Foreign Aid. The fiscal 2007 for- eign aid appropriations bill (H.R. 5522) would authorize $21.3 billion for foreign operations and economic as- sistance in fiscal 2007. Though foreign aid is supposed to help the poor and suf- fering in other countries, it instead has served to prop up economically deficient socialist regimes and to transfer wealth from American taxpayers to third-world elites. The House passed H.R. 5522 on June 9, 2006 by a vote of 373-34 (Roll Call 250). We have assigned pluses to the “nays” be- cause foreign aid is unconstitutional and unworkable. 32 Iran Military Operations. Rep- resentative Maurice Hinchey (D- N.Y.) offered this amendment to the 2007 Defense appropriations bill (H.R. 5631). The amendment would bar any funds to initiate military operations in Iran unless it is in accordance with Article I, Section 8 of the Constitution, which delegates to AP Two heads are better than one: With Iran belligerently seeking nuclear weapons, President Bush Congress alone the power to declare war. (one head) has forwarded the possibility that he may declare war against Iran. The Constitution, The House rejected Hinchey’s amend- however, says only Congress (many heads) may commit our nation to war. ment by a vote of 158-262 on June 20, About This Index ‘‘T he Conservative Index” rates congressmen based on their ad- herence to constitutional principles of limited government, The average House score for this index (votes 31-40) is 48 per- cent; the average Senate score is 53. Two congressmen earned perfect fiscal responsibility, national sovereignty, and a traditional foreign scores of 100: Walter Jones (R-N.C.) and Ron Paul (R-Texas). policy of avoiding foreign entanglements. Preserving our Constitu- We encourage readers to examine how their own congressmen tion, the freedoms it guarantees, and the moral bedrock on which it voted on each of the 10 key measures as well as overall. Our first is based is what the word “conservatism” once meant — and how it index for the 109th Congress (votes 1-10) appeared in our August 8, is being applied here. 2005 issue, our second index (votes 11-20) appeared in our Decem- To learn how any representative or senator voted on the key mea- ber 12, 2005 issue, and our third index (votes 21-30) appeared in our sures described herein, look him up in the vote charts. The scores July 10, 2006 issue. are derived by dividing a congressman’s conservative votes (pluses) We also encourage readers to commend legislators for their conser- by the total number he cast (pluses and minuses) and multiplying vative votes and to urge improvement where needed. For congressional by 100. contact information go to www.thenewamerican.com/congress/. ■ 22 THE NEW AMERICAN • OCTOBER 30, 2006
    • Conservative Index House Vote Scores Votes: 31-40 31 32 33 34 35 36 37 38 39 40 1-40 Votes: 31-40 31 32 33 34 35 36 37 38 39 40 1-40 ALABAMA 33 Watson (D ) 56% ? + + - - + - - + + 38% 1 Bonner (R ) 40% - - - + + - + + - - 35% 34 Roybal-Allard (D ) 50 - + + - - + - - + + 35 2 Everett (R ) 50 - - - + + + + + - - 44 35 Waters (D ) 44 - + ? - - + - - + + 41 3 Rogers, Mike D. (R ) 60 - - + + + + + + - - 45 36 Harman (D ) 40 - + + - - - - - + + 25 4 Aderholt (R ) 60 - - + + + + + + - - 43 37 Millender-McDonald (D ) 44 - + + - - + - - ? + 30 5 Cramer (D ) 60 - - + + + + + + - - 41 38 Napolitano (D ) 44 - ? + - - + - - + + 34 6 Bachus, S. (R ) 40 - - - + + - + + - - 35 39 Sanchez, Linda (D ) 50 - + + - - + - - + + 38 7 Davis, A. (D ) 60 - - + + - + + + - + 38 40 Royce (R ) 40 - - - + + - + + - - 49 ALASKA 41 Lewis, Jerry (R ) 50 - - + + + - + + - - 33 Young, D. (R ) 40 - - - + + - + - - + 41 42 Miller, Gary (R ) 40 - - - + + - + + - - 41 43 Baca (D ) 67 ? + + - - + + - + + 41 ARIZONA 44 Calvert (R ) 40 - - - + + - + + - - 33 1 Renzi (R ) 40 - - - + + - + + - - 40 45 Bono (R ) 33 ? - - - + - + + - - 29 2 Franks, T. (R ) 50 + - - + + - + + - - 60 46 Rohrabacher (R ) 40 + - - + - - + + - - 52 3 Shadegg (R ) 40 - - - + + - + + - - 48 47 Sanchez, Loretta (D ) 60 - + + - - + + - + + 41 4 Pastor (D ) 50 - + + - - + - - + + 38 48 Campbell (R ) 30 - - - - + - + + - - 37 5 Hayworth (R ) 40 - - - + + - + + - - 40 49 Issa (R ) 44 - ? - + + - + + - - 33 6 Flake (R ) 50 + - - + - - + + - + 62 50 Bilbray (R ) 50 ? ? - + + - + + - - 50 7 Grijalva (D ) 50 - + + - - + - - + + 40 51 Filner (D ) 50 - + + - - + - - + + 38 8 Kolbe (R ) 20 - - - + - - + - - - 18 52 Hunter (R ) 44 - ? - + + - + + - - 42 ARKANSAS 53 Davis, S. (D ) 40 - + + - - - - - + + 30 1 Berry (D ) 90 + + + + + + + + + - 63 COLORADO 2 Snyder (D ) 50 - + + - - - + - + + 32 1 DeGette (D ) 60 - + + - - + + - + + 32 3 Boozman (R ) 40 - - - + + - + + - - 34 2 Udall, M. (D ) 50 - + - - - + + - + + 35 4 Ross (D ) 70 - + - + + + + + - + 49 3 Salazar, J. (D ) 50 - - + - + + + - - + 43 CALIFORNIA 4 Musgrave (R ) 40 - - - + + - + + - - 40 1 Thompson, M. (D ) 60 - + + - - + + - + + 40 5 Hefley (R ) 50 + - - + + - + + - - 51 2 Herger (R ) 40 - - - + + - + + - - 40 6 Tancredo (R ) 60 + - - + + + + + - - 73 3 Lungren (R ) 40 - - - + + - + + - - 30 7 Beauprez (R ) 40 - - - + + - + + - - 33 4 Doolittle (R ) 40 - - - + + - + + - - 33 CONNECTICUT 5 Matsui, D. (D ) 50 - + + - - + - - + + 29 1 Larson, J. (D ) 50 - + + - - + - - + + 36 6 Woolsey (D ) 50 - + + - - + - - + + 40 2 Simmons (R ) 50 - - + - + + + + - - 31 7 Miller, George (D ) 44 - + ? - - + - - + + 39 3 DeLauro (D ) 50 - + + - - + - - + + 33 8 Pelosi (D ) 50 - + + - - + - - + + 31 4 Shays (R ) 33 - - ? - - - + + - + 23 9 Lee (D ) 50 - + + - - + - - + + 45 5 Johnson, N. (R ) 30 - - - - + - + + - - 18 10 Tauscher (D ) 40 - + + - - - - - + + 30 11 Pombo (R ) 50 + - - + + - + + - - 43 DELAWARE 12 Lantos (D ) 50 - + + - - + - - + + 32 Castle (R ) 38 - - - - + - + + ? ? 24 13 Stark (D ) 60 + + + - - + - - + + 49 FLORIDA 14 Eshoo (D ) 50 - + + - - + - - + + 35 1 Miller, J. (R ) 50 + - - + + - + + - - 54 15 Honda (D ) 50 - + + - - + - - + + 38 2 Boyd (D ) 70 - + - + + + + + - + 41 16 Lofgren (D ) 50 - + + - - + - - + + 35 3 Brown, C. (D ) 60 - + + - - + - + + + 35 17 Farr (D ) 50 - + + - - + - - + + 38 4 Crenshaw (R ) 40 - - - + + - + + - - 33 18 Cardoza (D ) 50 - - - - - + + + + + 43 5 Brown-Waite (R ) 40 - - - + + - + + - - 38 19 Radanovich (R ) 44 - - - + + - + + ? - 31 6 Stearns (R ) 40 - - - + + - + + - - 50 20 Costa (D ) 70 - - - + + + + + + + 45 7 Mica (R ) 40 - - - + + - + + - - 36 21 Nunes (R ) 40 - - - + + - + + - - 32 8 Keller (R ) 50 + - - + + - + ? ? - 42 22 Thomas, B. (R ) 40 - - - + + - + + - - 26 9 Bilirakis (R ) 40 - - - + + - + + - - 36 23 Capps (D ) 50 - + + - - + - - + + 37 10 Young, C.W. (R ) 40 - - - + + - + + - - 28 24 Gallegly (R ) 40 - - - + + - + + - - 33 11 Davis, Jim (D ) ? ? ? - - ? + ? ? + 26 25 McKeon (R ) 44 ? - - + + - + + - - 31 12 Putnam (R ) 40 - - - + + - + + - - 33 26 Dreier (R ) 40 - - - + + - + + - - 30 13 Harris (R ) 22 - - - - + - ? + - - 25 27 Sherman (D ) 40 - - + - - + - - + + 31 14 Mack (R ) 40 - - - - + - + + - + 48 28 Berman (D ) 33 - - ? - - + - - + + 29 15 Weldon, D. (R ) 40 - - - + + - + + - - 38 29 Schiff (D ) 40 - + - - - + - - + + 28 16 Foley (R ) 30 - - - - + - + + - - 28 30 Waxman (D ) 40 - - + - - + - - + + 31 17 Meek, K. (D ) 50 - - + - - + + - + + 37 31 Becerra (D ) 56 ? + + - - + - - + + 34 18 Ros-Lehtinen (R ) 20 - - - - + - + - - - 24 32 Solis (D ) 50 - + + - - + - - + + 35 19 Wexler (D ) 56 - - + - - + ? + + + 41 The scores are derived by dividing a representative’s conservative votes (pluses) by the total number he cast (pluses and minuses) and multiplying by 100. (A “?” indicates that a representative did not vote. If a representative cast fewer than five votes in this index, a score is not assigned.) Match numbers at the top of the chart to House vote descriptions on pages 22, 24, and 26. THE NEW AMERICAN • OCTOBER 30, 2006 23
    • CONGRESS 2006 (Roll Call 300). We have assigned pluses to the “yeas” because the power to declare war belongs to Congress, not to the president, and that much power should not be in the hands of one man. 33 Line-item Rescission. The legis- lative line-item rescission bill (H.R. 4890) would allow the president to pro- pose cuts in spending bills already enacted by Congress. The cuts would then receive an up-or-down vote with no opportunity to filibuster or add amendments. The House passed H.R. 4890 by a vote of 247-172 on June 22, 2006 (Roll Call 317). We have assigned pluses to the “nays” because the rescission bill, though AP not a full-fledged line-item veto, would We’ve got it; let’s get it: The Senate and House both passed legislation allowing increased still shift some legislative power from drilling in our offshore regions, but the House version allows much greater access to supplies. Congress to the president, disrupting the U.S. system of checks and balances. H.R. 5684 was considered under fast- people in those countries cannot afford to track authority, which requires Congress buy our products — thereby harming the 34 Offshore Drilling. This bill (H.R. 4761) would end the federal mora- torium on most offshore oil and gas drill- to expedite consideration of presidentially negotiated trade pacts without offering amendments. U.S. economy. The agreements also put our economic destiny in the hands of un- elected foreign bureaucrats, such as those ing. It would continue the ban within 50 The Oman agreement is just one step- at the World Trade Organization. miles of shore, while allowing the states pingstone in the White House’s effort to The House passed H.R. 5684 by a vote the option of extending that ban out to 100 form a Middle Eastern Free Trade Area of 221-205 on July 20, 2006 (Roll Call miles. It would also allow states to share in (MEFTA) by 2013. These so-called free- 392). We have assigned pluses to the the drilling proceeds. trade agreements have historically failed “nays” because such trade agreements The House passed H.R. 4761 on June because they encourage the relocation of damage the U.S. economy and threaten 29, 2006 by a vote of 232-187 (Roll Call U.S. jobs to foreign countries so that the U.S. sovereignty by the imposition of in- 356). We have assigned pluses to the companies can get cheap labor. Mean- ternational regulations. The Senate voted “yeas” because the United States should while, they don’t provide the United States on similar legislation in September (see reduce its dependency on foreign oil and with trade benefits — largely because the Senate vote #38). utilize its own energy resources. 35 Pledge Protection Act. Pledge Protection Act of 2005 The (H.R. 2389) would counter judicial activ- ism to prevent the removal of the words “under God” from the pledge by restrict- ing federal courts from hearing cases on this matter, as opposed to protecting the pledge by amending the Constitution. The House passed H.R. 2389 on July 19, 2006 by a vote of 260-167 (Roll Call 385).We have assigned pluses to the “yeas” because H.R. 2389 would protect the Pledge of Allegiance from federal court activism. 36 Oman Trade Agreement. The Oman Free Trade Agreement (H.R. AP 5684) would reduce most tariffs and du- Preventing future damage: The Pledge Protection Act provides a constitutionally sound method ties between Oman and the United States. to stop federal courts from taking the words “under God” out of the Pledge of Allegiance. 24 THE NEW AMERICAN • OCTOBER 30, 2006
