International Court Resists Palestinian End-Run (Townhall.com) April 17, 2012
Posted by daviddavenport in Radio Commentaries.Tags: International Law
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For three long years, the Prosecutor of the International Criminal Court has been trying to decide whether he has jurisdiction to investigate Israel for alleged war crimes in Gaza in 2008-09.
Although the legal answer was clearly NO, he faced political pressures to acknowledge Palestine as a state, and to bring Israel, under the jurisdiction of international criminal law.
Finally this month he said no, Palestinian statehood is a question for the United Nations, not a criminal court, and therefore Palestine’s complaint against Israel could not be taken up.
There are good reasons why the U.S., Israel and 70 other nations have not joined this Court because, like many international tribunals, it is often more about politics than law. It took far too long, but at least they got this one right.
To listen to the audio please click on the link: http://townhall.com/talkradio/audioplayer/639975
Mitt’s Credentials (Townhall.com) April 12, 2012
Posted by daviddavenport in Radio Commentaries.Tags: Presidential Elections
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As Mitt Romney consolidates his hold on the Republican nomination, a number of folks are puzzled that conservatives have not fully embraced him. But there has long been a tension in the Republican party between the more pragmatic, business leaders and the more philosophical conservatives.
Business leaders are out to make things work, to create an environment for success. Philosophical conservatives want to see their principles heard and embraced.
As Romney says, his pragmatic approach addresses issue number 1 in the campaign: the economy—and it will connect well with centrist voters in the fall. But to cap his successful run for the nomination, he should also make clear the deep principles in which he believes.
And he can nominate a strong philosophical conservative for vice president, all of which positions him to be a very serious contender in the fall.
To listen to the audio please click on the link: http://townhall.com/talkradio/dailycommentary/637674
Healthcare: The Constitutional Tipping Point (Townhall.com) April 10, 2012
Posted by daviddavenport in Radio Commentaries.comments closed
President Obama and other liberal democrats seem shocked that the Supreme Court might actually strike down Obamacare as an unconstitutional exercise of federal power. They argue mightily, the president even publicly, that the Court would be out of line with precedent to do so.
But, in fact, the case represents what author Malcolm Gladwell would call a “tipping point.” Federal power has grown steadily until, as some justices asked, what limits would be left on Congress if this went forward?
In fact, there are two constitutional tipping points in this case: stretching the commerce clause to require individuals to buy insurance, and expanding the Congressional spending power so the federal government may control state medicare programs.
Here’s hoping the Court will pull us back from the constitutional brink, which is the role it should play.
To listen to the audio please click on the link: http://townhall.com/talkradio/audioplayer/637526
How Free is Your State (Townhall.com) March 13, 2012
Posted by daviddavenport in Radio Commentaries.Tags: Public Policy
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Justice Louis Brandeis wrote about states’ rights in 1932, saying “a single courageous state may serve as a laboratory and try novel social and economic experiments.”
One problem with state experiments today is that federal courts so quickly strike them down, but another problem is illustrated in the Mercatus Center ranking of which states are the most free, noting that large states such as California, New York and New Jersey, all in the bottom 5, use their experimentation to limit freedom. Laws banning transfat, or mandating health insurance or family leave will quickly push a state down the list.
Do you know where your state falls on the freedom scale? If you like freedom, maybe you should move to New Hampshire, South Dakota, Indiana, Idaho or Missouri, all in the top 5.
Take a look yourself at the Mercatus Center website and live free!
To listen to the audio please click on the link: http://townhall.com/talkradio/dailycommentary/635977
Independent vot… February 29, 2012
Posted by daviddavenport in Radio Commentaries.Tags: Presidential Elections
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Independent voters elected President Obama in 2008, and they will decide his reelection in 2012. But a great deal has changed in 4 years.
A recent poll shows Obama’s support among independents is down to 31 percent, from the 52 percent he carried in ’08. And a study shows that in 8 key battleground states, registration among independents is growing by 3-4 percent, so they will be important deciders.
Nearly half of independents say they haven’t made up their minds about Mitt Romney. But if the Republican race and its negative attack ads go on much longer, and then Obama spends heavily defining Romney, it will be tough.
Many independents are disgusted with both parties, so they’re difficult to predict. But in a year of negative campaigning, the effort to reach them will be both ugly and enormously important.
