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JOHN R.BOLTON & JOHN YOO: RESISTING LAWLESS TREATIES
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www.nationalreview.com
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Contents
DECEMBER 31, 2014 | VOLUME LXVI, NO. 24 | www.nationalreview.com MERRY
CHRISTMAS
ON THE COVER Page 28
To Carry the Fire
The End is always nigh, but it seems BOOKS, ARTS
to be more nigh than usual of late. & MANNERS
So say the novelists, who have
40 GETTING TO BRUSSELS
recently inundated the mainstream
John Fonte reviews Political Order
literary market with fiction of the and Political Decay: From the
Industrial Revolution to the
post-apocalyptic type. Ian Tuttle Globalization of Democracy,
by Francis Fukuyama.
COVER: ISTOCK/EVERLITE
42 ROOTS OF A TYRANT
James Schneider reviews Stalin—
ARTICLES
volume 1, Paradoxes of Power,
16
AGAINST SECRET POLICE by Kevin D. Williamson 1878–1928, by Stephen Kotkin.
The presumption should be in favor of transparency.
43 WRITING THE COATTAILS
19
WHERE YOU ARE AND WHAT YOU SAY by Jay Nordlinger Andrew Stuttaford reviews
Rand Paul and his ‘audacious outreach.’ The Churchill Factor: How
21 One Man Made History,
FOLLIES OF THE FIFTH REPUBLIC by Robert Herritt by Boris Johnson.
France’s political culture is even more maddening than ours.
24 47 THE GREAT CALVINIST
THE RED-LIGHT DISTRICT by John J. Miller
AMERICAN NOVEL
At too many intersections, there are cameras of ill repute.
Randy Boyagoda reviews Lila,
26
BEFORE YOU SAY NO . . . by Aloïse Buckley Heath by Marilynne Robinson.
A correspondence, nonfictional, between a young boy, a housewife,
49 HOPE FOR AMERICA
a headmaster, and the young boy’s brother.
Peter Tonguette reviews Hope:
Entertainer of the Century,
by Richard Zoglin.
FEATURES
28 TO CARRY THE FIRE by Ian Tuttle 51 FILM: THE LADY PREVAILS
Post-apocalyptic fiction teaches us to remember and preserve the past. Ross Douthat reviews Wild.
31
ON A LARC by Robert VerBruggen
Long-acting reversible contraception deserves tentative conservative support.
SECTIONS
34
ADVICE ON ‘ADVICE AND CONSENT’ by John R. Bolton & John Yoo
Congress can resist presidential departures from the Constitution’s 2 Letters to the Editor
treaty requirement. 4 The Week
36 38 The Long View . . . . . . . Rob Long
JUSTICE OF THE PEOPLE, BY THE PEOPLE, FOR THE PEOPLE 39 Athwart . . . . . . . . . . . James Lileks
by Stephanos Bibas & Richard A. Bierschbach
48 Poetry . . . . . . . . . . . . Sally Cook
Communities should tailor criminal law to suit their needs.
52 Happy Warrior . . . David Harsanyi
NATioNALReview(iSSN: 0028-0038) is published bi-weekly, except for the first issue in January, by NATioNALReview, inc., at 215 Lexington Avenue, New York, N.Y. 10016. Periodicals postage paid at New York, N.Y., and
additional mailing offices. ©National Review, inc., 2014. Address all editorial mail, manuscripts, letters to the editor, etc., to editorial Dept., NATioNALReview, 215 Lexington Avenue, New York, N.Y. 10016. Address all
subscription mail orders, changes of address, undeliverable copies, etc., to NATioNALReview, Circulation Dept., P. o. Box 433015, Palm Coast, Fla. 32143-3015; phone, 386-246-0118, Monday–Friday, 8:00 A.M.to 10:30 P.M.eastern
time. Adjustment requests should be accompanied by a current mailing label or facsimile. Direct classified advertising inquiries to: Classifieds Dept., NATioNALReview, 215 Lexington Avenue, New York, N.Y. 10016 or call 212-679-
7330. PoSTMASTeR: Send address changes to NATioNALReview, Circulation Dept., P. o. Box 433015, Palm Coast, Fla. 32143-3015. Printed in the U.S.A. RATeS: $59.00 a year (24 issues). Add $21.50 for Canada and other
foreign subscriptions, per year. (All payments in U.S. currency.) The editors cannot be responsible for unsolicited manuscripts or artwork unless return postage or, better, a stamped, self-addressed envelope is enclosed. opinions
expressed in signed articles do not necessarily represent the views of the editors.