    • Conservative Index Votes: 31-40 31 32 33 34 35 36 37 38 39 40 1-40 Votes: 31-40 31 32 33 34 35 36 37 38 39 40 1-40 20 Wasserman-Schultz (D ) 40% - - + - - + - - + + 30% KANSAS 21 Diaz-Balart, L. (R ) 30 - - - + + - + - - - 27 1 Moran, Jerry (R ) 80% + + - + + - + + + + 54% 22 Shaw (R ) 30 - - - - + - + + - - 28 2 Ryun, J. (R ) 50 + - - + + - + + - - 45 23 Hastings, A. (D ) 40 - - + - - + - - + + 30 3 Moore, D. (D ) 50 - + + - - - + + - + 33 24 Feeney (R ) 40 - - - + + - + + - - 49 4 Tiahrt (R ) 40 - - - + + - + + - - 36 25 Diaz-Balart, M. (R ) 30 - - - + + - + - - - 32 KENTUCKY GEORGIA 1 Whitfield (R ) 40 - - - + + - + + - - 38 1 Kingston (R ) 44 ? - - + + - + + - - 45 2 Lewis, R. (R ) 40 - - - + + - + + - - 40 2 Bishop, S. (D ) 70 - - + + + + + + - + 42 3 Northup (R ) 50 - - + + ? ? + + - - 34 3 Marshall (D ) 56 - ? - + + + + + - - 32 4 Davis, G. (R ) 40 - - - + + - + + - - 38 4 McKinney (D ) 57 - + + - ? ? ? - + + 51 5 Rogers, H. (R ) 50 - - + + + - + + - - 35 5 Lewis, John (D ) 38 - + + - - + - - ? ? 33 6 Chandler (D ) 60 - + - - + + + + - + 38 6 Price, T. (R ) 40 - - - + + - + + - - 52 LOUISIANA 7 Linder (R ) 40 - - - + + - + + - - 40 1 Jindal (R ) 40 - - - + + - + + - - 40 8 Westmoreland (R ) 40 - - - + + - + + - - 51 2 Jefferson (D ) 56 - + ? + - - + - + + 39 9 Norwood (R ) 60 + - - + + + + + - - 54 3 Melancon (D ) 50 - - - + + + + + - - 46 10 Deal (R ) 50 - - - + + + + + - - 50 4 McCrery (R ) 40 - - - + + - + + - - 31 11 Gingrey (R ) 50 - - - + + + + + - - 44 5 Alexander, R. (R ) 40 - - - + + - + + - - 33 12 Barrow (D ) 50 - - - + + + + + - - 33 6 Baker (R ) 44 ? - - + + - + + - - 39 13 Scott, D. (D ) 60 - + + - + + + - - + 35 7 Boustany (R ) 40 - - - + + - + + - - 36 HAWAII MAINE 1 Abercrombie (D ) 60 - + + + - + - - + + 43 1 Allen, T. (D ) 60 - + + - - + + - + + 35 2 Case (D ) 22 - - - - - - - ? + + 21 2 Michaud (D ) 50 - + + - - + + - - + 35 IDAHO MARYLAND 1 Otter (R ) 80 + - + + + + + + - + 73 1 Gilchrest (R ) 40 - + - - - - + + + - 15 2 Simpson (R ) 50 - - + + + - + + - - 40 2 Ruppersberger (D ) 60 - - + - - + + + + + 33 ILLINOIS 3 Cardin (D ) 50 - + + - - + - - + + 28 1 Rush (D ) 56 - + + ? - + - - + + 33 4 Wynn (D ) 40 - - - - + + - - + + 35 2 Jackson, J. (D ) 50 - + + - - + - - + + 35 5 Hoyer (D ) 40 - - + - - + - - + + 31 3 Lipinski (D ) 70 - - + - + + + + + + 38 6 Bartlett (R ) 60 + + - - + - + + + - 55 4 Gutierrez (D ) 57 ? + + - ? + - - + ? 38 7 Cummings (D ) 50 - + + - - + - - + + 35 5 Emanuel (D ) 40 - - + - - + - - + + 27 8 Van Hollen (D ) 50 - + + - - + - - + + 33 6 Hyde (R ) 40 - - - + + - + + - - 31 MASSACHUSETTS 7 Davis, D. (D ) 50 - + + - - + - - + + 38 1 Olver (D ) 50 - + + - - + - - + + 36 8 Bean (D ) 20 - - - - - - + + - - 20 2 Neal (D ) 60 - + + - - + + - + + 35 9 Schakowsky (D ) 50 - + + - - + - - + + 41 3 McGovern (D ) 50 - + + - - + - - + + 38 10 Kirk (R ) 20 - - - - + - - + - - 13 4 Frank, B. (D ) 70 - + + - - + + + + + 48 11 Weller (R ) 40 - - - + + - + + - - 33 5 Meehan (D ) 38 - + + - - + - - ? ? 34 12 Costello (D ) 89 ? + + - + + + + + + 49 6 Tierney (D ) 60 - + + - - + + - + + 43 13 Biggert (R ) 30 - - - + - - + + - - 30 7 Markey (D ) 50 - + + - - + - - + + 40 14 Hastert (R ): Speaker ? ? - ? ? - ? ? - ? 8 Capuano (D ) 60 - + + - - + - + + + 43 15 Johnson, Timothy (R ) 40 - - - - + - + + - + 30 9 Lynch (D ) 70 - + + - - + + + + + 38 16 Manzullo (R ) 44 ? - - + + - + + - - 51 10 Delahunt (D ) 50 - + - - - + - + + + 38 17 Evans (D ) ? ? ? ? ? ? ? ? + ? 32 18 LaHood (R ) 30 - - - - + - + + - - 26 MICHIGAN 19 Shimkus (R ) 40 - - - + + - + + - - 33 1 Stupak (D ) 67 - + + - - + + + + ? 44 2 Hoekstra (R ) 40 - - - + + - + + - - 33 INDIANA 3 Ehlers (R ) 40 - + - - + - + + - - 25 1 Visclosky (D ) 60 - + + - - + + - + + 40 4 Camp (R ) 40 - - - + + - + + - - 38 2 Chocola (R ) 40 - - - + + - + + - - 38 5 Kildee (D ) 70 - + + - - + + + + + 43 3 Souder (R ) 40 - - - + + - + + - - 35 6 Upton (R ) 40 - - - + + - + + - - 33 4 Buyer (R ) 50 - - + + + - + + - - 41 7 Schwarz, J. (R ) 50 - - - + + + + + - - 21 5 Burton (R ) 40 - - - + + - + + - - 43 8 Rogers, Mike (R ) 40 - - - + + - + + - - 35 6 Pence (R ) 40 - - - + + - + + - - 43 9 Knollenberg (R ) 40 - - - + + - + + - - 33 7 Carson, J. (D ) 56 - + + - - + ? - + + 36 10 Miller, C. (R ) 40 - - - + + - + + - - 35 8 Hostettler (R ) 70 + - - + + + + + - + 68 11 McCotter (R ) 50 - - - + + + + + - - 43 9 Sodrel (R ) 40 - - - + + - + + - - 40 12 Levin, S. (D ) 50 - + + - - + - - + + 35 IOWA 13 Kilpatrick (D ) 50 - + + - - + - - + + 35 1 Nussle (R ) 50 ? ? - + + ? ? + - - 42 14 Conyers (D ) 50 - + + - - + - - + + 45 2 Leach (R ) 60 - + - - + - + + + + 25 15 Dingell (D ) 60 - + + - - + + - + + 38 3 Boswell (D ) 70 - + + + + + + + - - 39 MINNESOTA 4 Latham (R ) 40 - - - + + - + + - - 33 1 Gutknecht (R ) 40 - - - + + - + + - - 43 5 King, S. (R ) 50 + - - + + - + + - - 48 2 Kline (R ) 40 - - - + + - + + - - 35 The scores are derived by dividing a representative’s conservative votes (pluses) by the total number he cast (pluses and minuses) and multiplying by 100. (A “?” indicates that a representative did not vote. If a representative cast fewer than five votes in this index, a score is not assigned.) Match numbers at the top of the chart to House vote descriptions on pages 22, 24, and 26. THE NEW AMERICAN • OCTOBER 30, 2006 25
    • CONGRESS 37 Gun Seizure. The Disaster Re- covery Personal Protection Act of 2006 (H.R. 5013) would prohibit the confiscation of firearms in the wake of a natural disaster. This bill is a response to the illegal confiscating of firearms from the victims of Hurricane Katrina in August 2005. H.R. 5013 was passed by the House on July 25, 2006 by a vote of 322-99 (Roll Call 401). We have assigned pluses to the “yeas” because confiscat- ing firearms from law-abiding citizens AP is a clear violation of the Constitution President Bush’s pledge to provide 6,000 National Guard troops by August to aid border protection — the Second Amendment guarantees has fallen short. Thankfully, some sections of the border — 75 miles’ worth — have fences. that our “right to keep and bear arms shall not be infringed.” The Senate ad- step toward protecting our borders from tutionality of the legislation. This legisla- opted similar legislation as an amendment the massive influx of illegal immigration tion was in response to the U.S. Supreme to the Homeland Security appropriations facing our country today. Court’s June 29 ruling on the case of Ham- bill a few weeks earlier (see Senate vote The House passed H.R. 6061 on Sep- dan v. Rumsfeld, which declared that the #34). tember 14, 2006 by a vote of 283-138 administration’s current system for trying (Roll Call 446). We have assigned pluses military detainees was unconstitutional. 38 Border Fence. The Secure Fence to the “yeas” because such a border fence The House passed the military tribunals Act of 2006 (H.R. 6061) would would help prevent illegal immigration bill on September 27, 2006 by a vote of authorize the construction of nearly 700 and further protect our borders. The Sen- 253-168 (Roll Call 491). We have assigned miles of fencing along the U.S.-Mexico ate passed similar legislation on Septem- pluses to the “nays” because the bill would border. The border fence is just the first ber 29, 2006 (see Senate vote #40). curtail defendant rights. The Senate passed of a series of border security initiatives this legislation the following day (see Sen- that House Republicans intend to merge into the Homeland Security spending bill. 39 Military Tribunals. This bill (H.R. ate vote #39). 6166) would authorize a new sys- If implemented, the 700 miles of fencing tem of military tribunals to try persons along the border would be a good first designated “unlawful enemy combatants” 40 Electronic Surveillance. The warrantless electronic surveillance by the president. The bill (H.R. 5825) would allow electronic What’s mine is mine: A New Orleans’ resident finally got his gun bill defines an unlawful surveillance of communications with sus- back on April 17, 2006, after it was taken during the civilian gun enemy combatant to in- pected terrorists without first obtaining ap- confiscations of Hurricane Katrina. clude a person who “has proval from the secret courts established AP purposely and materi- by the Foreign Intelligence Surveillance ally supported hostilities Act of 1978. Furthermore, the bill would against the United States authorize unwarranted surveillance for up or its co-belligerents.” to 90 days in some instances if a threat Once designated an un- was considered “imminent.” Intelligence lawful enemy combatant, agencies would be allowed to conduct a defendant’s rights would warrantless surveillance for seven days be curtailed: he would be prior to gaining court approval if the threat denied the right of ha- was considered an “emergency situation.” beas corpus; he could be This controversial bill had full support detained indefinitely; and of the Bush administration as a means to evidence obtained through provide greater national security in a post- coercion could be used 9/11 world. against him — so long as The House passed H.R. 5825 on Sep- the coercion falls outside tember 28, 2006 by a vote of 232-191 the administration’s defi- (Roll Call 502). We have assigned pluses nition of torture. to the “nays” because such a law would Critics of the tribunals violate the Fourth Amendment by subject- bill are planning to file suit ing U.S. citizens to unreasonable searches in order to test the consti- and seizures. ■ 26 THE NEW AMERICAN • OCTOBER 30, 2006
