Friday, February 13, 2009

Honoring Our Nation’s Presidents

Senator Kay Bailey Hutchison on President's Day

Capitol Comment
Feb. 13, 2009
By: Senator Kay Bailey Hutchison


Throughout Texas this coming Monday, children will enjoy a day off from school. Although the federal government honors “Washington’s Birthday” each year on the third Monday of February, Texas goes one step further by concurrently observing “Presidents’ Day,” a state holiday that celebrates all of our past Presidents.

Our forty-four presidents have included men who have been a carpenter (James Garfield), a cloth maker (Millard Fillmore), a star athlete (Gerald Ford), a launderer (Herbert Hoover), a mail room clerk (Harry Truman), a shoeshine boy (Lyndon Johnson), an insurance salesman (Warren Harding), a toymaker (Calvin Coolidge), an actor (Ronald Reagan) and a school principal (Chester Arthur). Ten presidents were farmers before reaching the White House; seven were diplomats; and twenty-six were lawyers. Their diverse perspectives strengthened the quality of our nation’s leadership and inspired foreign nations to embrace democracy.


In the nineteenth century, half a dozen presidents were born in log cabins, including one whose bicentennial we celebrate this week. Abraham Lincoln – the eloquent small town lawyer who helped set our nation on the path toward the “more perfect union” that our Founding Fathers envisioned – continues to inspire our leaders today. Former President George W. Bush chose to hang Lincoln’s portrait in the Oval Office and drew inspiration from Lincoln’s fortitude in perilous times. President Barack Obama paid tribute to his home state predecessor by retracing Lincoln’s path to the White House on a train ride from Philadelphia to Washington before his inauguration last month.

The democracy and entrepreneurial spirit at the core of our American identity have propelled our nation from a relatively small federation with fewer than four million citizens to the world’s economic and political superpower. As Americans, we can take great pride in the many individual contributions of ordinary citizens, but it is also fitting that we pay tribute to those national leaders who courageously established our freedoms during the earliest years of our nation.

George Washington, the commander of the Continental Army during the Revolutionary War, was the first of twelve generals who went on to serve as president. After refusing a royal title, he became our country’s only leader to be re-elected unanimously. As our Chief Executive, he established customs regarding interaction with Cabinet members, the negotiation of treaties, and the use of the presidential veto on legislation from Congress. He appointed our first federal judges, helped implement the American currency and banking system, and chose the location of our nation’s capital.

Our next two presidents, John Adams and Thomas Jefferson, worked together to draft the Declaration of Independence. In the White House, President Adams used his considerable diplomatic skills to avert further strife with European powers. President Jefferson enlarged our nation through the Louisiana Purchase and encouraged Lewis and Clark’s explorations of the West. Mr. Jefferson also was the first president not to powder his hair and to establish casual handshakes instead of deep bows as the preferred mode of greeting in the White House. Coincidentally, these two great men, lifelong friends and political rivals, passed away 500 miles apart on the very same day, July 4th, 1826, the fiftieth anniversary of the Declaration of Independence.

During later eras in American history, Texas contributed four outstanding presidents. General Dwight Eisenhower, who was born in Denison, ended the Korean War and built our current highway system. Lyndon Johnson, from Stonewall, championed civil rights legislation and education reform. George H. W. Bush represented the seventh district of Texas in the U.S. House of Representatives before entering the White House, where he led a successful effort to liberate Kuwait from the clutches of a tyrannical dictator. And George W. Bush brought his strong leadership from Texas’ state capital to the White House, where he protected our country after the attacks by terrorists on September 11, 2001.

Today, as our military forces fight abroad in defense of our freedom, we more fully appreciate the heroism of several of the best of our wartime presidents. I especially admire President Ronald Reagan for his steadfastness toward the end of the Cold War. His careful diplomacy with our country’s allies, combined with his firm hand with Communist leaders, helped topple oppressive dictatorships throughout Eastern Europe and the former Soviet Union. Today, many of these nations benefit from constitutions that were inspired by our own. Our Founding Fathers’ vision continues to resonate and provide hope. Let us take this opportunity to honor our presidents for their fortitude in upholding our freedoms for over 200 years.

