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Bench Memos - National Review Online Bench Memos - National Review Online

Covering The Supreme Court -- from National Review Online

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Michelle Obama: Food Profiteer Turned Food Cop -- By: Michelle Malkin

Posted on May 12, 2010
Let me summarize first lady Michelle Obama?s anti-obesity agenda: Shed as I say, not as I gain. Although she crusades for organic foods and puts government pressure on corporations to stop marketing fast food and junk food to children, Mrs. Obama herself profited from the very same processed-food industry she now demonizes...


Cut Spending Today to Save Tomorrow -- By: Tony Blankley

Posted on May 12, 2010
This country is divided into three parts concerning national politics. About a third think President Obama is moving in the right direction; many of them are impatient for the president to be bolder with his leftist agenda. Somewhere in the vicinity of 40 percent to 50 percent of Americans are shocked and appalled at the nation?s rush toward bankruptcy, socialism, fundamental transformation of our way of life, and the permanent weakening and impoverishing of America...


Question Time -- By: The Editors

Posted on May 11, 2010
Short of having served as a deaconess to the Rev. Jeremiah Wright, attorney Elena Kagan could hardly better embody the values of this president: As a product of both Harvard Law and Goldman Sachs, she is something of an ideal Supreme Court selection for the Obama administration, which has reached deep into both organizations to staff Washington?s power points...


The Constitution, at Last -- By: Charles R. Kesler

Posted on May 11, 2010
Once upon a time, and not so long ago, American politics revolved around the Constitution. Until the New Deal, and in certain respects until the mid-1960s, almost every major U.S. political controversy involved, at its heart, a dispute over the interpretation of the Constitution and its principles...


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Elena Kagan Is Obama's SCOTUS Pick; Now What? -- By: NRO Symposium

Posted on May 11, 2010
So it?s Elena Kagan, then. The questions are already flying: What is the solicitor general?s judicial philosophy? Is she an ideologue? Should there be a filibuster? Perhaps most important: What questions should Republicans pose during her confirmation hearings? This is an opportunity for a national discussion of politics, law, and the Constitution; National Review Online asked the experts how this opportunity should be used...


The Moynihan Report and Ongoing Family Breakdown -- By: Rich Lowry

Posted on May 11, 2010
Editor?s note: This column is available exclusively through King Features Syndicate. For permission to reprint or excerpt this copyrighted material,  kfsreprint@hearstsc.com or phone 800-708-7311, ext. 246.How often does the Office of Policy Planning and Research of the United States Department of Labor produce anything worth reading, let alone a report that reverberates 45 years later?Such was the brilliance of Assistant Secretary of Labor Daniel Patrick Moynihan that it happened once, when he wrote his prescient 1965 report ?The Negro Family: The Case for National Action...


Accepting Israel as the Jewish State -- By: Daniel Pipes

Posted on May 11, 2010
When a major Arab state would finally sign a peace treaty with Israel, it was long assumed, the Arab-Israeli conflict would end. The Egypt-Israel peace treaty of 1979, however, buried that expectation; it had the perverse effect of making other states and also the Egyptian populace more anti-Zionist...


A 'Duty to Die'? -- By: Thomas Sowell

Posted on May 11, 2010
One of the many fashionable notions that have caught on among some of the intelligentsia is that old people have ?a duty to die? rather than become a burden to others. This is more than just an idea discussed around a seminar table. Already the government-run medical system in Britain is restricting what medications or treatments it will authorize for the elderly...


A World Without Nuclear Weapons? -- By: Mona Charen

Posted on May 11, 2010
When I was a little girl, at the height of the Cold War, I used to wish, deeply and fervently, that nuclear weapons had never been invented. An accompanying fantasy placed me at the center of world events. Just as the two superpowers were preparing to launch a devastating exchange of nuclear weapons, I would step between the two...


In Britain, a Cautionary Tale for U.S. Parties -- By: Michael Barone

Posted on May 11, 2010
London -- We Americans may have declared our independence from Britain in 1776, but there are still similar rhythms in British and American politics. Margaret Thatcher and Ronald Reagan both came to power amid the ruins of the 1970s and restored their nations? economies and spirits in the 1980s...