    • Conservative Index Votes: 31-40 31 32 33 34 35 36 37 38 39 40 1-40 Votes: 31-40 31 32 33 34 35 36 37 38 39 40 1-40 3 Ramstad (R ) 30% - - - - + - + + - - 25% 9 Weiner (D ) 50% - - + - - + - + + + 39% 4 McCollum (D ) 50 - + + - - + - - + + 37 10 Towns (D ) 60 - + + - + + - - + + 41 5 Sabo (D ) 50 - + + - - + - - + + 33 11 Owens (D ) 44 - + ? - - + - - + + 41 6 Kennedy, M. (R ) 40 - - - + + - + + - - 30 12 Velazquez (D ) 50 - + + - - + - - + + 38 7 Peterson, C. (D ) 80 + + + + + + + + - - 56 13 Fossella (R ) 40 - - - + + - + + - - 38 8 Oberstar (D ) 60 - + + - - + + - + + 46 14 Maloney (D ) 50 - + - - - + - + + + 38 MISSISSIPPI 15 Rangel (D ) 50 - + + - - + - - + + 38 1 Wicker (R ) 40 - - - + + - + + - - 33 16 Serrano (D ) 44 - + ? - - + - - + + 36 2 Thompson, B. (D ) 80 - + + + + + + - + + 44 17 Engel (D ) 40 - - + - - + - - + + 28 3 Pickering (R ) 40 - - - + + - + + - - 34 18 Lowey (D ) 50 - + + - - + - - + + 33 4 Taylor, G. (D ) 70 + + - + + + + + - - 53 19 Kelly (R ) 30 - - - - + - + + - - 21 20 Sweeney (R ) 60 - - + + + + + + - - 38 MISSOURI 21 McNulty (D ) 50 - + + - - + - - + + 35 1 Clay (D ) 60 - + + - - + + - + + 49 22 Hinchey (D ) 60 - + + - - + + - + + 46 2 Akin (R ) 40 - - - + + - + + - - 43 23 McHugh (R ) 56 ? - - + + + + + - - 38 3 Carnahan (D ) 70 - + + - + + + - + + 33 24 Boehlert (R ) 33 ? - - - + - + + - - 18 4 Skelton (D ) 70 - - + + + - + + + + 35 25 Walsh (R ) 67 ? - + + + + + + - - 30 5 Cleaver (D ) 50 - + + - - + - ? ? + 34 26 Reynolds (R ) 40 - - - + + - + + - - 30 6 Graves (R ) 50 + - - + + - + + - - 46 27 Higgins (D ) 50 - + + - - + + - - + 28 7 Blunt (R ) 44 ? - - + + - + + - - 33 28 Slaughter (D ) 50 - + + - - + - - + + 30 8 Emerson (R ) 50 - - + + + - + + - - 34 29 Kuhl (R ) 40 - - - + + - + + - - 38 9 Hulshof (R ) 40 - - - + + - + + - - 41 NORTH CAROLINA MONTANA 1 Butterfield (D ) 60 - + + - - + + - + + 36 Rehberg (R ) 40 - - - + + - + + - - 35 2 Etheridge (D ) 60 - + + - + - + + - + 31 NEBRASKA 3 Jones, W. (R ) 100 + + + + + + + + + + 79 1 Fortenberry (R ) 40 - - - + + - + + - - 35 4 Price, D. (D ) 50 - + + - - + - - + + 33 2 Terry (R ) 40 - - - + + - + + - - 40 5 Foxx (R ) 40 - - - + + - + + - - 50 3 Osborne (R ) 40 - - - + + - + + - - 33 6 Coble (R ) 50 - - - + + + + + - - 45 NEVADA 7 McIntyre (D ) 60 - + - - + + + + - + 41 1 Berkley (D ) 56 - - ? - - + + + + + 34 8 Hayes (R ) 50 - - - + + + + + - - 46 2 Gibbons (R ) 44 ? - - + + - + + - - 51 9 Myrick (R ) 40 - - - + + - + + - - 38 3 Porter (R ) 40 - - - + + - + + - - 30 10 McHenry (R ) 33 - - - ? + - + + - - 49 11 Taylor, C. (R ) 50 - - - + + + + + - - 45 NEW HAMPSHIRE 12 Watt (D ) 50 - + + - - + - - + + 38 1 Bradley (R ) 30 - - - - + - + + - - 23 13 Miller, B. (D ) 70 - + + - - + + + + + 33 2 Bass (R ) 30 - - - - + - + + - - 20 NORTH DAKOTA NEW JERSEY Pomeroy (D ) 60 - - + + - + + + - + 33 1 Andrews (D ) 40 - + - - - + - + - + 21 2 LoBiondo (R ) 40 - - - - + + + + - - 25 OHIO 3 Saxton (R ) 30 - - - - + - + + - - 18 1 Chabot (R ) 44 - - - + + - + + - ? 41 4 Smith, C. (R ) 40 - - - - + + + + - - 26 2 Schmidt (R ) 40 - - - + + - + + - - 32 5 Garrett (R ) 60 - + - + + - + + - + 58 3 Turner (R ) 40 - - - + + - + + - - 28 6 Pallone (D ) 50 - + + - - + - - + + 40 4 Oxley (R ) 57 ? ? ? + + - + + - - 31 7 Ferguson (R ) 30 - - - - + - + + - - 28 5 Gillmor (R ) 40 - - - + + - + + - - 26 8 Pascrell (D ) 60 - + + - - + - + + + 35 6 Strickland (D ) 43 - + - - - + + ? ? ? 42 9 Rothman (D ) 60 - + + - - + + - + + 33 7 Hobson (R ) 50 - - + + + - + + - - 31 10 Payne (D ) 50 - + + - - + - - + + 43 8 Boehner (R ) 40 - - - + + - + + - - 36 11 Frelinghuysen (R ) 30 - - - - + - + + - - 18 9 Kaptur (D ) 75 ? + + - - + + ? + + 45 12 Holt (D ) 50 - + + - - + - - + + 35 10 Kucinich (D ) 60 + + + - - + - - + + 43 13 Vacant 11 Jones, S. (D ) 60 - + + - - + + - + + 43 12 Tiberi (R ) 40 - - - + + - + + - - 33 NEW MEXICO 13 Brown, S. (D ) 50 - + - - - + + + - + 39 1 Wilson, H. (R ) 33 - - - + + - ? + - - 30 14 LaTourette (R ) 60 - - - + + + + + + - 34 2 Pearce (R ) 40 - - - + + - + + - - 33 15 Pryce, D. (R ) 40 - - - + + - + + - - 28 3 Udall, T. (D ) 60 - + + - - + + - + + 37 16 Regula (R ) 40 - - - + + - + + - - 28 NEW YORK 17 Ryan, T. (D ) 70 - + + - - + + + + + 46 1 Bishop, T. (D ) 60 - + + - - + - + + + 35 18 Ney (R ) 57 - - - + + + + ? ? ? 49 2 Israel (D ) 50 - - + - - + - + + + 35 OKLAHOMA 3 King, P. (R ) 40 - - - + + - + + - - 28 1 Sullivan (R ) 33 - - - + + - ? + - - 39 4 McCarthy (D ) 60 - + + - - + - + + + 36 2 Boren (D ) 40 - - - + + - + + - - 38 5 Ackerman (D ) 40 - - + - - + - - + + 31 3 Lucas (R ) 50 + - - + + - + + - - 48 6 Meeks, G. (D ) 40 - + + - - - - - + + 32 4 Cole (R ) 40 - - - + + - + + - - 33 7 Crowley (D ) 40 - + + - - - - - + + 30 5 Istook (R ) 33 - - - + + - ? + - - 45 8 Nadler (D ) 50 - + + - - + - - + + 33 The scores are derived by dividing a representative’s conservative votes (pluses) by the total number he cast (pluses and minuses) and multiplying by 100. (A “?” indicates that a representative did not vote. If a representative cast fewer than five votes in this index, a score is not assigned.) Match numbers at the top of the chart to House vote descriptions on pages 22, 24, and 26. THE NEW AMERICAN • OCTOBER 30, 2006 27
    • CONGRESS Votes: 31-40 31 32 33 34 35 36 37 38 39 40 1-40 Votes: 31-40 31 32 33 34 35 36 37 38 39 40 1-40 OREGON 14 Paul (R ) 100% + + + + + + + + + + 100% 1 Wu (D ) 60% - + + - - + + - + + 35% 15 Hinojosa (D ) 80 - + + + + + + - + + 42 2 Walden (R ) 40 - - - + + - + + - - 25 16 Reyes (D ) 67 ? - + + - + + - + + 38 3 Blumenauer (D ) 50 - + + - - + - - + + 38 17 Edwards (D ) 40 - - - + + - + + - - 35 4 DeFazio (D ) 70 - + - + - + + + + + 48 18 Jackson-Lee, S. (D ) 56 - + + + - + - - ? + 44 5 Hooley (D ) 60 - + - - - + + + + + 36 19 Neugebauer (R ) 40 - - - + + - + + - - 40 PENNSYLVANIA 20 Gonzalez (D ) 70 - + + + - + + - + + 38 1 Brady, R. (D ) 56 ? - + + - + - - + + 39 21 Smith, L. (R ) 40 - - - + + - + + - - 35 2 Fattah (D ) 50 - + + - - + - - + + 35 22 Vacant 3 English (R ) 30 - - - + - - + + - - 28 23 Bonilla (R ) 40 - - - + + - + + - - 35 4 Hart (R ) 40 - - - + + - + + - - 38 24 Marchant (R ) 40 - - - + + - + + - - 40 5 Peterson, J. (R ) 44 ? - - + + - + + - - 38 25 Doggett (D ) 56 - + ? - - + + - + + 36 6 Gerlach (R ) 44 - - - ? + + + + - - 23 26 Burgess (R ) 40 - - - + + - + + - - 38 7 Weldon, C. (R ) 40 - - - - + + + + - - 26 27 Ortiz (D ) 60 - - + + - + + - + + 33 8 Fitzpatrick (R ) 44 - - - ? + + + + - - 28 28 Cuellar (D ) 30 - - - + + - + - - - 32 9 Shuster (R ) 40 - - - + + - + + - - 38 29 Green, G. (D ) 78 - + + ? + + + - + + 45 10 Sherwood (R ) 33 - - - ? + - + + - - 31 30 Johnson, E. (D ) 70 - + + + - + + - + + 36 11 Kanjorski (D ) 78 - + + ? - + + + + + 49 31 Carter (R ) 40 - - - + + - + + - - 35 12 Murtha (D ) 60 - - + + - + + - + + 43 32 Sessions, P. (R ) 40 - - - + + - + + - - 39 13 Schwartz, A. (D ) 40 - - + - - + - - + + 25 UTAH 14 Doyle (D ) 70 - + + + - + + - + + 43 1 Bishop, R. (R ) 38 - - - ? + ? + + - - 45 15 Dent (R ) 40 - - - + + - + + - - 28 2 Matheson (D ) 40 - - - + + - + + - - 38 16 Pitts (R ) 44 - - ? + + - + + - - 42 3 Cannon (R ) 43 ? ? - ? + - + + - - 41 17 Holden (D ) 80 - + + + + + + + - + 38 VERMONT 18 Murphy (R ) 40 - - - + + - + + - - 35 Sanders (I ) 60 - + + - - + + - + + 43 19 Platts (R ) 40 - - - + + - + + - - 30 VIRGINIA RHODE ISLAND 1 Davis, Jo Ann (R ) 38 + - - - + ? ? + - - 46 1 Kennedy, P. (D ) 50 - + + - - + - - + + 39 2 Drake (R ) 40 - - - + + - + + - - 38 2 Langevin (D ) 40 - - - - - + + - + + 30 3 Scott, R. (D ) 40 - - + - - + - - + + 34 SOUTH CAROLINA 4 Forbes (R ) 33 - - - + + - + ? - - 38 1 Brown, H. (R ) 40 - - - + + - + + - - 36 5 Goode (R ) 60 + - - + + + + + - - 64 2 Wilson, J. (R ) 40 - - - + + - + + - - 28 6 Goodlatte (R ) 50 + - - + + - + + - - 45 3 Barrett (R ) 40 - - - + + - + + - - 44 7 Cantor (R ) 40 - - - + + - + + - - 33 4 Inglis (R ) 40 - - - + - - + + - + 30 8 Moran, James (D ) 50 - + + - - - - + + + 30 5 Spratt (D ) 44 - ? + - - + + + - - 26 9 Boucher (D ) 90 - + + + + + + + + + 50 6 Clyburn (D ) 60 - + + - - + + - + + 36 10 Wolf (R ) 40 - - - + + - + + - - 28 SOUTH DAKOTA 11 Davis, T. (R ) 44 - - - + + - + + ? - 22 Herseth (D ) 50 - - - + + + + + - - 33 WASHINGTON TENNESSEE 1 Inslee (D ) 56 - + - - ? + + - + + 36 1 Jenkins (R ) 50 + - - + + - + + - - 48 2 Larsen, R. (D ) 40 - - + - - - + - + + 35 2 Duncan (R ) 60 + + - + + - + + - - 68 3 Baird (D ) 50 - - + - - - + + + + 31 3 Wamp (R ) 40 - - - + + - + + - - 35 4 Hastings, D. (R ) 40 - - - + + - + + - - 32 4 Davis, L. (D ) 50 - - - + + + + + - - 45 5 McMorris (R ) 40 - - - + + - + + - - 42 5 Cooper (D ) 60 - + - - - + + + + + 30 6 Dicks (D ) 33 - - + ? - - - - + + 24 6 Gordon (D ) 50 - + - - + + + + - - 35 7 McDermott (D ) 50 - + + - - + - - + + 30 7 Blackburn (R ) 40 - - - + + - + + - - 45 8 Reichert (R ) 30 - - - - + - + + - - 23 8 Tanner (D ) 60 + - - + + - + + - + 47 9 Smith, A. (D ) 50 - + - - - - + + + + 33 9 Ford (D ) 43 - ? - ? + + ? + - - 31 WEST VIRGINIA TEXAS 1 Mollohan (D ) 80 - - + + + + + + + + 45 1 Gohmert (R ) 40 - - - + + - + + - - 51 2 Capito (R ) 40 - - - + + - + + - - 34 2 Poe (R ) 40 - - - + + - + + - - 46 3 Rahall (D ) 90 + + + - + + + + + + 55 3 Johnson, Sam (R ) 29 - - ? ? + - + ? - - 42 WISCONSIN 4 Hall (R ) 40 - - - + + - + + - - 33 1 Ryan, P. (R ) 40 - - - + + - + + - - 44 5 Hensarling (R ) 40 - - - + + - + + - - 52 2 Baldwin (D ) 60 - + + - - + + - + + 45 6 Barton (R ) 40 - - - + + - + + - - 34 3 Kind (D ) 80 - + + + - + + + + + 45 7 Culberson (R ) 33 - - - + + - + ? - - 36 4 Moore, G. (D ) 50 - + + - - + - - + + 38 8 Brady, K. (R ) 40 - - - + + - + + - - 35 5 Sensenbrenner (R ) 50 + - - + + - + + - - 62 9 Green, A. (D ) 70 - + + + - + + - + + 45 6 Petri (R ) 50 + - - + + - + + - - 45 10 McCaul (R ) 40 - - - + + - + + - - 38 7 Obey (D ) 60 - + + - - + + - + + 40 11 Conaway (R ) 33 ? - - + + - + - - - 32 8 Green, M. (R ) 50 + - - + + - + + - - 45 12 Granger (R ) 40 - - - + + - + + - - 30 WYOMING 13 Thornberry (R ) 40 - - - + + - + + - - 38 Cubin (R ) 40 - - - + + - + + - - 49 The scores are derived by dividing a representative’s conservative votes (pluses) by the total number he cast (pluses and minuses) and multiplying by 100. (A “?” indicates that a representative did not vote. If a representative cast fewer than five votes in this index, a score is not assigned.) Match numbers at the top of the chart to House vote descriptions on pages 22, 24, and 26. 28 THE NEW AMERICAN • OCTOBER 30, 2006