Kay Bailey Hutchison is the senior U.S. Senator from Texas.

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Thursday, February 12, 2009

What Would Lincoln Do?

On the 200th anniversary of the birth of one of our most iconic Presidents, it's a fair question

If Honest Abe was in the Oval Office today, how would he respond to our current difficulties and social conflicts? For students of Lincoln, that question leads to some interesting conclusions, and forces some honest evaluations of the man hailed as the Great Emancipator.

Because of his 1862 Emancipation Proclamation, Lincoln is revered as the father of the Civil Rights movement, the original American standard bearer of human equality, and the lion who ended slavery. A rock-ribbed man of principal who defied popular opinion and political pressure to do the right thing.

But was he?

History can be clouded by convenience, and our desire to summarize and condense the events of the past often lead to misconceptions of the motives of the figures who shaped that past, and trivializes the circumstances they found themselves in.

To unravel the man behind the legend, and perhaps answer the question of how he would govern today, it is instructive to first look at the things Lincoln was not.

He was not an abolitionist. In fact, he held prejudices that would be scorned today, and would earn him the title of racist. In an 1862 letter responding to an editorial by the full throated abolitionist Horace Greely, Lincoln wrote

"I would save the Union....If there be those who would not save the Union, unless they could at the same time save slavery, I do not agree with them. If there be those who would not save the Union unless they could at the same time destroy slavery, I do not agree with them. My paramount object in this struggle is to save the Union, and is not either to save or to destroy slavery. If I could save the Union without freeing any slave I would do it, and if I could save it by freeing all the slaves I would do it; and if I could save it by freeing some and leaving others alone I would also do that. What I do about slavery, and the colored race, I do because I believe it helps to save the Union; and what I forbear, I forbear because I do not believe it would help to save the Union."
Lincoln didn't consider the institution of slavery itself to be his problem. Instead, he viewed it's possible expansion as a threat to northern jobs held by white men, and as the catalyst to the one issue he wouldn't concede, that of secession.

Lincoln always held that he believed in the tenet that all men were created equal, but always softened that stand by excusing slavery in some areas. In today's political jargon, we call that triangulation. In Lincoln's day, they called it fence-sitting.

Lincoln was not a believer in the concept of a small, non-intrusive federal government. Neither was he a proponent of free trade. He was admittedly a protectionist, and a blatant one. Early in his career as an Illinois legislator, Lincoln wrote
"My politics are short and sweet, like the old woman's dance. I am in favor of a national bank ... in favor of the internal improvements system and a high protective tariff."
His trade policies still today incite debate on whether they succeeded by forcing the growth of the American manufacturing base, or failed by isolating and retarding business access to wider export markets.

It can not be said that Lincoln was fiscally conservative, and he was rarely accused of protecting his tax-paying constituents in Illinois.

Shortly after his entrance into the Illinois statehouse, he led a successful effort to appropriate $12 million from taxpayers (a monstrous sum in those days) to subsidize railroad and canal-building corporations as part of his 'internal improvements' vision. The companies turned out to be disastrous investments that nearly bankrupted the state. The $12 million was squandered with almost no projects completed. Much of the money was stolen, and the taxpayers of Illinois were left to foot the bill.

But while taxpayers were left with little to show for their money, one of the corporations they created became the Illinois Central, which would later employ Lincoln for more than a decade as one its top lawyers and lobbyist. Lincoln would serve in that capacity up until his election.

His support of the railroads sat well with the movers and shakers of the Republican party of his day. The political power brokers that backed Lincoln for election included railroad barons, manufacturing magnates and Yankee bankers. As a group, they backed not only a transcontinental railroad, but the creation of a central banking system as well. In 1860, they hand-picked Lincoln to carry the water on those goals.