letters:QXP-1127940387.qxp 12/17/2014 12:43 PM Page 2
Letters
DECEMBER31ISSUE; PRINTEDDECEMBER18
EDITOR
Richard Lowry Fellow Heroes
Senior Editors
Richard Brookhiser / Jonah Goldberg / Jay Nordlinger
Ramesh Ponnuru / David Pryce-Jones I read with great pleasure your piece in “The Week” (December 8) regarding
Managing EditorJason Lee Steorts
Literary Editor Michael Potemra the long-overdue awarding of the Medal of Honor to Lieutenant Alonzo
Vice President, Editorial Operations Christopher McEvoy
Washington Editor Eliana Johnson Cushing. However, I feel called upon to question one aspect of your other-
Executive Editor Reihan Salam
Roving Correspondent Kevin D. Williamson wise excellent piece. Lieutenant Cushing may not actually have threatened to
National Correspondent John J. Miller shoot any man who retreated from his unit’s position during the Battle of
Art DirectorLuba Kolomytseva
Deputy Managing Editors Gettysburg. In the first place, such an act would have been totally alien to
Katherine Connell / Nicholas Frankovich / Fred Schwarz
Production EditorKatie Hosmer Lieutenant Cushing’s gentle character, and in the second place, such a threat
Assistant to the EditorCarol Anne Kemp
Research AssociateAlessandra Haynes would not have been needed. My great-grandfather, Sergeant Frederich Füger,
Contributing Editors who took over the battery upon Cushing’s death, and who later guarded
Shannen Coffin / Ross Douthat / Roman Genn
Jim Geraghty / Florence King / Lawrence Kudlow Cushing’s body until Cushing’s brother Milton arrived to deliver it to West
Mark R. Levin / Yuval Levin / Rob Long
Point, described his commander as follows: “He was a most able soldier, a man
Mario Loyola / Jim Manzi / Andrew C. McCarthy
Kate O’Beirne / Andrew Stuttaford / Robert VerBruggen of excellent judgment, and great decision of character; he was most faithful in
NATIONAL REVIEW ONLINE the discharge of every duty, possessed of mental and physical vigor, joined to the
Editor-at-LargeKathryn Jean Lopez
Managing EditorEdward John Craig kindest of hearts; he commanded the love and respect of all who knew him.”
News EditorTim Cavanaugh
Opinion Editor Patrick Brennan Thank you again for your acknowledgment of Lieutenant Cushing and his
National-Affairs ColumnistJohn Fund
Staff Writer Charles C. W. Cooke heroism on July 3, 1863.
Political Reporter Joel Gehrke John G. Northgraves
Reporters
Andrew Johnson / Katherine Timpf Millis, Mass.
Associate Editors
Molly Powell / Nat Brown
Editorial Associates
Brendan Bordelon / Christine Sisto THe eDITorS rePLy: Thank you for the explanation, Mr. Northgraves. As
Technical ServicesRussell Jenkins you know, many accounts of the Battle of Gettysburg repeat the story of
Web Developer Wendy Weihs
Web Producer Scott McKim Lieutenant Cushing’s shouted threat, but at this point there is no way to de -
EDITORS-AT-LARGE termine what may have been said on a thunderous and chaotic battlefield a
Linda Bridges / John O’Sullivan
century and a half ago. What is not even remotely in doubt, however, is
NATIONAL REVIEW INSTITUTE
BUCKLEY FELLOWS IN POLITICAL JOURNALISM Cushing’s bravery and dedication to the Union, and the justice of his finally
Ryan Lovelace / Ian Tuttle
Contributors joining your great-grandfather on the roll of recipients of our nation’s highest
Hadley Arkes / Baloo / James Bowman
military honor.