    • Conservative Index Senate Vote Descriptions 31 Minimum Wage. Senator Ted Kennedy (D-Mass.) offered this amendment to the Defense authorization propriations bill (H.R. 5441) Sen. Chris Dodd (D-Conn.) proposed an amendment to increase funding for police, firefight- enforcement officials in the aftermath of Hurricane Katrina. The Senate overwhelmingly passed the bill (S. 2766). If implemented, the amend- ers, and other local and state personnel by Vitter amendment by a vote of 84-16 on ment would increase the national minimum $16.5 billion. July 13, 2006 (Roll Call 202). We have wage from $5.15 to $7.25/hour within the A point of order was raised against assigned pluses to the “yeas” because next two years. Although a minimum wage Dodd’s amendment based on the Budget gun confiscation violates the Second increase sounds like an easy way to allevi- Act, and the Senate effectively killed the Amendment. ate poverty in this country, it actually rais- amendment when it rejected the motion es poverty. This is true because companies can not afford to hire entry-level workers and train them for careers; companies are to wave the Budget Act. The vote was 38- 62 on July 13, 2006 (Roll Call 197). We have assigned pluses to the “nays” because 35 Stem-cell Research. The embry- onic stem-cell research bill (H.R. 810) would allow federal funds to be used forced to lay off workers they presently federal funding of local law enforcement for research on embryonic stem-cell lines have on staff; and additional people are will lead to more federal control of law derived from surplus embryos at in vitro added to the welfare roles. enforcement. fertilization clinics. Such research would The Senate rejected Kennedy’s amend- be done only by cannibalizing and destroy- ment on June 21, 2006 by a vote of 52-46 (Roll Call 179). We have assigned pluses to the “nays” because it is unconstitution- 34 Firearm Seizure. During consid- ing human embryos. Proponents contend eration for the Homeland Security that the research is needed to combat vari- appropriations bill (H.R. 5441) Sen. David ous diseases, but stem cells derived from al for the government to prohibit citizens Vitter (R-La.) offered an amendment that sources other than embryos may be used from working for less than a government- would prohibit any funds in the bill from to achieve the same results. set price. being used to seize lawfully owned fire- The Senate passed H.R. 810 by a vote arms during a state of emergency. Vitter of 63-37 on July 18, 2006 (Roll Call 206). 32 Iraq Troop Withdrawal. Sena- said this amendment was prompted by the It prompted President Bush to use his veto tor John Kerry (D-Mass.) attached confiscation of over 1,000 firearms by law power for the first time in his presidency. this amendment to the We have assigned plus- Defense authorization Welcome back, soldier: Though sectarian violence in Iraq has gotten so bad that es to the “nays” because bill (S. 2766) that would the United States is considering dividing the country into three almost autonomous such research would require the president to regions, the Senate voted down a plan to bring most of our troops home. violate the right to life have a complete with- for millions of unborn AP drawal of U.S. troops by children. July 2007, with the ex- ception of those needed to train Iraqi troops, tar- get terrorists, and protect 36 Parental No- tification. The Child Custody Protec- American citizens. tion Act (S. 403) would The Senate rejected make it a federal crime Kerry’s amendment on for a person to transport June 22, 2006 by a vote a minor across state of 13-86 (Roll Call 181). lines for an abortion in We have assigned pluses order to bypass state to the “yeas” because our laws requiring parental troops should only be sent notification. to war when necessary to The Senate passed S. defend the United States 403 by a vote of 65-34 and her citizens, and on July 25, 2006 (Roll only when declared by Call 216). We have as- Congress. signed pluses to the “yeas” because Con- 33 First Responder Grants. Dur- ing consideration for the gress can and should use its power to regulate interstate commerce to Homeland Security Ap- restrict abortion. TNA • OCTOBER 30, 2006 29
    • CONGRESS Senate Vote Scores Votes: 31-40 31 32 33 34 35 36 37 38 39 40 1-40 Votes: 31-40 31 32 33 34 35 36 37 38 39 40 1-40 ALABAMA MAINE Shelby (R ) 67% ? - + + + + + - - + 46% Snowe (R ) 44% - - + + - - - + ? + 31% Sessions, J. (R ) 70 + - + + + + + - - + 52 Collins (R ) 50 - - + + - - + + - + 35 ALASKA MARYLAND Stevens (R ) 60 + - + + - + + - - + 38 Sarbanes (D ) 20 - - - - - - - + + - 18 Murkowski (R ) 60 + - + + - + + - - + 35 Mikulski (D ) 30 - - - - - - - + + + 21 ARIZONA MASSACHUSETTS McCain (R ) 60 + - + + - + + - - + 44 Kennedy, E. (D ) 25 - + - - - - - ? + ? 22 Kyl (R ) 70 + - + + + + + - - + 52 Kerry (D ) 33 - + - + - - ? - + - 21 ARKANSAS MICHIGAN Lincoln (D ) 50 - - - + - - + + + + 20 Levin, C. (D ) 30 - - - - - - + + + - 23 Pryor (D ) 40 - - - + - + + - - + 15 Stabenow (D ) 40 - - - + - - + + - + 28 CALIFORNIA MINNESOTA Feinstein (D ) 33 - - - - - ? - + + + 18 Dayton (D ) 40 - - - + - - - + + + 25 Boxer (D ) 40 - + - - - - - + + + 24 Coleman (R ) 67 - - + + + + + ? - + 31 COLORADO MISSISSIPPI Allard (R ) 70 + - + + + + + - - + 51 Cochran (R ) 60 + - + + - + + - - + 41 Salazar, K. (D ) 30 - - - + - + + - - - 24 Lott (R ) 60 + - + + - + + - - + 41 CONNECTICUT MISSOURI Dodd (D ) 30 - - - - - - - + + + 25 Bond (R ) 70 + - + + + + + - - + 49 Lieberman (D ) 11 - - - + - - ? - - - 8 Talent (R ) 70 + - + + + + + - - + 48 DELAWARE MONTANA Biden (D ) 40 - - - + - - - + + + 18 Baucus, M. (D ) 44 - - + + - - ? - + + 24 Carper (D ) 60 - - + + - + + + - + 25 Burns (R ) 70 + - + + + + + - - + 51 FLORIDA NEBRASKA Nelson, Bill (D ) 50 - - + + - + + - - + 20 Hagel (R ) 70 + - + + + + + - - + 44 Martinez (R ) 70 + - + + + + + - - + 43 Nelson, Ben (D ) 60 - - + + + + + - - + 30 GEORGIA NEVADA Chambliss (R ) 70 + - + + + + + - - + 50 Reid, H. (D ) 50 - - - + - + + + + - 23 Isakson (R ) 70 + - + + + + + - - + 50 Ensign (R ) 70 + - + + + + + - - + 62 HAWAII NEW HAMPSHIRE Inouye (D ) 50 - + - - - + + + + - 35 Gregg (R ) 60 + - + + - + + - - + 49 Akaka (D ) 22 - + - - - - - ? + - 23 Sununu (R ) 70 + - + + + + + - - + 62 IDAHO NEW JERSEY Craig (R ) 70 + - + + + + + - - + 48 Lautenberg (D ) 20 - + - - - - - + - - 15 Crapo (R ) 70 + - + + + + + - - + 55 Menendez (D ) 11 - + - - - - - ? - - 19 ILLINOIS NEW MEXICO Durbin (D ) 30 - + - - - - - + + - 21 Domenici (R ) 70 + - + + + + + - - + 38 Obama (D ) 30 - - - + - - - - + + 21 Bingaman (D ) 40 - - + + - - - + + - 23 INDIANA NEW YORK Lugar (R ) 50 - - + + - + + - - + 33 Schumer (D ) 40 - - - - - - + + + + 23 Bayh (D ) 44 - - - + - + - ? + + 28 Clinton (D ) 30 - - - - - - + - + + 23 IOWA NORTH CAROLINA Grassley (R ) 70 + - + + + + + - - + 48 Dole (R ) 80 + - + + + + + + - + 49 Harkin (D ) 33 - + - - - - - ? + + 28 Burr (R ) 70 + - + + - + + + - + 50 KANSAS NORTH DAKOTA Brownback (R ) 70 + - + + + + + - - + 45 Conrad (D ) 70 - - + + - + + + + + 42 Roberts (R ) 70 + - + + + + + - - + 46 Dorgan (D ) 70 - - + + - + + + + + 45 KENTUCKY OHIO McConnell (R ) 70 + - + + + + + - - + 46 DeWine (R ) 60 - - + + + + + - - + 25 Bunning (R ) 67 + - + + + + ? - - + 49 Voinovich (R ) 70 + - + + + + + - - + 40 LOUISIANA OKLAHOMA Landrieu (D ) 40 - - - + - + + - - + 26 Inhofe (R ) 70 + - + + + + + - - + 58 Vitter (R ) 70 + - + + + + + - - + 50 Coburn (R ) 80 + - + + + + + + - + 65 30 THE NEW AMERICAN • OCTOBER 30, 2006
    • Conservative Index Votes: 31-40 31 32 33 34 35 36 37 38 39 40 1-40 Votes: 31-40 31 32 33 34 35 36 37 38 39 40 1-40 OREGON UTAH Wyden (D ) 50% - + - + - - - + + + 30% Hatch (R ) 60% + - + + - + + - - + 46% Smith, G. (R ) 60 + - + + - + + - - + 36 Bennett (R ) 60 + - + + - + + - - + 40 PENNSYLVANIA VERMONT Specter (R ) 40 - - + + - - + - - + 31 Leahy (D ) 40 - + - + - - - + + - 25 Santorum (R ) 70 + - + + + + + - - + 44 Jeffords (I ) 30 - + - + - - - - + - 18 RHODE ISLAND VIRGINIA Reed, J. (D ) 20 - - - - - - - + + - 18 Warner (R ) 50 - - + + - + + - - + 33 Chafee (R ) 40 - - + + - - + - + - 20 Allen, G. (R ) 70 + - + + + + + - - + 50 SOUTH CAROLINA WASHINGTON Graham (R ) 70 + - + + + + + - - + 48 Murray (D ) 20 - - - + - - - - + - 15 DeMint (R ) 70 + - + + + + + - - + 50 Cantwell (D ) 20 - - - + - - - - + - 15 SOUTH DAKOTA WEST VIRGINIA Johnson, Tim (D ) 50 - - - + - + + + - + 30 Byrd (D ) 50 - - - + - + - + + + 35 Thune (R ) 70 + - + + + + + - - + 54 Rockefeller (D ) 50 ? ? - + - - + + - + 29 TENNESSEE WISCONSIN Frist (R ) 60 + - + + - + + - - + 43 Kohl (D ) 60 - - - + - + + + + + 28 Alexander, L. (R ) 60 + - + + - + + - - + 47 Feingold (D ) 40 - + - + - - - + + - 30 TEXAS WYOMING Hutchison (R ) 60 + - + + - + + - - + 45 Thomas, C. (R ) 70 + - + + + + + - - + 56 Cornyn (R ) 70 + - + + + + + - - + 50 Enzi (R ) 70 + - + + + + + - - + 59 The scores are derived by dividing a senator’s conservative votes (pluses) by the total number he cast (pluses and minuses) and multiplying by 100. (A “?” indicates that a senator did not vote. If a senator cast fewer than five vote 37 Offshore Drilling. Sen. Pete Do- menici (R-N.M.) sponsored a bill (S. 3711) that would authorize oil drilling in passed by the House the previous day (see House vote #39 for more details). The Senate passed S. 3930 by a vote bill (H.R. 6061) that would authorize the construction of nearly 700 miles of securi- ty fencing along the U.S.-Mexican border. the 8.3 million acres of the eastern Gulf of of 65-34 on September 28, 2006 (Roll The House had passed this legislation ear- Mexico. The Senate would allow much less Call 259). We have assigned pluses to the lier in the month (see House vote #38). offshore drilling than the House-passed leg- “nays” because the bill would curtail de- The Senate passed H.R. 6061 by a wide islation (see House vote #34); however, it fendant rights. margin of 80-19 on September 29, 2006 would still be a step in the right direction. (Roll Call 262). We have assigned pluses The Senate passed S. 3711 on August 1, 2006 by a vote of 71-25 (Roll Call 219). We have assigned pluses to the “yeas” be- 40 Border Fence. In the final hours before adjourning for their October recess, the Senate passed a Border Fencing to the “yeas” because such a border fence would help prevent illegal immigration and further protect our borders. ■ cause the United States should reduce its dependency on foreign oil and utilize its Another trade agreement: President Bush shakes hands with the Oman ambassador after own energy resources. signing the U.S.-Oman Free Trade Agreement Implementation Act. 38 Oman Trade Pact. Although the Senate voted on the Oman free trade AP agreement (H.R. 5684) in June, it had to clear identical legislation that originated in the House (see House vote #36). The Senate passed H.R. 5684 on Sep- tember 19 by a vote of 62-32 (Roll Call 250). We have assigned pluses to the “nays” because such trade agreements damage the U.S. economy and threaten U.S. sovereignty by the imposition of in- ternational regulations. 39 Military Tribunals. This legisla- tion (S. 3930) to establish a special system of military tribunals for “unlawful enemy combatants” is identical to the bill THE NEW AMERICAN • OCTOBER 30, 2006 31