The Left Is Unable to Confront Evil -- By: Dennis Prager

Posted on May 11, 2010
While it cannot be proven, there is little reason to doubt that many on the left are disappointed that the Times Square bomber didn?t turn out to be the ?white male? he was originally thought to be. This allegation may be wrong, but it is made on the basis of compelling evidence...


The Wrong Nuclear Posture -- By: NRO Staff

Posted on May 10, 2010
Released on April 6, the newly issued 2010 Nuclear Posture Review (NPR) created a brief stir both for what it said and what it didn?t say. Commentators on the right were relieved that some of Pres. Barack Obama?s more extreme statements on nuclear weapons were not incorporated into the document, while those on the left were mildly disappointed that it did not significantly advance the cause of nuclear disarmament...


What Is Going on in Blighty? -- By: Andrew Stuttaford

Posted on May 10, 2010
Britain?s election has left the country?s politics in a chaotic, confused mess. With the situation in such flux, there?s a decent chance that much of what I might write now (Sunday afternoon) will be obsolete by the time that you read it. So here instead are the answers to nine questions that should be relevant for some time...


The Washington Post Talks Sense on Detention and Interrogation -- By: Andrew C. McCarthy

Posted on May 10, 2010
On Sunday, the Washington Post dropped many a jaw with a powerful editorial (?Questioning Suspected Terrorists?) that beseeched the paper?s champion, President Obama, to rethink his detention and interrogation practices. The opening passages were positively startling, taking the reality of war as a given (it has been anything but) and rebuking the administration for its consistent resort to civilian judicial processes that are not a suitable response: It has become accepted wisdom that the United States is engaged in an unconventional war against terrorist forces...


The Cultural Preconditions of American Liberty -- By: Christopher Wolfe

Posted on May 10, 2010
The oft-noted fault line of the conservative movement lies between economic conservatives and libertarians, on one hand, and social or cultural conservatives, on the other. The usual requirement for broad conservative electoral success is a ?fusion? of these two wings...


New START: Abandoning Missile Defense -- By: NRO Staff

Posted on May 10, 2010
The Obama administration is heralding the New START Treaty -- a bilateral treaty with Russia, signed on April 8 in Prague -- as a major accomplishment. But now that leading national-security experts have had time to review the pact closely, it?s starting to get a lot of criticism...


Hurricane West: Cornel West and American Radicalism -- By: David Horowitz

Posted on May 10, 2010
Rarely has our country faced a more uncertain future under more troubling circumstances. We have been attacked by an enemy who is inspired by religious hatreds and is able to strike our homeland, something no adversary has been able to accomplish in modern times...


New START: Weakening Our Security -- By: NRO Staff

Posted on May 10, 2010
Pushing for fast-track ratification of the New START agreement, Pres. Barack Obama may send the treaty to the Senate this week for its consent. The expectations are high. According to Secretary of State Hillary Clinton, New START will usher in a new era in U...


Drill, Baby, Drill: For Onshore Oil and Offshore Natural Gas -- By: Deroy Murdock

Posted on May 10, 2010
New Orleans -- From within the elegant and delicious Restaurant August at the corner of Gravier and Tchoupitoulas Streets, the City that Care Forgot is quintessentially carefree. The chandeliers glisten, the patrons glow, and the oysters with truffle spoonbread could not be more delightful...


Leading for Life -- By: Kathryn Jean Lopez

Posted on May 10, 2010
EDITOR?S NOTE: This column is available exclusively through United Media. For permission to reprint or excerpt this copyrighted material, please contact Carmen Puello at cpuello@unitedmedia.com.?Henry Hyde was one of my heroes,? House Republican leader John Boehner told a crowd on a rooftop in Washington, D...


Faisal Shahzad, Subprime Terrorist? -- By: Mark Steyn

Posted on May 08, 2010
The story of the Times Square bomber reads like some Urdu dinner-theater production of Mel Brooks?s The Producers that got lost in translation between here and Peshawar: A man sets out to produce the biggest bomb on Broadway since Dance a Little Closer closed on its opening night in 1983...