Eliot A. Cohen / Dinesh D’Souza
M. Stanton Evans / Chester E. Finn Jr.
Neal B. Freeman / James Gardner
David Gelernter / George Gilder / Jeffrey Hart
Kevin A. Hassett / Charles R. Kesler A Kinder, Gentler Intelligence
David Klinghoffer / Anthony Lejeune
D. Keith Mano / Michael Novak
Alan Reynolds / Tracy Lee Simmons To Ian Tuttle’s spot-on observations about the Left’s love affair with intellect,
Terry Teachout / Vin Weber especially its own (“The IQ Cult,” December 8), I would add that our per -
Chief Financial OfficerJames X. Kilbridge
Accounting ManagerGalina Veygman ception of a person’s intelligence tends to be inversely proportional to our per-
Accountant Zofia Baraniak
ception of his niceness or warmth. In the United States, that dynamic is
Business Services
Alex Batey / Alan Chiu correlated with regional accents: Southerners, or at least those who speak like
Circulation ManagerJason Ng
WORLDWIDEWEBwww.nationalreview.com southerners, are felt to be “nicer” than those who speak like northerners, but
MAINNUMBER212-679-7330
SUBSCRIPTIONINQUIRIES386-246-0118 northerners are felt to be “smarter” and “in charge,” according to a recent
WASHINGTONOFFICE202-543-9226 study.
ADVERTISINGSALES212-679-7330
Executive Publisher Scott F. Budd Candidates for public office need to balance the two dimensions, perceived
Advertising DirectorJim Fowler
Advertising ManagerKevin Longstreet intelligence and perceived warmth. A low-information politician can always
Assistant to the PublisherEmily Gray
educate himself, but it’s harder for a cold fish to transform himself into a
Director of Philanthropy and CampaignsScott Lange
Associate PublisherPaul Olivett teddy bear, though he might begin with a dash of self-deprecating humor.
Director of DevelopmentHeyward Smith
Director of RevenueErik Netcher When asked about the plight of the intellectual in politics, Adlai Stevenson
Vice President, CommunicationsAmy K. Mitchell
admitted that “via ovicapitum dura est.”
PUBLISHER
Jack Fowler Duane Sims
CHAIRMAN Mount Pleasant, S.C.
John Hillen
CHAIRMAN EMERITUS
Thomas L. Rhodes
FOUNDER Letters may be subm itted by e-mail to [email protected].
William F. Buckley Jr.
2 | www.nationalreview.com DECEMBER 31, 2014
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The Week
nThink about it from Jeb’s perspective: Would you want to be
the only Bush who doesn’t get to be president?
nAn armed Islamic radical took hostages in a café in central
Sydney; after a day-long standoff, he was killed by police. Two
hostages also died. The hostage taker was no stranger to crime.
An Iranian who had been given asylum in Australia in 1996, he
had been convicted in 2012 of sending Westboro Baptist–style
hate mail to the families of dead Australian soldiers. He was on
bail for being an accessory in the murder of his ex-wife, and he
faced 40 charges of sexual and indecent assault. Authorities
hast ened to say that he acted on his own. But so these days does
many a terrorist. Australia’s intact self-confidence and its immi-
gration control will serve it well in coming years.
nWith the federal government set to run out of funding in the
middle of December, Republican and Democratic leaders in
Congress managed to pass a bill that almost no one liked. The
legislation will fund most of the federal government through
the end of next September and the Department of Homeland
Security just through February. There are some welcome details
in the bill—a prohibition on taxpayer dollars’ being spent to
bail out Obamacare insurers, for instance—but it was nonethe-
less a mistake. The party that easily won control of Congress
last month now won’t get to set spending for another nine nDuring this fight, Warren got a free pass from those who in
months. And it has punted instead of taking an early opportuni- other contexts are quick to scry threats to shut down the govern-
ty to refuse complicity in President Obama’s unconstitutional ment. What the gods (liberal Democrats) can threaten, swine
immigration policy. There were other options: As the bill near- (conservative Republicans) may not. She also got queries about
ly collapsed under attacks from the left and the right, it looked her ambitions: Although she told NPR “I’m not running for pres-
like all parties would have been willing to pass a short-term ident,” NPR noted that her demurral was in the present tense
funding bill, allowing Republicans to assert themselves in the only. Warren and her supporters would be foolish not to consid-
spring. But Republican leaders have not given many indications er a run. Hillary Clinton has several liabilities (including her and
that asserting their party’s positions on the budget is a high her husband’s addiction to promiscuous fundraising), and War -
priority. ren would be equally historic, i.e., female. The left wing of the
Democratic party—what other wing is there?—could be dark
nSenator Elizabeth Warren (D., Mass.) used the government- and bloody ground.