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    • “... the right of the people to keep and bear Arms, shall not be infringed.” EXERCISING THE RIGHT From Chase to Flee County Attorney’s Office decided not to vantage point of watching as his would- At about 4:00 a.m. on August 30, Nicholas file charges. County attorney Scott Garrett be muggers tried to rob more victims and Lazares banged on the door of his ex-girl- said, “The law allows for one to defend received street justice instead. friend’s house, demanding to be let in. The himself, his family and his property under As he watched, the three robbers stopped woman, Virdiana Combs, dialed 911. circumstances where one reasonably be- a couple and tried to grab a backpack from When Lazares was denied entry, he lieves that unlawful force is about to be them. The man carrying the backpack threw an eight-pound chunk of concrete used against them.” pulled a pistol and shot all three robbers, through her glass patio door, then entered sending them running for their lives. Two the house, reported KGW.com. Combs were arrested nearby; one turned himself fled from Lazares, but he would not be Not Defenseless After All into a police station in order to get medi- deterred: he broke through two more doors One normally thinks of a wheelchair- cal aid. They were each charged with two inside the house in an attempt to get at her. bound person as relatively defenseless counts of robbery. As he broke through the third door to gain because of limited mobility, but a Harlem, The shooter has not yet been identified. entry to where she was hiding in the bath- New York, grandmother proved that stereo- Police inspector John Peterson told the room, she used a pistol to shoot him in type wrong. San Francisco Chronicle that the police the shoulder, reported KTVL-TV (Grants Margaret Johnson, 57, was going to a “would like to talk to [the] victim to hear Pass, Oregon). firing range on September 8 to shoot her the rest of the story.” Since San Francisco He then fled to a neighbor’s house to .357 pistol — something she has done for is one of the most rabidly anti-gun cities get aid. He was arrested for burglary, at- 25 years to relieve stress — when Deron in the United States and since the robbery tempted assault, and trespassing. Johnson (no relation) grabbed her around victim would likely spend years in prison the neck, likely trying to get her necklace. for defending himself, it’s unlikely he’ll Margaret described to the New York Daily come forward. Hard-line Hitchhiker News what happened next: “I was afraid. I didn’t know what he was going to do. I Went Too Far shot him and then I called 911.” Her shot Serious Intent Carl Coltellino, his wife, and two daugh- hit Deron in the elbow, and he fled. But Kennya Johnson of Copiah County, Mis- ters were traveling in an RV from Cape his escape was short-lived. Police tracked sissippi, told WLBT Channel 3 that she Coral, Florida, to Grand Canyon National him down and arrested him on a robbery begged the man carjacking her not to hurt Park. En route, they stopped in a Wal-Mart charge. her, “telling him that I have got kids.” parking lot in Cedar City, Utah, to spend Margaret, an award-winning shooter, When the carjacker replied, “B***h, do I the night. At about 9:47 p.m. on July 25, a was not proud of what she did, but she look like I have a heart,” she knew she was man knocked at their door. noted that it was he who made the decision in trouble. Thinking that the man was a security to attack her: “Actually I feel sick about The incident happened on the evening guard, they opened their door. The man, the whole thing,” but “picking on a handi- of September 9 at about 11:30 p.m. when Steven Stubbs, was not a guard, and he capped woman is about as low as you can she was leaving a pool hall. The carjacker pushed his way into their motor home. The go. I feel sorry for him, but it was a choice came up to her, “asked for directions, then Associated Press reported that Stubbs told he made.” Deron had been arrested nine pulled out a gun.” The carjacker allowed the family that he wanted “to go South.” other times previously for various crimes her to reach inside her car because he mis- And he refused to leave. The Coltellinos and spent eight years in prison. takenly thought that she said that she had reported that they “tried shoving” Stubbs, a baby in the car. She reached in, grabbed and they “tried screaming” at him, but he her gun, and turned and shot him once, wouldn’t allow himself to be budged from Unwilling Victims causing him to fall. Then, as told by John- the RV. Three robbers in San Francisco ran into son, “He came up with the gun pointed at During the altercation, Stubbs allegedly back-to-back reluctant victims on June me. So I just started … shooting because began choking Carl and grabbing for Carl’s 27. Just after 3:30 a.m., the robbers, one it was either me or him.” She hit him mul- gun, and so Carl shot Stubbs in the head, of them armed with a shotgun, stopped tiple times. killing him. It is speculated that Stubbs, a man to rob him. The robbery victim, Three apparent friends of the carjacker who has had a series of minor run-ins with however, didn’t initially see the shotgun, threw him in a car and drove him to a hos- the law, including several alcohol-related and he lashed out at the robbers with his pital, where he died. Dead was 19-year-old incidents, was intoxicated and wanted the flashlight. Vincent Fleming of Jackson. One of those Coltellinos to drive him to Florida where When he did see the shotgun, he took three men turned himself into police, but he had been attending law school, reported advantage of a brief lull in the fracas to he was not arrested after giving a state- KUTV.com. flee, reported CBS 5. From a distance ment to police. ■ After a two-month investigation, the away, the victim then had the unusual — KURT WILLIAMSEN THE NEW AMERICAN • OCTOBER 30, 2006 33
    • HISTORY— PAST AND PERSPECTIVE The Fall by Dennis Behreandt A of Rome monk or a priest or an emissary. “I wonder what I have become this day,” the man in the garb of a priest thought as he walked the muddy path between rows of shoddy hovels. Ulfilas, the Bishop, scratched his head and mused that, as a younger man, he had once had a full head of hair. God had compensated him, he thought, giving him Beginning in the fourth century, an a full, thick beard. God had also seen fit to challenge him. The son unprecedented wave of immigration washed of Cappadocian parents who had been captured over the Roman Empire, leading to the end of in a barbarian raid and carried off, he had been raised amongst those barbarians, the Goths, who the empire in the West. lived beyond the Danube River. Among them he was raised to manhood, and afterwards, as their Bishop, he brought them Christianity, albeit of the Arian variety. All had been well, it seemed, until recently. The Roman town in which he now resided with a small band of Goth im- migrants was becoming palpably nervous. Traders returning from Gothia told tales of disaster that some thought impossible. If they were to be believed, the Gothic armies, unmatched in military valor, had been routed in battle by the mysterious and terrifying Huns far to the east and were in headlong retreat. Whole families and villages, upon hearing of the disaster, had packed what belongings they could and abandoned their homeland. There would be no safety, they thought, unless they could reach Roman territory. The fleeing Goths reached Roman terri- tory at the shore of the Danube River. There they formed a vast horde, a seething mass of humanity unlike anything anyone had ever seen. Among them were men of fighting age and along with them their families. Children covered with mud and infected with lice clutched their mother’s legs, while infants wailed from hun- ger and lack of sleep. All of them were desperate. Ac- cording to one contemporary: The multitude of [Goths] escaping from the murderous savagery of the Huns, who spared not the life of woman or of child, amounted to not less than two hundred thou- sand men of fighting age. These, standing upon the riv- erbank in a state of great excitement, stretched out their hands from afar with loud lamentations, and earnestly supplicated that they might be allowed to cross over the river, bewailing the calamity that had befallen them, and promising that they would faithfully adhere to the Impe- Bishop Ulfilas: In the fourth century, Ulfilas, an Arian bishop, was a respected linguist and scholar, having translated the Bible into the Germanic language rial alliance if this boon were granted them. of the barbarian Goths. When the Goths were forced to migrate to the Roman Empire, Ulfilas, according to some ancient sources, served as their emissary to Such a request could only be granted by the emperor the Roman Emperor Valens. who, at the time, was in the city of Antioch. Ulfilas, 34 THE NEW AMERICAN • OCTOBER 30, 2006
    • who was famous both among the Goths their duty to the empire and and the Romans, went to Antioch to plead disarming the Goths before the Goths’ case with Emperor Valens. The transporting them to safety, The Goths reached Roman territory at the emperor considered the request and days turned instead to theft and rap- shore of the Danube River. There they went by as he discussed matters with his ine. The Byzantine historian formed a vast horde, a seething mass advisers. Finally, he rendered his decision. Zosimus recorded the Roman Yes, the Goths could cross the river and perfidy and its predictable re- of humanity unlike anything anyone had live in the land of the Romans. Probably sult: “The tribunes and other ever seen. Among them were men of it was Ulfilas who journeyed back to the officers … went over to bring Danube to deliver the imperial decision. the Barbarians unarmed into fighting age and along with them their The warriors among the Goths would have the Roman territory; but occu- families. All of them were desperate. to surrender their weapons upon crossing, pied themselves solely in the and mothers would weep at the news that their young sons would be ransomed through- out the vast empire. The alter- native was annihilation at the hands of the Huns. The Goths did not hesitate to agree to the Roman terms. Ulfilas likely returned to his home in the town of Nicopolis ad Istrum, a few miles south of the river’s banks. He had done his best for his adopted peo- ple. They would be safe, and grateful too. In return for their safety, they would become Foederati, allies that would be zealous defenders of the em- pire and would swell the ranks of the Legions. That, in any case, was what Ulfilas likely thought and what Valens, the emperor, fervently hoped. It wasn’t to be. Instead, the deci- sion to admit the Goths would be a disaster. Pandora’s Box had been opened and the first act in the destruction of the Roman Empire, caused by an onrushing storm of mass mi- gration, was about to unfold. Total War Initially, the Goths must have been relieved to hear that the emperor would welcome them. But nothing about this migration would go smoothly, and any relief the refugees felt on hearing the emperor’s decision would soon fade in the face of further misfortune. The Roman soldiers charged Attila the Hun: The most famous leader of the barbarian Huns, Attila still symbolizes to this day the ferocity with ferrying the horde across for which these nomadic warriors were known. It was their drive across the steppe to the West that forced the the Danube, instead of doing massive migration of Goths and other Germanic peoples to the lands of the Roman Empire. THE NEW AMERICAN • OCTOBER 30, 2006 35
