-Caveat Lector-

CONGRESS ACTION: August 12, 2001

=================

FEDERAL ELECTION REFORM: On August 1 the National Commission on Federal
Election Reform issued its report, To Assure Pride and Confidence in the
Electoral Process. The Commission issued thirteen Policy Recommendations
because "Americans can and should expect their electoral system to be a
source of national pride and a model to all the world." The recommendations
are voluntary, but that approach was not good enough for some of the
commissioners. One of them, Christopher Edley, wrote a Washington Post
editorial dissenting from the voluntary approach, claiming that "certain
reforms are fundamental enough to stand on their own as nationwide
requirements that all states should abide by" (emphasis added). The irony of
demanding the use of force, mandates from a heavy-handed federal government
to enhance public confidence in the electoral process, apparently escaped
Edley.

What are the specific steps recommended by the National Commission, to "fix"
future elections? Some of the Policy Recommendations (PR) are simple common
sense, but many will make matters worse, will result in even more confused
and contested elections, and many seem intentionally designed to increase
vote fraud. Take, for example, PR # One, "Every state should adopt a system
of statewide voter registration." Specifically, the Motor Voter technique of
registering anyone and everyone should be computerized with various personal
data, and should be available to every election jurisdiction. Those
registering should be asked "if they are registered in another state, so that
that state can be notified of the new registration." Fair enough. But there
is no provision for that voter's previous state of residence to then
immediately purge their voter rolls of that voter. The Commission, even
though acknowledging the existence of "significantly inaccurate voter lists",
specifically refused to ease Motor Voter's strict procedures to enhance the
ability of states to purge inaccurate voter rolls of the deceased, the newly
disqualified, or felons. On the contrary, PR # Five says that "Each state
should allow for restoration of otherwise eligible citizens who have been
convicted of a felony once they have fully served their sentence, including
any term of probation or parole." Further, the Commission proposes (PR # Two)
a system of "provisional voting by any voter who claims to be qualified to
vote in that state", with those votes to be counted later "upon verification
by election officials that the provisional voter is eligible and qualified to
vote" -- following, no doubt, an avalanche of lawsuits over the
qualifications of each and every "provisional" ballot.


Article I, Section 4 of the United States Constitution states, "The Times,
Places and Manner of holding Elections for Senators and Representatives,
shall be prescribed in each State by the Legislature thereof; but the
Congress may at any time by Law make or alter such Regulations.". So federal
power to override state law does exist. But as Alexander Hamilton wrote in
Federalist # 59, the power to regulate elections is "in the first instance,
to the local administrations... but [the Constitutional Convention has]
reserved to the national authority a right to interpose, whenever
extraordinary circumstances might render that interposition necessary to its
safety." Extraordinary circumstances, such as the chance that states might
"annihilate [the national government] by neglecting to provide for the choice
of persons to administer its affairs." Interestingly, Hamilton went on to
postulate, "Suppose an article had been introduced into the Constitution
empowering the United States to regulate the elections for the particular
States, would any man have hesitated to condemn it, both as an unwarrantable
transposition of power and as a premeditated engine for the destruction of
the State governments?" Isn't that precisely what the National Commission on
Federal Election Reform has proposed -- what at least one commissioner wants
to mandate -- the creation of broad-ranging powers for "the United States to
regulate the elections for the particular States"? And along with that power,
the commissioners recommend (PR # Twelve) the creation of a brand new federal
bureaucracy called the "Election Administration Commission", to develop and
oversee the implementation of "federal voting system standards". Thus in one
more area, federalism is to be overridden, and state laws are to fall before
the all-consuming federal leviathan.

LEFT-WING CENSORS: When the U.S. Commission on Civil Rights issues its final
report on the presidential election, don't be fooled into thinking that the
Commission's conclusions were unanimous. Two commissioners strongly dissented
from the Commission's findings, but that dissent cannot be found in the
report posted on the Commission's website. It appears that those who run the
Civil Rights Commission have a very narrow view of civil rights -- only those
commissioners who agree with the majority deserve to be heard. Any other
opinions are silenced. It appears that Chairman Berry doesn't want anything
to interfere with the Commission's carefully constructed vision that blacks
were victimized in the Florida voting. The concurring statement of one
Commissioner reinforces that sense of victimology: "Was there a conspiracy in
the 2000 presidential election in Florida? Not provable -- as of today." Not
provable, but clearly implied by "an interesting confluence of circumstances"
creating "an unsettling account" of events. But no evidence. Dissenting
Commissioners Thernstrom and Redenbaugh are still protected by the Bill of
Rights, and despite the attempts to silence their criticism of the majority
report, their dissent can still be read (see link below). One wonders what
the Civil Rights Commission is so afraid of, and why they are so intent on
fostering victimhood and divisiveness.

The conclusion of the Thernstrom and Redenbaugh dissent:

"America's journey on the road to racial and ethnic equality is far from
over. We have traveled far, and still have far to go. But the Commission's
majority report positively sets us back. By crying "disfranchisement" where
there was confusion, bureaucratic mistakes, and voter error, the report
encourages public indifference. Real civil rights problems stir the moral
conscience of Americans; inflated rhetoric depicting crimes for which there
is no evidence undermines public confidence in civil rights advocates and the
causes to which they devote themselves.

The U.S. Commission on Civil Rights was once the moral conscience of the
nation. Under the direction of the Chair, Mary Frances Berry, it has become
an agency dedicated to furthering a partisan agenda. After six months of
desperately searching for widespread disfranchisement in Florida, the
Commission produced a 200-page report based on faulty analysis and echoing
vague and unsubstantiated claims.