Senator John Sherman of Ohio, chairman of the U.S Senate Finance Committee during the Lincoln administration, said of Lincoln's nomination and election
"Those who elected Mr. Lincoln expect him to secure to free labor its just right to the Territories of the United States; to protect ... by wise revenue laws, the labor of our people; to secure the public lands to actual settlers; to develop the internal resources of the country by opening new means of communication between the Atlantic and Pacific."
By 'free' labor, of course, Sherman meant white labor. And 'wise revenue' laws was 1860's code for high trade tariffs. And while Lincoln would gain revered status as a proponent of the equality of slaves, he was no friend to the Indian tribes. When Sherman said Lincoln was expected to secure the land to 'actual settlers', he meant using the army to drive Native Americans off of it.

Despite popular folklore, Lincoln wasn't a simple country lawyer, nor was he a backwoods bumpkin. In his book Lincoln and the Railroads, noted historian John W. Starr, Jr. tells of a scheme Lincoln participated in to inflate legal fees that the Illinois Central paid him.

After Lincoln had successfully defended the company against McLean County, Illinois, which wanted to tax the corporation, he submitted an incredibly high bill of $5,000 to George B. McClellan, the vice president of the Illinois Central. The ruse used by Lincoln and McClellan to trick the company's board of directors to go along with the fee went like this:

McClellan formally refused to pay the large fee, making the board happy. Lincoln then sued the company for the fee. When Lincoln went to court over the fee, no lawyers for the company showed up, and Lincoln won by default. As proof of the deception, Starr points out that Lincoln continued to handle the company's legal work after the suit had been decided, just the same as he always had.

Lincoln was not a strict Constitutionalist, at least not in the light of secession. As noted correctly by Thomas J. DiLorenzo, author of The Real Lincoln, Lincoln did not inherit a 'perpetual union'.
The union of the founding fathers was a voluntary compact of the states. The states delegated certain powers to the central government as their agent, but retained sovereignty for themselves. Secession was considered a legitimate option by political and opinion leaders from all sections of the country in 1860.
Lincoln himself said much the same thing in 1848:
"Any people anywhere, being inclined and having the power, have the right to rise up and shake off the existing government, and form a new one that suits them better."
But in the popular drumbeat leading up to the war, Lincoln appears to have forgotten his earlier beliefs, asserting time and again that he was "saving the union".

Lincoln was not a dreamer or an idealist. He was pragmatist who would have been satisfied with limiting the practice of slavery to the Southern states. He married into a slave-owning family, and up until secession, his opposition to slavery had been only to restrict it's spread into the Northern and Western states.

He maintained that the Constitution did not give the federal government the power to abolish slavery in those states where it already existed. In his 1860 inaugural address, he said:
"I have no purpose, directly or indirectly, to interfere with the institution of slavery in the states where it exists. I believe I have no lawful right to do so, and I have no inclination to do so."
His position mirrored that of the Republican Party's moderate wing, leaving Greely and the 'Radical Republicans' to call for outright abolition.

Despite his accommodating position to Slave Power states, his election became the flash point for their secession the very next year. And here is where popular history again fails to explore the circumstances.

Lincoln had just promised to leave slavery in the southern states undisturbed. He was even backing an amendment that would guarantee the legality of the practice in those states forever. Why then, would the south chose to secede?

The answer is tariffs. Where Lincoln was willing to concede the issue of slavery, he was unbending on raising and collecting taxes. The Republicans, to support their railroad ambitions, were about to increase tariff rates from 15 percent to over 47 percent.

In other less noted, but highly inflammatory comments during his address, Lincoln ominously stated that it was his obligation as president to
"collect the duties and imposts,"
saying beyond that
"there will be no invasion of any state."
The clear message to the south was if they did not collect the higher tariffs, which would almost surely bankrupt the agricultural base there, then the government would invade under force of arms.

It was a shot across the bows of South Carolina, who had nullified the 1828 "Tariff of Abominations", and had faced the federal government down over the issue. Lincoln might have been picking a fight, but it was not over emancipation. And while the issue of slavery dominated contemporary editorial pages and tea party conversation, what sparked secession and started the Civil War was taxation.

Even the Emancipation Proclamation, issued in 1862, looks less noble when one remembers two points.