funding debate to reinforce the impression that she is more in -
terested in sound bites than sound policy. She, joined by House nA district court has concluded that President Obama’s immi-
liberals, threatened to derail the proposed bill because it repealed gration order rewrites the law and is thus unconstitutional. Among
a piece of the Dodd-Frank financial-regulation legislation. But those who appear to agree with this premise is the president him-
it’s a very small piece indeed, and one of dubious merit. It forced self. Taking questions at Nashville’s Casa Azafrán community
banks to “push out” trading of certain kinds of derivatives to center in early December, he reassured an audience member that,
subsidiaries that don’t have federal deposit insurance. Warren, because of the Department of Homeland Security’s reshuffled
and even some conservatives, presented this regulation as a immigration-enforcement priorities, “at the top are criminals, peo-
commonsense way to prevent banks from making “risky bets” ple who pose a threat, and at the bottom are ordinary people who
with “taxpayer money.” That’s a complete misstatement of the are otherwise law-abiding. And what we’re saying, essentially, is
rule’s content and effects, but it was an appealing fight for in that low-priority list, you won’t be a priority for deportation.
Warren to pick. Wall Street wants to start dismantling Dodd- You’re not going to be deported. We’re not going to keep on sep-
Frank—not the worst idea we’ve heard from downtown—and arating families.” The comment comes shortly after the president
GENN Wselavrreesn i ann tdh oet hpeors lti-bOebraalms wa aenrta .t oT shtaisr t smkiarkminisgh a, ninam weh fiocrh t hWemal-l thoaldd ian h feacckt l“ecrh iann Cghedic tahgeo l tahwa.t”, cWoneltlr,a irty’s t oal pwraeyvsio euass iaesrs utor abnec feosr, thhe-
OMAN Street triumphed, certainly won’t be their last. right when you think you’ll get away with it.
R
4 | www.nationalreview.com DECEMBER 31, 2014
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THE WEEK
nRepresentative Bill Cassidy (R., La.) won a convincing vic- table and raped for hours on the resultant bed of glass shards, and
tory over three-term senator Mary Landrieu, giving the Re pub - to have been dissuaded from reporting the crime by the concerns
li cans a 54th seat in next year’s Senate. Commentators of friends who, if Rolling­Stoneis to be believed, acted with de -
noted that Democrats had gone praved indifference to her plight. The magazine’s defenders are
nearly extinct in the South. laboring to switch the subject from the particulars of the story to
As Sean Trende explained at the greater good of raising consciousness. That they have done,
Real­Clear­Politics, though, this at least concerning journalistic malpractice.
trend followed the prior near-
extinction of the conservative nLena Dunham, television writer and feminist activist, went to
southern Democrat. Even ten Oberlin College with a young Republican named Barry. She
years ago, southern Dem o crats later wrote a memoir in which she claimed to have been raped at
—Landrieu included—bucked Oberlin College by a young Republican named Barry. Oberlin is
their party more often. In the not exactly thick with Republicans, there having been precisely
Obama years, they have fre- one of them named Barry at the college during Dunham’s time.