The shoddy quality of the work, its stolen-election message, and its picture
of black citizens as helpless victims in the American political process is
neither in the public interest nor in the interest of black and other
minority citizens. Do we really want black Americans to believe there is no
reason to get to the polls; elections are always stolen; they remain
disfranchised? There is important work the Commission can do. But not if its
scholarly and procedural standards are as low as those in this Florida
report."

NANNY STATE: Democrats controlling the U.S. Senate, with Senator Hillary in
the lead, have engineered the defeat of Mary Sheila Gall, President Bush's
nominee to head the Consumer Products Safety Commission (CPSC), by party-line
vote in the Senate Commerce Committee. That Gall has been a commissioner on
the CPSC for a decade, that she was originally nominated by the first
President Bush and confirmed without controversy by a democrat Senate in
1991, that she was re-nominated by President Clinton and re-confirmed
(unanimously, according to media reports) in 1999, mattered not in the least
to democrat demagogues. Gall had committed an unpardonable sin -- she
actually had the temerity to suggest that parents have some responsibility
for safeguarding their own children, that people who act like idiots in their
use of products actually bear some responsibility for the consequences of
their own stupidity. And such individual responsibility, of course, simply
won't do. John Breaux (D-LA) explained why: ".in the real world we live in,
people are negligent with products." So, according to left-wing logic, the
company that made that product must be blamed. Not the negligent user, of
course. Because everyone knows that Americans are nothing but helpless boobs,
who couldn't survive from one day to the next without the omniscient and
omnipresent federal government guiding their every move. Hey, all you
democrat voters, take heed -- Senate democrats think that you are nothing but
incompetent fools. Make you feel good? And you keep voting for these guys.

MEDICAL MIRACLES: The doctors and research scientists worked to save human
lives. They investigated vaccines and immunization for, and treatment of,
malaria and typhoid; they studied muscle and nerve regeneration and bone
transplants to help injured people; they tried to discover the cause of birth
defects; they tested the effects of various pharmaceuticals on phosphorous
burns; they investigated the limits of human endurance to extremely high
altitudes and freezing temperatures, and tried to extend that endurance. The
potential for extraordinary medical breakthroughs is the excuse used today to
justify scientific experimentation with human stem cells, the sort of
research that President Bush just announced would be permitted to a limited
degree. Some have condemned Bush for not going far enough, by holding out the
prospect of regenerating brain activity in Alzheimer's patients, or the
repair of spinal cord injuries. Others have condemned Bush for going too far,
and for undermining the sanctity of life by allowing the research at all,
because the cells for that research come from human embryos. One of the more
venal comments on Bush's decision came from an editorial in a major newspaper
that called his decision waffling, because it showed "a perpetual fear of
offending the Republican Party's right-wing base." Pro-life opponents of stem
cell research, the editorial said, "should not be allowed to dictate pubic
policy, especially in an area where the health of so many people might be in
the balance." Yes, indeed, the health of many people might be affected, and
there could be enormous benefits from such research. But there are far larger
considerations in addition to "the health of so many people". Those doctors
and research scientists mentioned at the beginning of this section did not do
their work in modern American research laboratories. They did their work at
places with names like Auschwitz, Dachau, Buchenwald, Sachsenhausen, and
Ravensbrueck. Before anyone reacts with outrage that such atrocities "could
never happen here", does anyone recognize the names Tuskegee and MK-Ultra?
There are profound moral implications to the use of humans in medical
research, even unborn human embryos -- regardless of how many people may
eventually benefit -- and when the moral dimension of any research is ignored
or denied, anything is possible. We are on the threshold of astonishing new
discoveries and technologies that hold the potential to redefine the very
meaning of life itself. The issue is not "can we?", but rather, "should we?".
That one of the premier newspapers in this country refuses to even
acknowledge that moral dimension, and suggests that opposition to such
research should simply be dismissed out of hand because that opposition is
"right-wing" and therefore, presumably, outside the mainstream of elite
opinion, is far more frightening than any of the "slippery slope" arguments
that opponents make about the research itself. Elite opinion in the society
that created Auschwitz and the rest also thought that the work of men such as
Josef Mengele and many more like him would benefit the health of many people.
Whether or not stem cell research should be permitted or should be banned
today is a moral debate in which our modern society must engage, just as we
must engage the moral dimensions of abortion, cloning, and other genetic
research. Such debate -- or the absence of such debate -- says an enormous
amount about us, about our humanity, and about our values as a society.
Thoughtful, well-meaning, moral, and intelligent people on both sides of
these issues can and do differ, profoundly. The attempt to silence one side
or the other with personal vilification and ad hominem attacks, rather than
to deal with the moral aspects of all this intellectually, diminishes us all
as a society and, if successful, holds chilling and dangerous implications
for the future.



FOR MORE INFORMATION.

========================

Federal Election Reform report:
http://www.reformelections.org/data/news/full_report.pdf

United States Commission on Civil Rights: http://www.usccr.gov/

Draft Staff Report On Voting Irregularities in Florida During the 2000
Presidential Election: http://www.usccr.gov/vote2000/stdraft1/main.htm

Dissent to the Civil Rights Commission by Commissioners Abigail Thernstrom
and Russell G. Redenbaugh:

http://www.manhattan-institute.org/html/final_dissent.htm

Thernstrom statement to the U.S. Senate:

http://rules.senate.gov/hearings/2001/062701_thernstrom.htm

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Mr. Kim Weissman
[EMAIL PROTECTED]

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