    • HISTORY— PAST AND PERSPECTIVE Romans, as always, were disciplined, fe- rocious, and well trained. But so were the Goths, who never failed to give a good ac- count of themselves in battle. After much hard fighting, though, the Roman infantry began to crumble under the weight of the Gothic cavalry, and the battle turned into a rout. Worst of all, the emperor himself fell in battle, though precisely how is unclear. The Roman orator Themistius described the bleak outcome from the Roman point of view: “After the indescribable Iliad of evils on the Ister [Dniester] and the onset of the monstrous flame [of war], when there was not yet a king set over the affairs of the Romans, with Thrace laid waste, with Illyria laid waste, when whole armies had vanished completely like a shadow, when neither impassable mountains, unfordable rivers, nor trackless wastes stood in the way, but when finally nearly the whole of the earth and sea had united beside the barbarians.” Themistius’ soaring rhetoric aside, the Gothic War was a catastrophe: the Romans had lost an emperor, a prov- ince, and a war. The Gothic War was not the end of the empire in and of itself, but it was a prelude of sorts. Legally, the Balkans remained Roman, but demographically, the leading residents were now Goths. Moreover, they Defender of Rome: Flavius Stilicho was the supreme military commander in the Western Empire retained their autonomy. More ominously, at the beginning of the fifth century. In 406 A.D., he expelled a Gothic migration from Italy, but a precedent had been set and additional mi- being the son of a barbarian father, was himself emblematic of the changes wrought in the empire grations were to threaten the integrity of by the barbarian migration. the empire on other frontiers. Twenty years after the events in the Balkans, the Goths gratification of their brutal appetites, or in warrior with a fearsome reputation, to a and Vandals and other Germanic peoples procuring slaves, neglecting every thing banquet. During the feast a scuffle broke were again pressing to the west, again that related to public affairs. A consider- out between Fritigern’s warriors and some probably being propelled by pressures able number therefore crossed over with Roman soldiers. It was quelled, but Lu- from migrating Huns in the east. In the first their arms, through this negligence. These, picinus ordered the Goth commanders put decade of the fifth century, the Germanic on arriving into the Roman dominion, to death. Drawing his sword, Fritigern migration moved into Italy and into Gaul forgot both their petition and their oaths. rushed out of the banquet to the cheers of — the heart of the Western Empire. Thus all Thrace, Pannonia, and the whole his troops. The peaceful immigration was These were tremendous movements of country as far as Macedon and Thessaly over. The amnestied Goths would now lay people. If not as large as the Gothic migra- were filled with Barbarians, who pillaged waste to the Roman Balkans at the point tion 30 years earlier, they were substantial all in their way.” of the sword. nevertheless. Oxford historian Peter Hea- Matters continued to degenerate after In 378 A.D., conditions of total war ther, in his recent study entitled The Fall of the crossing. The province was unprepared prevailed in the Balkans as the migrating the Roman Empire, estimates that each of to feed the vast multitude of new arrivals, Goths who had crossed the Danube pre- the three migrations in the first decade of and no doubt balked at the thought that pared to engage the formidable military the fifth century comprised approximately they should. Moreover, Roman officials might of the empire. The climactic battle 100,000 people. “Such a scale is more than would only sell the worst, rotten meat to came on August 9 of that year. The Emper- enough to explain how the immigrants the Goths at exorbitantly high prices. With or Valens, tired of waiting for support from were able to force their way across the this as backdrop, the Roman general in the the Western Empire, marched his army Roman frontier in the first place,” Heather province, one Lupicinus, invited Fritigern, north to meet the Goth warriors. What en- writes. “Late Roman military [garrisons] the leader of the Goth immigrants and a sued was a battle of military giants. The … were designed to counter only endemic 36 THE NEW AMERICAN • OCTOBER 30, 2006
    • small-scale raiding.... Tens of thousands of The incursions caused the barbarians, even if many were noncombat- embattled empire to denude ants, were well beyond the competence of the outlying provinces of Alaric, a Goth king, led his followers border troops.” troops. In Britain, the 20th into the Roman homeland, bent not on What would seem to have been the most Legion, stationed there for destruction, but on immigration. The serious of these migrations was repulsed centuries, was withdrawn. in 406 A.D. The Goth Radagaisus, who by Stilicho, the general and incursions caused the embattled empire to reputation was the most fearsome of the Consul in the West under denude the outlying provinces of troops. Gothic warriors, led as many as 100,000 the Western Emperor Hon- migrants, of which about 20,000 were orius, first parried Alaric, In Britain, the 20th Legion, stationed there warriors, into Italy. The supreme Roman then partnered with him in for centuries, was withdrawn. military commander in the West at the time an aborted campaign against was Flavius Stilicho. The son of a barbarian father in the service of Rome and a Roman The sack of Rome: In 410 A.D., the city of Rome fell to the Goths and their leader, Alaric. mother, Stilicho was himself emblematic of When news of the sack of Rome reached St. Jerome in Bethlehem, he asked: “What can be the barbarian encroachment on the empire. safe, if Rome in ruins fall?” In spirit, though, he was Roman through and through and in Italy he marshaled over- whelming force against Radagaisus. The barbarian was captured and put to death and his horde of followers dispersed into the empire, where in defeat they continued to shift the demographics of the realm. The Romans were much less successful in Gaul. As Italy was breathing a sigh of relief at the defeat of Radagaisus, Vandals and other barbarian peoples swept across the Rhine and into Roman Gaul. In a little over two years, they had surged through the territory of what is today modern France and then poured into Spain. There was no question that these provinces had passed into the hands of the German immigrants. According to the historian Hydatius, in Spain they “apportioned to themselves by lot areas of the provinces for settlement: the Vandals took possession of Gallaecia, and the Sueves that part of Gallaecia which is situated on the very western edge of the Ocean.... The Spaniards in the cities and forts who had survived the disasters sur- rendered themselves to servitude under the barbarians, who held sway throughout the provinces.” This wasn’t military conquest alone. By sheer weight of numbers the im- migrants established themselves in their new homelands. Roman authority, out- numbered and ignored, withered away. The Empire Struck Down Where Radagaisus failed in Italy, another Goth king was having more luck. This was Alaric, the head of those Goths who had once followed Fritigern. Desiring to live in Italy instead of the Balkans, Alaric led his followers into the Roman homeland, bent not on destruction, but on immigration. THE NEW AMERICAN • OCTOBER 30, 2006 37
    • HISTORY— PAST AND PERSPECTIVE until the barbarian Odoacer, didn’t happen through conquest alone. The the real power in Italy, wrote Goths Christianized by Ulfilas did not seek “In my view,” concluded historian Peter to the Eastern Emperor and to overturn imperial authority, nor did the Heather, “it is impossible to escape proposed that there was no Goths under Alaric seek the end of the em- longer a need for a Western pire. Nor for that matter did the Vandals in the fact that the western Empire broke Emperor. In Constantinople, Africa or Attila in central Europe. They all up because too many outside groups the Emperor Zeno agreed sought, to greater or lesser degrees, accom- established themselves on its territories.” and Romulus Augustulus, the modation and self-rule within the empire, Western Emperor in name and settling there, eventually transformed Thus the Roman Empire perished under only, was allowed to retire. Europe from the homogeneous state ruled an onslaught of uncontrollable migration. Odoacer “sent the western by Rome into a continent of independent imperial vestments, includ- kingdoms. “In my view,” concluded his- ing … the diadem and cloak torian Peter Heather, “it is impossible to the Eastern Emperor. When this campaign which only an emperor could wear, back escape the fact that the western Empire did not occur, Alaric appeared in Italy to Constantinople,” wrote historian Peter broke up because too many outside groups again with his army, demanding payment. Heather. “This momentous act brought established themselves on its territories.” Stilicho advised payment, but he was fall- half a millennium of empire to a close.” In the end, the Roman Empire, built by ing out of favor with the emperor and, in It took 100 years for the Roman Empire controlled immigration, perished under fact, was executed in 408. Charged with in the west to disappear. It is noteworthy an onslaught of uncontrollable barbarian disloyalty, he was guilty only of rising too that, while it was incredibly violent, it migration. ■ high in the esteem of his fellow Romans. Stilicho was the only general capable of opposing Alaric and the Goths. With him gone, they now maneuvered freely, but with caution, trying to achieve their ends. In 410 A.D., on the night of August 24, Alaric’s Goths entered Rome itself. In the Eternal City, they plundered and de- stroyed, but as Christians, were scrupu- lously careful not to damage or despoil the belongings of the Church. The magnitude of this sack of Rome can be felt through the reaction of St. Jerome. “What can be safe, if Rome in ruins fall?” he wondered when news of the sack reached him in Bethlehem. And still the empire lingered, but it was now a Romano Gothic empire. Then came the penultimate blow, when the Vandals in Spain invaded Africa, traditionally the source of much of the grain that fed Rome. By 442 A.D., the Vandals had wrested Car- thage from imperial rule and Rome was forced to agree to a treaty formalizing the Vandal seizure of important North Afri- can territories. Finally, at the same time, came the Huns. Now under the infamous Attila, they rampaged irresistibly through the Balkans. Germans and Huns alike then moved en masse westward and into Gaul, a further immigration that again diluted the empire’s rule. By this time Rome, in the imperial sense, was no longer Rome. The barbar- The end of empire: In 476 A.D., Romulus Augustulus, the last of the Roman emperors in the ians controlled vast swaths of territory and West, was deposed by the barbarian Odoacer. Romulus Augustulus had been emperor in name dictated in some cases imperial succession. only and, recognizing this, Odoacer effectively dissolved the Western Empire by sending the The empire in the West lived on in name, Imperial vestments to the Eastern Emperor Zeno in Constantinople. 38 THE NEW AMERICAN • OCTOBER 30, 2006