quently felt obliged to stand The man in question told NATIONALREVIEWthat he has never
with a liberal national party. so much as met Dunham, and he has hired a lawyer to help him
They can ponder that choice in clear his name, something that got the attention of the litigious
Bill Cassidy retirement. Dunham (who has in recent memory threatened to sue Gawker
and Truth­Revolt) and her publisher, Random House. Dunham
nOur economy, at long last, appears to be gathering strength. claims that her choice of the name “Barry” was without malice,
Job growth and industrial production are up, oil prices are but that is a coincidence beyond believing, which is not helped
down, and inflation remains subdued. This has happened with- by the fact that her memoir notes in other instances that names
out much real help from Washington, and indeed policy has have been changed, but not in this one. For the record, Lena
been counterproductive overall, creating new obstacles to the Dunham wrote that she was raped by an Oberlin Republican
creation of jobs and wealth. Conservatives will naturally fear named Barry and now says that she was not raped by an Oberlin
that the good news, if it lasts, will redound to the undeserved Republican named Barry. At least she didn’t take her story to
credit of President Obama and the Democrats. They should, Rolling­Stone.
however, have room to make the case that better policies would
have made for a stronger and earlier recovery and would still nThe University of California at Irvine is offering students grief
have a positive effect. At the same time, the Left’s resentment- counseling to help them cope with the trauma of the shooting of
based take on matters economic may lose some of its appeal. Michael Brown in Ferguson, Mo., 1,832 miles away. MSNBC
So: Rejoice, and prepare. will have to offer Chris Hayes the same service when the story
fades away.
nAfter Jonathan Gruber became radioactive, Democrats, and
their pliant media factota, began trying to minimize his role in nWith both chambers of Congress, Republicans have the power
the writing of Obamacare, with Jonathan Chait of New­York to appoint a new director of the Congressional Budget Office.
insisting that the professor “played no direct role in writing the Some of them, however, do not want to exercise the power. They
law.” Gruber himself told Representative Cynthia Lummis (R., say that the current director, Democrat Doug Elmendorf, is a
Wyo.): “I didn’t draft the legislation.” And then more videos straight shooter and that when he provides evidence against lib-
were discovered, in which Gruber said of the ACA: “I helped eral orthodoxy—as when the CBO said that hiking the minimum
write it. . . . I was involved in writing the legislation.” In 2012, wage would suppress job growth—his party affiliation gives it
the New­York­Timesreported that Gruber was being dispatched extra weight. Other Republicans say Elmendorf has been too
“to Capitol Hill to help Congressional staff members draft the favorable toward liberal legislation, particularly the health-care
specifics of the legislation.” After all this time, the Democrats law. They want a director who will push the agency to adopt
are still banking on—how did Gruber phrase it?—“the stupidity “dynamic scoring” that reduces the estimated impact of tax cuts
of the American voter.” on the budget by taking account of how they can boost econom-
ic growth. Dynamic scoring is a good idea, but conservatives are
nWhen Sabrina Rubin Erdely was commissioned by Rolling fooling themselves if they think that it will change the numbers
Stoneto write an article on rape, she did not start where rape is a great deal over the ten-year time frames the CBO considers:
likely to happen (jails, single-mother homes) but at the places Tax cuts will not perk up the economy that much. What might
that resonate with Rolling­Stone’s perpetually adolescent reader- make a difference is if the CBO took on a different role: assist-
ship: college campuses. Finding no gonzo rape at Harvard or ing in the creation of a model, available for anyone’s use, of the
Yale, Erdely targeted the University of Virginia: her rape safety impact of public policies on the budget. That way all of the as -
school. She insisted that the rape happen at a fraternity party and sumptions used to generate estimates would be open for inspec-
that it be monstrous, irrespective of whether there had in fact tion and debate. This new CBO would be more helpful and less
been a monstrous rape at a UVA fraternity party. Erdely con- oracular—and, of course, would have a new director.