First, the proclamation was a coercive military measure designed to deprive the Confederacy of slave labor and bring additional men into the Union Army. It was not a sweeping end to slavery.

It did not free any slaves in the Union border states (Kentucky, Missouri, Maryland, Delaware, and West Virginia), nor did it free slaves in any southern state (or part of a state) already under Union control.

In fact, it would not have freed any slaves at all had the southern states returned to Union control by the 1863 deadline. It was intended by Lincoln solely to bring the Confederate States back into the Union and had the Confederates folded their tents and paid their taxes, slavery would still have been tolerated.

Second, it wasn't Lincoln's plan to simply turn freed slaves loose to wander the country in search of opportunity.

Since the 1840's, Lincoln had been an advocate of Colonization, a plan to ship freed slaves off to live in colonies in Liberia, in much the same way Native Americans would soon be relegated to reservations.

As early as 1854, in a speech in Peoria, Illinois, Lincoln advocated the policy, but acknowledged the logistical difficulties in bringing it about:
"My first impulse would be to free all the slaves, and send them to Liberia, to their own native land. But a moment’s reflection would convince me that whatever of high hope there may be in this, in the long run, its sudden execution is impossible."
Lincoln continued to support colonization through most of his presidency, going so far as to appoint James Mitchell in 1861 as his Commissioner of Emigration to oversee colonization projects. Between 1861 and 1862, Lincoln actively negotiated contracts with businessmen to colonize freed blacks to Panama and to a small island off the coast of Haiti.

The Haiti plan was scrapped in 1863 after fraud by the agents responsible for the plan forced Lincoln to send ships to retrieve the colonists, and the much larger Panamanian plan collapsed in 1863 after the government of Colombia backed out of the deal.

Finally, rounding out the list of things Lincoln was not, he was not a civil rights activist, and was not above ignoring civil liberties when it suited his purposes. Besides his plan to forcibly relocate freed slaves, there are the minor scrapes he had with the Supreme Court and the Fourth Estate to consider.

In 1862, just as the war was starting in earnest, a group of Democrats, known as the Copperheads, proposed a truce with the South, and advocated calling a constitutional convention to amend the U.S. Constitution to protect States' rights.

Neither Lincoln nor Jefferson took the idea seriously, and the movement foundered. But the Copperheads began to publicly criticize Lincoln's belief that violating the U.S. Constitution was required to save the union.

With Congress not yet in session, Lincoln took an unprecedented step that today would defy belief. He assumed all powers not delegated in the Constitution, and suspended habeas corpus throughout the nation.

And then, in an egregious violation of free speech that popular history overlooks, Lincoln moved swiftly to silence his opposition. He ordered 13,000 Copperheads and other protesters placed under military arrest, believing that Northern civil courts would not convict the influential war protesters. Among those arrested was John Merryman, a Maryland Secessionist.

Justice Roger B. Taney, Chief Justice of the United States Supreme Court, immediately issued a writ of habeas corpus, commanding the military to bring Merryman before him. The union army ignored the writ. Taney, in Ex parte MERRYMAN, then ruled that Lincoln's suspension of habeas corpus was unconstitutional, saying the writ could not be suspended without an Act of Congress.

Lincoln, along with the military, ignored the ruling as well. It would be 1866, after the war was over and Lincoln had been assassinated, before the Supreme Court restored habeas corpus in Ex-parte Milligan, ruling that military trials in areas where the civil courts were capable of functioning were illegal.

Lincoln ran afoul of free speech again in 1864, this time trampling the freedom of the press as well. Tibor Machan of the Cato Institute, addressing Lincoln's propensity to bend civil rights out of the way when it suited him, recently noted
"...Lincoln has a blemished record of following the ideal of free government in his political life, as when he issued on May 18, 1864, the following order: "You will take possession by military force of the printing establishments of the New York World and Journal of Commerce ... and prohibit any further publication thereof.... You are therefore commanded forthwith to arrest and imprison ... the editors, proprietors and publishers of the aforementioned newspapers."