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    • THE GOODNESS OF AMERICA Rifle Found After Being reaction, I was so dumbfounded.” tooth, but never paid for his goodies. As The truth of the admonition from Eccle- Seamons walked around the store he rec- “Cast Upon the Waters” siastes has been proven now that Jackson ollected for the reporter: “This was the “Cast thy bread upon the waters: for thou has found the rifle he “cast upon the wa- candy aisle. This was the medicine aisle.” shalt find it after many days,” goes the ters” so many years ago. “I think we would just stash our back- famous saying from the eleventh chapter packs full of candy, and just have an af- of the biblical book of Ecclesiastes. It is ternoon of sugar high and absolute fun,” unlikely that eight-year-old Terry Jackson Childhood Shoplifter he recalled. would have had this verse in mind when Joanne Hanson, however, does not con- he generously gave up one of his prized Makes Amends sider shoplifting to be “fun.” As she ex- possessions in order to get a gift for his Shawn Seamons, a lifelong resident of plained: “It hurts us, it does. We struggle grandmother, but he nonetheless expe- Logan, Utah, recently walked into the Is- to compete with the bigger stores.” rienced the scripture ring true nearly 50 land Market and handed Joanne Hanson, Seamons explained what impelled him to years after his sacrifice. the store’s owner, a check for $200. He make amends to Hanson: “It’s been weigh- The Associated Press reported on Sep- said it was to pay her back for all the candy ing on my mind for five or six years now.” tember 26 that, “at age 8, Terry Jackson gave he shoplifted from her store when he was Although Hanson disapproves of up his prized .22-caliber Winchester short- a schoolboy. Seamons’ past actions, she is a forgiving barrel rifle to get his grandmother a wash- Alex Cabrero of KSL, Channel 5 in individual and attributed Seamons’ will- er.” Recently, the now 57-year-old Idaho Salt Lake City, interviewed both parties ingness to make amends to his much-im- resident “got the gun back through a series involved in this highly unusual story about proved character. of chance encounters and conversations.” the triumph of a man’s conscience over his She explained: “Integrity. That’s one “As a boy,” AP noted, “Jackson felt past transgressions. Seamons said he went thing I value above everything else is bad that his grandmother was too poor to to the Island Market almost every day after integrity.” ■ have a washer. So he took the rifle he had grade school to feed his insatiable sweet — STEVEN J. DUBORD & WARREN MASS earned money for by mowing lawns and doing other chores to a pawn shop.... The pawn shop owner agreed to trade a wringer washer for the rifle.” Recounting the story, Jackson told The Lewiston Tribune that the rifle “was the only thing I had that was worth anything.” The pawn shop owner never sold the rifle, but decades later, in the 1980s, he gave it to family friend James Grow, tell- ing him the story accompanying the rifle. “He told me the story but I never thought FOR THE FINEST IN GROCERIES, anything about it,” Grow said. But be- MEATS, AND PRODUCE cause the pawn shop owner had told Grow that “the gun might be worth something someday,” instead of using the rifle, Grow stored it away. Eventually, Grow became an attorney in Lewiston, Idaho, and Jackson hired him for some legal work. During a business lunch, Becky Brotnov, Jackson’s companion, hap- pened to tell Grow the story of the rifle-for- washer trade. “‘All of a sudden it dawned on me, I own the gun,’ Grow said.” “That was a really nice thing he did for his grandma,” Grow said. After hearing the story, he knew he did not want to keep the gun, so he went to Jackson’s home and gave it back to him. Though grateful, T.R.F. INVESTMENT CO. INC. Jackson said, “I didn’t even have much 2100 N KOLB ROAD • TUCSON, AZ 85715 40 (520) 298-2391
    • IN MEMORIAM Remembering a Champion Helen Chenoweth-Hage will always be remembered as a champion of private property rights, a steadfast patriot, and a model of Christian charity, courage, and perseverance. by William F. Jasper neighbor, in the way that folks in small, rural communities do, our T he tragic death of former Rep. real friendship didn’t blossom until Helen Chenoweth-Hage in an au- after my graduation from college in tomobile accident on October 2, 1975. That same year, Helen became left me, like so many others, stunned. Her America’s first woman to be ap- AP sudden passing was all the more shocking pointed a state executive director for since it followed by only four months the the Republican Party. She and Nick death of her husband, Wayne Hage, a well- also became deeply involved at that known fellow champion of property rights time in the reelection race of their and constitutional government. Over the longtime friend, Idaho Congress- years, both Wayne and Helen had written man Steve Symms, for whom Helen articles for THE NEW AMERICAN. Each of served as chief of staff. For a couple them had also been the subject of separate months in 1976, I became the vol- feature interviews in the magazine, and unteer chauffeur for Congressman each had been the focus of multiple stories Symms and the Chenoweths, as we in these pages. crisscrossed Idaho’s beautiful 1st Con- with concern for the needs of its people. I first met Helen Chenoweth many years gressional District on the political stump Most especially they knew that she was before she would gain national recognition circuit. It was an exciting time. a fearless and passionate champion of in the political world. She was a young wife I soon went on to join the staff of The their God-given rights, as guaranteed in and mother in my hometown of Orofino, John Birch Society and began to write for the U.S. Constitution. Helen handily won a small timber town in northern Idaho. I its magazines. Helen continued on in poli- reelection twice and could easily have was her paperboy and, on a couple of oc- tics and then launched another career as remained in office, but she had pledged casions, her baby sitter, when my sisters co-founder of a consulting firm that fought to stay in Washington, D.C., no more weren’t available to watch her children, for the rights of property owners and than three terms. True to her word, she Megan and Michael. Later, in high school, against the heavy hand of federal regula- resigned her seat in 2000, but she didn’t I worked part-time for her husband, Nick tion and taxation that was crushing family resign from the freedom fight. Chenoweth, in his construction business. I farms, ranches, and businesses. She also In 1999, she married legendary Nevada was always impressed with Helen’s intelli- went on the speaker circuit for the John rancher and author Wayne Hage, a long- gence, gracious charm, warm friendliness, Birch Society. time friend, whose lovely wife Jean had and captivating smile. In 1994, Helen was elected to represent died several years before. Together with Although I had always considered Idaho’s 1st District in Congress. Liberal Wayne, Helen carried on the Hage family’s her a friend and journalists, feminists, and environmental- heroic decades-long legal battle against ists seemed to be driven to near-frenzy the harassing policies of the U.S. Forest level at the mere mention of her name. Service and Bureau of Land Management. According to them, she was the agent Their court victory in Hage v. U.S. is a AP of evil corporate interests who would seminal triumph for private property own- ravage the national parks and forests ers and all those who treasure liberty. for filthy lucre, leaving nothing but Helen and Wayne were exemplary pa- open-pit mines, clear-cut forests, and triots and models of Christian charity, slaughtered spotted owls. Idaho voters courage, perseverance, and decency. Their didn’t buy it. They knew that Helen was lives have enriched and inspired many. a true environmentalist who balanced They will both be sorely missed and long appreciation for Idaho’s natural beauty remembered. ■ THE NEW AMERICAN • OCTOBER 30, 2006 41
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    • Medicaid Drives Costs Up, study, notes how inequities are built into just for its supposed beneficiaries, but the system. The NCPA says: “Since there is also for those who are not in the system, Care Down no limit on the number of state dollars the driving up the cost of private care. This is ITEM: The Providence (R.I.) Journal for federal government will match, states that hardly a secret. Michael Cannon, director September 30 opined: “A national uni- spend more receive more federal dollars. of health policy studies at the Cato Insti- versal health plan is, of course, the logi- This has provided states with a perverse tute, observes that everyone who works in cal solution to America’s chaos of private incentive to spend money wastefully.” Ex- this field knows it, though some refuse to insurance, state health plans, and federal amples cited by the NCPA include: admit it in order to make it seem as if more programs. Every other large industrialized Medicaid is needed to make up for a lack democracy has a national health system, • In Colorado, Michigan and many of insurance coverage. Expanding Medic- as opposed to the rather barbaric U.S. other states Medicaid has paid for aid, he says, “causes private coverage to ‘system.’” services to dead beneficiaries. decline, and can even increase the number CORRECTION: One need not be an enthu- • Many states underpay physicians of people counted as ‘uninsured.’” siast of the healthcare status quo in the and overpay hospitals, encourag- Despite all the problems that have in- United States to recognize that more gov- ing more expensive hospital-based evitably flowed from having so many gov- ernment involvement is the problem, not treatment. ernment intrusions in the healthcare field, the solution. Set up to pay for healthcare • Many states pay premium prices leftists keep pushing for more. ■ for the poor, Medicaid has grown expo- for brand-name drugs even though — WILLIAM P. HOAR nentially, and now covers a wide variety lower-cost generic and over-the- of groups, including children, pregnant counter medications may be