/THRELKELDAP tnoyef cbhtreeordt sh wteorirt wyh a“hbJoao tcuuktri nbes,e” io nwugth lnoeo dht aitnos t tbooe lald ob anrtgu l tetaoal sagt afthrnargte erera ndpiietsy tb,i nyoc rat p vfrreoarbtse airobnnliys- innsGuoravnecren ocro Amnpdarnewie sC iuno mthoe (sDta.t,e N s.Yha.)l lh caos visesru tehde a e fxiapte tnhsaet aolfl
SCOTT to exist. Jackie claimed to have been propelled through a glass what used to be called sex-change operations (the procedure
6 | www.nationalreview.com DECEMBER 31, 2014
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THE WEEK
has been rechristened “gender-confirmation surgery”). Pre - There is a great deal of that kind of thinking when it comes to
viously, insurers had declined to subsidize some procedures, this issue: The American Psychiatric Association renamed
e.g., the elective amputation of healthy breasts, on the grounds what had been “gender-identity disorder” “gender dysphoria,”
that they are cosmetic, which they are by definition. Governor in order to remove the stigma of the word “disorder” from its
Cuomo’s sex-change fiat means that cosmetic procedures are entry . . . in the Diagnostic and Statistical Manual of Mental
not cosmetic if the governor of New York desires that it be so. Disorders. Why list it there at all? So that Governor Cuomo
Are the Police Biased?
I N the wake of the deaths of Michael Brown and Eric deaths unrelated to a violent crime, it would show up in
Garner, massive street protests over the perceived this chart, because it would take fewer crimes to induce
racial bias of our police have spread across the coun- one statistical death. If police were more likely to respond
try. That perception reflects the unquestioned fact that to a violent crime with excessive force, it would show up
African Americans are more likely to be targets of ex - in this chart as well. But in the chart, police appear to be
treme police actions. treating the races the same.
But understanding the relationship between African- The series does diverge at the end of the sample. If that
American communities and law enforcement requires a trend continues when more data become available, it
deeper analysis than a single headline, or, in the case of could be an indication that people are being treated dif-
Mr. Garner, a chilling video, can offer. African Americans ferently based on their race. But on average, the proba-
engage in a disproportionately large amount of crime bility of police-related death is about the same for each
(and constitute a disproportionately large share of the race; a sweeping nationwide police bias is not apparent
victims, since criminals tend to prey on people similar to in the numbers.
themselves). A couple of cautions are worth mentioning, however.
An individual who commits crimes is more likely to First, it may be that crimes against African Americans
have a hostile encounter with the police than an indi - are underestimated by the victimization survey, and this
vidual who does not, and the hostility of these police anal y sis is only as good as those data. A number of
encounters would be difficult to judge as unnecessary. A recent re ports have also suggested that some major
racist and violent cop, however, might well accost an cities, such as New York, have systematically failed
individual who is not involved in a violent crime at all. to report deaths re lat ed to police activity accurately.
One simple way to check for bias is to see whether the Second, the available data do not allow us to separate
number of violent crimes needed to explain one police- data for whites from data for Hispanics. If white cops are
related death is different depending on one’s race. highly biased against both African Americans and His -
To gauge how often unfriendly encounters with police panics, then both lines in the chart would be affected by
lead to death, we will use Bureau of Justice Statistics this bias.
data on arrest-related death. To measure how often That said, the safest conclusion is that the evidence
African Americans and white Americans engage in available does not support the view that police are
behaviors likely to result in a hostile encounter with biased.
police, we will use violent-crime-victimization data from
—KEVIN A. HASSETT
the Bureau of Justice Statistics’ National Crime Victimi-
zation Survey, in which the victims of violent crime report
the perceived race of the perpetrator. We divide the num- Number of Violent Crimes Statistically
ber of violent crimes by the arrest-related deaths for each
Required for Arrest-Related Death
race. The quotient tells us, on average, how many violent
crimes it takes, by race, to produce one arrest-related
death. If police are unambiguously racist, then it should 10,000
White (including Hispanic)
take fewer violent crimes to induce one death in the Black
9,000
African-American community.
As the chart shows, according to our data, African 8,000
Americans and white Americans have roughly the same
proportion of violent crimes to police-related deaths. 7,000
Whites, on average, experienced over the entire sample
6,000
period one death for every 6,701 violent crimes. African
Americans experienced one death for every 6,609 violent
5,000
crimes. These numbers are strikingly similar. The differ-
ence between them is small, and not statistically signifi- 4,000
2003 2004 2005 2006 2007 2008
cant.
If more individuals of a given race died arrest-related SOURCE: AUTHOR’S CALCULATIONS; BUREAU OF JUSTICE STATISTICS
8 | www.nationalreview.com DECEMBER 31, 2014