Armed with these facts, and with a fresh appreciation of the concessionary and supple approach that Lincoln took towards matters of principle throughout his career, we can now proceed to rip him from the library, and place him in modern day Washington, DC.

Since we know our 16th President wasn't allergic to taxing and spending, and that he favored federal involvement in state infrastructure projects, we can assume that he would solidly back the Obama administration's current plans to create jobs by pouring taxpayer dollars into infrastructure projects.

But, since most of public works that Lincoln supported ultimately befitted deep-pocket businessmen, we would guess that he would look more favorably on projects that would enhance business and trade, rather than social or cultural efforts. With that, we would have to say that ACORN would not see a penny from the Lincoln Administration.

And owing to his penchant for backing business interest and dependence on American goods, we can rest assured that Lincoln would take up the "Drill, baby, drill" chant.

We know also that he would share President Obama's tilt in favor of protectionism, and would look favorably on efforts to renew the 'Buy American' restrictions. We can even suppose that he would go several steps farther, recommending import tariffs and urging a withdrawal from the North American Free Trade Agreement on the day he took office.

Lincoln would tackle the illegal immigration problem swiftly, reaching back to the colonization concept for his answer. We can imagine a solid line of buses heading south, while an approving Lincoln marveled at how modern technology solves so many logistical problems.

In light of the fact that Lincoln was a devout man, given to frequent prayer, we can guess that gay marriage proponents would find him less than helpful. But he might assume the same stance he did toward slavery, and be willing to tolerate the institution as long as it didn't spread north of the closet.

Lastly, Rush Limbaugh and Sean Hannity would probably be crushed to find Lincoln in Obama's corner when it came to reestablishing the Fairness Doctrine. Lincoln didn't tolerate a vocal opposition well, and what better way to silence protest than to force media outlets to adopt business practices that guarantee their extinction?

To sum things up, Lincoln bore very little resemblance to the Reagan model of Republicans, and would probably find most of the plans of the Obama administration much to his liking.

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Wednesday, February 11, 2009

Washington's Kitchen Table Is Broken

Campaign rhetoric about kitchen table solutions largely forgotten in the rush to impoverishment

Just a few months ago, politicians of all stripes, running on the national level, were reminding voters what it was like to face tough problems, and calling to mind those tough decisions we the people frequently face at the proverbial kitchen table.

We were assured by each and every one of those earnest would-be public servants that if elected, they would be the ones we could count on to make common sense choices that we ourselves would make.

With those assurances in mind, let's look at the decisions many working folk now face, and compare them to the choices being made in our Capitol.


Let's suppose that we run a small business that has fallen on hard times. Profits are down, bills are piling up and the short term market for our services doesn't look all that bright.

The solution for most of us might be to take a hard look at our business, and discontinue services that weren't profitable. To attract new business, we might reduce the profit margin on services that were making money. We could sell off some assets, cut cost everywhere possible, and even, as a last resort, reduce payroll by cutting hours or jobs.

Hard choices, yes, and painful for small business owners who think of employees as friends and family. But those are the choices that reality gives us, and those are the ones we make.

But in Washington, they see a different set of options.

Their answer to mounting debt and blatant evidence of program failures is to borrow money and increase funding to those programs. Further, since the credit is so easy to find, they're going to introduce a few new programs modeled after the ones that don't work.

The spending bill that is being rushed through Congress right now, is tantamount to an ailing small business borrowing money to replace the office carpet and pave the driveway. It just doesn't make sense.

What's worse, if that business manages to keep the doors open, the debt will come back to haunt it, crippling it's competitiveness in the near future.

What is needed now is some real kitchen table logic. What would work are tax cuts and construction incentives to get productive money flowing from the private sector toward projects that promise a profit.

The free market is not evil. Left to it's own devices, without government interference, it is inherently successful. Laws and proper regulation are needed to prevent abuses by those who won't play fair, but programs that attempt to warp capitalism into some sort of social program cause upsets in the basic motive, and retard the entire system.