just as women, the disabled, and the elderly. effective. As it is, almost $500 billion, or about • All too often Medicaid expansion 60 percent, of U.S. hospital bills are al- encourages people to drop private ready being footed by the federal and state health insurance and get their health government, according to a recent study care at taxpayer expense. by the Department of Health and Human Service’s Agency for Healthcare Research As a result, supposed “optional” coverage and Quality. Expanding that to 100 percent is expanding rapidly since Washington is is not rational. providing a blank check — albeit one that Consider that Medicaid pays for almost bears the collective signature of the Amer- half the nursing-home care in America, ican taxpayers. About two-thirds of overall while Medicare picks up an additional 11.7 Medicaid spending is on “optional” ser- percent. This is ominous considering that vices, says the Kaiser Family Foundation. the senior population is projected to grow All these costs, needless to say, don’t four times as fast as the overall American translate into good care. When states do population during the next 25 years. try to cut corners by holding down some Seniors in the United States already more visible direct costs, less obvious have a version of national healthcare. Does indirect costs balloon — as has occurred anyone really think that has been a pana- following government price controls cea or helped bring costs under control? for countless centuries. Similarly, many To be sure, healthcare costs for everyone doctors hate how the system administers are rising. But Medicaid costs have long prices and treatment. As noted in a Heri- since passed through the roof and headed tage Foundation report: “Medicaid’s reim- for the stratosphere. “Every American bursement rates have dipped so low and its spent almost five times as much on private bureaucracy has become so burdensome health care in 2004 as in 1967,” observes that many providers, especially physi- the Albany (N.Y.) Herald. “But the amount cians, have been forced to stop accepting every American contributed to Medicaid Medicaid payments. A 2002 Medicare went up in that same period by 14 times.” Payment Advisory Commission (MedPac) Predictably, the states have been trying survey found ‘more than 30 percent of all to get as many “free” federal dollars from physicians now refusing to accept any new the feds as possible. The Dallas-based Na- Medicaid patients.’” tional Center for Policy Analysis, in a new Medicaid has detrimental effects not THE NEW AMERICAN • OCTOBER 30, 2006
    • THE LAST WORD BY WILLIAM F. JASPER Border Bamboozlement & Betrayal P resident Bush picked House and GOP congres- Scottsdale, Arizona, sional leaders opted for as the venue for his political expediency — and October 4 signing of the survival. On September nearly $34 billion Depart- 14, the House voted over- ment of Homeland Security whelmingly (283-138) for Appropriations Act. “The H.R. 6061, The Secure bill I sign,” said the presi- Fence Act of 2006. The dent, “helps us address one Senate followed suit on of the central issues facing September 29, adopting the all states, but particularly a House measure by a vote of state like Arizona, and that’s 80 to 19 shortly before ad- illegal immigration.” journing. Now they could Many of the news re- return to their states and ports covering the signing tell concerned voters that reported that the legislation they had fixed our border included $1.2 billion for the problems. (See House vote construction of 700 miles of #38 and Senate vote #40 in fence along our border with Mexico. Television news reports the “Conservative Index,” pages 22-31.) on the story (on both American and Mexican networks) were However, as the Washington Post reported on October 6, “No accompanied by file video footage of workers constructing sec- sooner did Congress authorize construction of a 700-mile fence tions of border fence in the San Diego area, giving the impres- on the U.S.-Mexico border last week than lawmakers rushed to sion that the new 700-mile fence is already going up. approve separate legislation that ensures it will never be built, Mexico’s Foreign Secretary, Luis Ernesto Derbez, added to at least not as advertised, according to Republican lawmakers the illusion by condemning plans to build any border barrier as and immigration experts.” completely “offensive” to Mexico and said his country was even The legislation the Post refers to is the appropriations bill considering challenging the United States’ right to do so at the mentioned above that President Bush signed on October 4. The United Nations. Many news stories recycled last year’s quotes Post story reported that “shortly before recessing late Friday, from Derbez’ boss, President Vicente Fox, who called congres- the House and Senate gave the Bush administration leeway to sional efforts to build a fence “shameful” and compared any distribute the money to a combination of projects — not just the such barrier to the communist-built Berlin Wall. physical barrier along the southern border.” Can it be that finally President Bush has shaken off his incred- Anyone who carefully read the president’s signing statement ible fixation with abolishing our borders and flooding America will note that nowhere did he mention 700 miles of fence. He with millions of “temporary guest workers” and amnestied said: “The bill I sign today includes nearly $1.2 billion in ad- illegal aliens? Don’t hold your breath. The White House and ditional funding for strengthening the border, for new infrastruc- the GOP congressional leadership believe they have already ture and technology that will help us do our job. It provides obtained everything they wanted from the presidential signing funding for more border fencing, vehicle barriers, and lighting, and photo-ops along the border: they have placated the restive for cutting-edge technology, including ground base radar, infra- masses of American voters, who were demanding with increas- red cameras, and advance sensors that will help prevent illegal ing bellicosity that their elected officials secure our disastrous crossings along our southern border. That’s what the people of borders. At present, we have only about 75 miles of our 2,100- this country want.” mile U.S.-Mexico border fenced. That’s right, 75 miles. Sen. Judd Gregg (R-N.H.), who chairs the Senate subcommit- Facing a revolt from angry constituents and their conserva- tee that funds the Department of Homeland Security, told the Post tive activist base, House Republican leaders gave in last year that probably “at least 300 to 400 miles” will be built. Don’t bet and voted for the 700-mile fence construction. In the Senate, even on that, if Sen. Gregg and the president’s other “comprehen- however, Majority Leader Bill Frist, Arlen Specter, and other sive reform” allies have their way. Remember, this is the same GOP leaders continued to side with the Bush White House and bunch that passed legislation in December 2004 (which President the Teddy Kennedy Democrats in demanding “comprehensive” Bush signed) requiring the hiring of 10,000 additional Border Pa- immigration reform that coupled more promises of future border trol agents (2,000 per year for five years). In less than two months, security enhancement with a front-loaded amnesty and guest- President Bush had scaled that back to 210 new agents! worker program. When it became too obvious to ignore that they Let your leaders know loud and clear that you know about would be severely punished in the November elections, the White their deception. ■ 44 THE NEW AMERICAN • OCTOBER 30, 2006
    • Get Involved! Help Stop Illegal Immigration Special Report on the North American Union This need-to-read special report explains how our elected officials in Washington are integrating the United States with Canada and Special Mexico into a North American Union— just like Immigration Report Europe was joined into the European Union — and how this will devastate our middle class, This report makes a great tool for inform- erase our borders, and upend our Constitution. ing others about the social and economic (October 2, 2006, 48pp) TNA061002 (See ordering toll that unchecked immigration is having information on the card between pages 38 and 39.) on America — and what really needs to be done to set things right. (2006, 32pp, 1/$1.00, 25/$22.50, 100/$80.00) RPIMM (one immigration pamphlet stitched into each report) Immigration Billboard Immigration Send a message loud and Pamphlet clear in your community Immigration “Counting the Costs of about illegal immigra- tion with this attractive billboard. ($50.00, Call to order) BBIMM Petition Amnesty” demolishes Help do your part by collecting thou- the myths propagated sands of signatures on this petition by the media and to Congress. Available politicians regarding John F. McManus on the as a free download at the so-called eco- Immigration Invasion JBS.org, otherwise nomic and monetary benefits of illegal copies may be pur- The Immigration Invasion video provides an chased from AOBS. immigrants in our examination of the threat that illegal immi- (1 FREE, 100 for country. (2006, gration poses to the United States, and offers $6.00) IMMPET Gatefold, 4/$1.00, a series of solutions to the problem. (2006, 16 100/$22.00, min., 1/$10.00, 5-9/$9.00 ea., 10+/$8.00 ea.) 500/$100.00) PIMM DVD: DVDIMMI, VHS: VIMMI ✁ QUANTITY TITLE PRICE TOTAL PRICE Name ______________________________________________________________ Address ____________________________________________________________ City _____________________________ State __________ Zip ________________ Phone ____________________________ E-mail ______________________________ ❑ Check ❑ VISA ❑ Discover 000 0000 000 000 0000 0000 0000 0000 0000 ❑ Money Order ❑ MasterCard ❑ American Express VISA/MC/Discover Three Digit V-Code American Express Four Digit V-Code SUBTOTAL WI RESIDENTS ADD 5% SALES TAX SHIPPING/HANDLING (SEE CHART BELOW) TOTAL Make checks payable to: AMERICAN OPINION BOOK SERVICES ___ ___ ___ ___ ___ ___ ___ # _________________________________________ Exp. Date ________________ For shipments outside the U.S., please call for rates. Order Subtotal Standard Shipping Rush Shipping Signature ___________________________________________________________ $0-10.99 $3.95 $8.95 Standard: 4-14 $11.00-19.99 $6.75 $11.75 business days. Mail completed form to: $20.00-49.99 $8.95 $13.95 Rush: 3-7 business American Opinion Book Services AOBS • P.O. BOX 8040 days, no P.O. Boxes, APPLETON, WI 54912 $50.00-99.99 $100.00-149.99 $11.75 $13.95 $16.75 $18.95 HI/AK add $10.00 Order Online: w w w . a o b s - s t o r e . c o m $150.00+ call call Credit card orders call toll-free now! 1-800-342-6491 061030
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