A Transatlantic Lesson for Conservatives -- By: The Editors

Posted on May 08, 2010
Thursday?s election in Britain delivered the political equivalent of a Rubik?s Cube: However you twist the result, you can?t get the colors to align neatly into a government. Neither the Conservatives, nor the Labour party, nor the Liberal Democrats can deliver a majority government on their own...


The New Despotism of Bureaucracy -- By: Matthew Spalding

Posted on May 07, 2010
The objective of the American Founding was to break free of the old despotism, characterized by the arbitrary will of the stronger, based on force and fraud, masked by the false claims of long inheritance or divine right. Virtually every government at the time was based on a claim to rule without popular consent...


Is Arizona Law Still Wrong If It Works? -- By: Jonah Goldberg

Posted on May 07, 2010
What if Arizona?s ?racial profiling? law worked perfectly?In other words, what if Arizona police were always right? What if they could take a look at someone and, using race or ethnicity as just one of many factors (no advocate of profiling has ever suggested that race be the sole criterion), could pick out illegal immigrants from the crowd every time? Would that make it okay? The reason I ask is that, to listen to opponents of the law from the president on down, the chief objection is that legal immigrants and citizens will be mistakenly singled out by law enforcement...


The Lone-Wolf Pack -- By: Rich Lowry

Posted on May 07, 2010
Editor?s note: This column is available exclusively through King Features Syndicate. For permission to reprint or excerpt this copyrighted material,  kfsreprint@hearstsc.com or phone 800-708-7311, ext. 246.Sometimes a conspiracy is a conspiracy.If it?s the first step toward madness to see connections between random events when there are none, what is it to pretend that undeniable connections don?t exist? After the failed Times Square car bombing, Homeland Security Secretary Janet Napolitano immediately opined that it was a ?one-off...


Miranda Warnings and Public Safety -- By: Charles Krauthammer

Posted on May 07, 2010
"[Law enforcement] interviewed Mr. Shahzad#...#under the public-safety exception to the Miranda rule.#...#He was eventually#...#Mirandized and continued talking." -- John Pistole, FBI deputy director, May 4 All well and good. But what if Faisal Shahzad, the confessed Times Square bomber, had stopped talking? When you tell someone he has the right to remain silent, there is a distinct possibility that he will remain silent, is there not? And then what?The authorities deserve full credit for capturing Shahzad within 54 hours...


Lessons for the U.S. in Greece's National Meltdown -- By: Mona Charen

Posted on May 07, 2010
"The President of Greece warned last night that his country stood on the brink of the abyss after three people were killed when an anti-government mob set fire to the Athens bank where they worked." -- The Times Online That ?anti-government mob,? it must be understood, consisted of civil servants, tens of thousands of whom took to the streets to protest austerity measures...


A Real Housewife of Wisconsin -- By: Kathryn Jean Lopez

Posted on May 07, 2010
The self-help aisle is generally one I?m not drawn to. Not because I don?t need help; heaven knows I do. But I know there?s no wheel-reinventing to be had. So I?m headed for classics -- spiritual and otherwise. Which is why a book like Stay Home, Stay Happy: 10 Secrets to Loving At-Home Motherhood, by Rachel Campos-Duffy -- which will wind up in the self-help section, if we?re lucky --  is so welcome...


The Go-Fly List for Terrorists -- By: Michelle Malkin

Posted on May 07, 2010
If America?s homeland-security policies were subject to truth-in-advertising laws, the ?no fly? list would be known around the world by its right and proper name: the ?go fly? list. As in: Go right ahead, jihadists, and fly our planes. All aboard, evildoers...


Weep Not for Bob Bennett -- By: The Editors

Posted on May 07, 2010
Conservative critics of Sen. Robert Bennett, a Utah Republican finishing his third term, may deprive him of his party?s nomination at a convention on Saturday. Some center-right columnists are appalled. He is one of ?the good ones,? writes one of them, ?widely respected in Washington...


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