Rather than building a larger safety net that insures more people will fall into it, let's build pipelines and refineries that would reduce our dependence on foreign oil. Instead of shelving exploration and drilling programs, let's move regulatory roadblocks out of the way, and let those programs flourish.

Infrastructure? Yes, we should modernize that. But let's not call museums and dog parks 'infrastructure'. Instead, give that tag to power lines, communication pathways and high speed railways aimed at moving freight. All generate long term jobs, and all attract private investors looking for future profits.

If Washington insists on spending money we don't have, it should be spent on strengthening control of our southern border, thereby reducing illegal immigration that costs us billions in lost taxes and provided services each year. Instead of hiring more government bureaucrats, hire agents and technologies that make enforcing our immigration laws feasible.

Education, too, could be changed to attract private investment. Vocational training at the high school level would give graduates who don't attend college the chance to move into good paying jobs, and provide industry with a much needed infusion of young, skilled workers.

In short, let's do in Washington what we would do at home. Make sense.

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Monday, February 9, 2009

What To Do About Dating Violence

Dating violence isn't something you have to live with

By: Texas Attorney General Greg Abbott

Dating violence is far too common among teenagers across the nation. According to a recent survey, one in five teens who have been in a serious relationship say they have been hit, slapped or pushed by their partner. Even more disturbing: 30 percent of all murders involving females ages 15 to 19 are committed by their romantic interest.

This month, the Office of Attorney General (OAG) is joining with crime victim advocates across the country to observe the fourth annual National Teen Dating Violence Awareness and Prevention Week. The week-long observance is intended to educate teens about the differences between healthy and unhealthy relationships. It is also intended to help adults and teens recognize when a friend or loved one is being abused.


The National Teen Dating Abuse Helpline provides many tips for recognizing and responding to teen dating violence, as does its Web site, www.loveisrespect.org. Abuse most likely exists if teens’ dating partners:
* Look at them or act in ways that scare them
* Seem jealous or possessive
* Criticize them
* Try to control where they go, what they wear or what they do
* Text or IM them excessively
* Threaten to kill or hurt themselves or their partners if they leave
* Try to stop them from seeing or talking to friends and family
* Hit, slap, push or kick them

Young Texans who find themselves in abusive relationships should first consider talking to a friend or an adult about the situation. Anyone who does not feel safe should avoid being alone with their boyfriend or girlfriend.

Teenagers who have witnessed or experienced potential dating violence are encouraged to call the National Teen Dating Abuse Helpline at (866) 331-9474. The helpline offers real-time, one-on-one support 24 hours a day. Through the helpline, trained volunteers advise teenagers to recognize unhealthy behavior and explain how to leave abusive relationships in the safest way possible.

Parental involvement can be a powerful tool that prevents teen dating violence. By talking with their teenage children and staying aware of developments in their child’s life, parents can show that they care – and are approachable when problems arise. Setting boundaries and simultaneously entrusting kids to conduct themselves responsibly may feel like a balancing act, but it can really help protect teens from harmful relationships.

The OAG has long been involved in the fight against domestic violence. Recently, the OAG joined the Texas Council on Family Violence to launch the “LOVE” campaign, which was created to heighten public awareness about teen dating violence.

The OAG Web site, www.texasattorneygeneral.gov, contains information about victims’ rights, protective orders, and the OAG’s Address Confidentiality Program, which provides a post office box and mail forwarding at no charge to victims who want to prevent an abuser from knowing where to find them. Abuse victims seeking information about the OAG’s Crime Victims’ Compensation Program, which reimburses out-of-pocket expenses to victims of violent crime and their families, can also find it on the Web site.

All Texans have the right to live violence-free lives, but some may need help getting out of violent relationships. The OAG is committed to working with victim groups and others to ensure that Texas teenagers have access to the resources they need to end a dangerous or harmful relationship.


Attorney General Greg Abbott was reelected as the 50th Attorney General of Texas on November 7, 2006. Prior to his election as attorney general, Greg Abbott served as a Justice on the Texas Supreme Court and as a State District Judge in Harris County.

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