CORRESPONDENCE
Correspondence A JURY BY .ANY OTHER NAME THE SCRAPBOOK repeats what the media had misreported in calling a court-martial panel a "jury" ("Italian Justice," March 22). A court-martial has no...
...These officers are not randomly selected peers...
...Today's American court-martial is as fair as any civilian trial, and even more so in many instances...
...The vote to convict need not be unanimous, and so it is possible that a majority voted to convict Capt...
...Helms...
...For example, the first subsection of the Partial Birth Abortion Ban Act of 1997 states: "Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial birth abortion . . . shall be fined . . . or imprisoned not more than two years, or both...
...Perhaps one should revere a person's literary excellence in spite of his abhorrent politics, but what does it say of today's liberal-modernist critics that these detestable views characterize virtually every one of their heroes...
...Conservatives rightly criticize excessive use of federal legislation, often constitutionally suspect, to promote the politically correct causes of the moment...
...However, the commerce clause and other popular constitutional sources of authority, such as section 5 of the Fourteenth Amendment, are not simply the tools of "social activists" and "liberal constitutional scholars," as Turk suggests...
...However, private physicians performing abortions for private parties would not seem to involve state action of any sort...
...A commander personally selects officers who are senior in rank to the accused...
...An interesting piece by Brooke Allen in the February 1997 issue of the New Criterion commented on the now politically correct characterization of Joseph Conrad as a racist...
...A court-martial has no jurors...
...Turk also observes that the Fourth Circuit's opinion in Brzonkala rejected the Fourteenth Amendment as a source of power to enact the Violence Against Women Act, on the grounds that the Amendment requires state action, and the Act punishes solely private action...
...This strange combination happens to be routine...
...Ralph U. Whitten Omaha, NE CORRECTION George W. Bush's March 6 address was delivered at Houston's Second Baptist Church, not the First Baptist Church ("The Gospel According to George W. Bush," March 22...
...Arthur C. Zeidman Raleigh, NC POUND FOOLISH Christopher Caldwell's article on Ezra Pound expresses some amazement at the fact that a fascist sympathizer has gained so much support from modernist critics ("The Poet as Con Artist," March 15...
...Over the years, Congress has added a trial counsel (prosecutor), trial defense counsel, and military judge to the membership of the court-martial...
...The murder of Leon Klinghoffer has no rational explanation, and Italy's failure to bring his killer to justice deprives that country's leaders of the right to complain...
...It may be hard to effectuate change through the processes of constitutional amendment and appointment of judges, but those are the right ways to alter constitutional doctrine...
...Ashby, but not the necessary two-thirds...
...The source of power to pass this act is clearly section 5 of the Fourteenth Amendment...
...In the Ashby case, the evidence which was reported in the press seemed to suggest that the acquittal was reasonable, and that the cable car tragedy might have been an accident...
...But, again, consider Senate Bill 41, the Civil Rights of Infants Act, introduced by Sen...
...I wonder how many people understand that the commerce clause is the source of the authority for the partial-birth abortion plan...
...Nevertheless, the point is well-taken...
...Traditionally, a court-martial is a panel or board of officers who decide the guilt or innocence of a military accused...
...William Petersen Carmel, CA COMMERCE CLAIMS Craig D. Turk does an admirable job of describing the expansive, and sometimes unconstitutional, use of the commerce clause to implement social policy ("Violence Against the Constitution," March 29...
...I wonder, also, how many supporters of the ban realize that, even if it is held constitutional, it will not ban all partial-birth abortions, but only those performed "in" interstate or foreign commerce or which "affect" such commerce...
...The bill is designed to make it "a violation of the right secured by the Constitution and laws of the United States to perform an abortion with the knowledge that the abortion is being performed solely because of the gender of the fetus...
...If true, Allen pointed out, this charge would make no difference, for none among the modernist icons was any better...
...We should exercise equal scrutiny over Congress's power when promoting our own causes...
Vol. 4 • April 1999 • No. 28