To listen to the audio please click on the link:
Courts Overturn Prop. 8 (Townhall.com) February 9, 2012
Posted by daviddavenport in Radio Commentaries.comments closed
The 9th Circuit federal court has decided that California’s Proposition 8, which limited marriages to a man and a woman, is unconstitutional. The 2-1 decision, authored by one of the Court’s most liberal judges, says there was no other purpose or effect other than lessening the status and human dignity of gays and lesbians. The dissenting judge said there could have been a rational reason for it, based on procreation and parenting.
The case will surely be appealed to the U.S. Supreme Court, though perhaps first to the full 9th Circuit. No same sex marriages will be performed in the meantime.
So many questions are raised:
- Should 2 federal judges substitute their judgment for the people’s vote?
- Should states or the federal government decide social questions?
- Will other states have to recognize California’s gay marriages?
Only the Supreme Court can now say.
To listen to the audio please click on the link: http://townhall.com/talkradio/dailycommentary/634418
Federal-State Tug of War in the Supreme Court (Townhall.com) December 27, 2011
Posted by daviddavenport in Radio Commentaries.comments closed
The U.S. Supreme Court recently decided it should review the 9th Circuit Court’s decision that parts of Arizona’s immigration law are unconstitutional. This is both right and hugely important.
We are in the midst of a major tug of war between a growing federal government and the power of the states. And now, having decided to hear both the Constitutional challenge to Obamacare and the attack on Arizona’s immigration law, the Supreme Court is correctly weighing in on two of the biggest federal power grabs in recent years.
At issue in Arizona is whether federal immigration law preempts, in effect, any state action on the matter. Arizona argues persuasively that its law complements federal law and is essential because the feds aren’t controlling the problem.
Both healthcare and immigration are important politically, just months before the election. But they are more important for maintaining state powers under the 10th amendment.
To hear the audio please click here: http://townhall.com/talkradio/dailycommentary/631941
Obama Turns to Class Warfare (Townhall.com) December 19, 2011
Posted by daviddavenport in Radio Commentaries.comments closed
President Obama traveled to Kansas recently to tell Americans that inequality is “the defining issue of our time.” So with a nod to “occupy” protestors, Obama played the class card, calling for tax increases on the wealthy to fund programs for the middle class.
At one level, the President is framing the big issue of the election in his favor—that our economic problem is not government spending and deficits, but income inequality. It may not be the defining issue of our time, but he’d like it to be for his reelection.
He’s also coming down on the wrong side of the long debate in America between equality of opportunity and equality of outcome. As Alexis de Tocqueville observed in the 1800s, the French believe in equality and security whereas Americans believe in freedom.
The President says the Republican economic approach is old school, but there’s nothing older or more inappropriate than Obama’s European style socialism and class warfare.
To hear the audio please click here: http://townhall.com/talkradio/dailycommentary/630301
Public Prayer Does Not “Establish Religion” (Townhall.com) November 28, 2011
Posted by daviddavenport in Radio Commentaries.comments closed
For years, clergy have led prayers to open sessions of the U.S. Senate, the U.S. House of Representatives and the Board of Commissioners in Forsyth County, North Carolina. But according to a federal court, they can’t do that in Forsyth County anymore because it violates the Establishment Clause of the Constitution’s First Amendment.
The winds of postmodernism and diversity are trying to blow God out of the public square. Cases have challenged “under God” in the pledge of allegiance, “in God we trust” on our money, and now public prayer at county commissioner meetings.
The point of the Establishment clause was to prevent the government from establishing state religions, not to remove God from the public square entirely. Indeed, the Founders said that a free republic requires a virtuous people which, in turn, requires faith.
The case has now been appealed to the U.S. Supreme Court, where we should all hope they have a better sense of history and the Constitution.
To listen to the audio please click on the link: http://townhall.com/talkradio/dailycommentary/629229
Abandoning Austerity a Mistake (Townhall.com) May 16, 2012
Posted by daviddavenport in Radio Commentaries.comments closed
Voters in Greece and France have ousted leaders who pursued economic austerity, but why? Is it because the alternative—economic stimulus—has worked so well elsewhere? Or because they lack the patience and character to see through a program of spending cuts and debt reduction?
Ironically, two other European countries, Germany and Sweden, have pursued austerity successfully and gained stability and growth. The problem in countries like Greece and Spain—and, to some degree France—is that they started so deeply in a fiscal hole that their austerity measures were not enough.
Increasing government spending and debt has done very little for the U.S. economy short-term, and has kept a lid on long-term growth. It’s always easy to vote out leaders who administer tough medicine, but the world economy is likely to pay a high price.
To listen to the audio please click on the link: townhall.com/talkradio/dailycommentary/641292