In this issue

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review August 29, 2007 / 15 Elul, 5767

Institutional abuses of rule of law rampant in America's political system

By Robert Robb

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http://www.JewishWorldReview.com | The resignation of Attorney General Alberto Gonzales puts a spotlight on how precarious is the rule of law in America's political system, although not for the reasons partisans will think.

The problem isn't the Bush administration's disregard for the rule of law, as Democratic partisans will have it. Nor is it the pummeling of the nation's top law enforcement officer by Democrats for political gain, as Bush loyalists will have it.

The problem is institutional.

The essence of the rule of law is the impartiality of the administration of justice, that outcomes aren't affected by status.

The notion that the Bush administration has unusually injected politics into the Justice Department is historically fanciful. John Kennedy appointed his brother and chief political advisor as attorney general.

Richard Nixon appointed his campaign manager.

Nor has any Democratic critic offered a plausible explanation of why firing eight U.S. attorneys at the start of a second term, as Bush did, is more of an injection of politics than firing all of them at the start of a first term, as Bill Clinton did. Clinton is also the only president to fire the FBI director he inherited since a ten-year term was established for the position after the Hoover era.

There is some indication that there was political pressure to move some voter fraud investigations along. However, the main issues over the administration of justice in the Bush administration are matters of policy, not politics.

Bush has asserted a very expansive view of the inherent powers of the presidency to protect the country against terrorist attack. I've been sharply critical of some of these assertions, particularly with respect to the warrantless surveillance program, which I believe violated both the Fourth Amendment and the Foreign Intelligence Surveillance Act. However, the Bush position is not without legal foundation.

Several courts have referred to the president's inherent right to gather intelligence to protect the country, although the contours of that authority haven't been judicially mapped. This Supreme Court has held that the congressional authorization of force resolution against al-Qaida after the 9/11 attack triggered the president's war powers, which certainly include gathering intelligence about enemy activities.

Having an attorney general who forcefully articulates and defends the president's legal position on his anti-terrorism powers isn't injecting politics into the administration of justice.

Nevertheless, the institutional protections for the rule of law are uncomfortably weak in our system.

There is, first of all, a fusion of responsibilities that should be separated. All organizations, including governmental ones, need their own lawyers to advise and defend them. That's simply a reality of our highly legalistic and litigious world.

Law enforcement, however, should be separated from this advise-and-defend role. The president's chief legal advisor and defender shouldn't also be the top prosecutor.

The ten-year term of office for the director is intended to partially buffer the FBI from political influence. However, as Clinton demonstrated, the director still serves at the pleasure of the president.

At the federal level, the most successful model for achieving appropriate political accountability but operational independence is the Fed. There is an ethic of independence that guides the appointment process. Board members are appointed for a single 14-year term, and they can only be removed for cause.

The powerful chairman is appointed from the board for a four-year term, but the term spans the presidential election cycle, at least partially buffering monetary decisions from the political calendar.

The institutional protections for the rule of law are even weaker at the state and local level. If judges and prosecutors are elected, those positions will be filled by politicians who will be inappropriately influenced by political considerations. To assert otherwise is to defy everything we know about human nature and the political process.

The rhetoric surrounding Gonzales' tenure and resignation is badly misdirected. A constructive reaction would be to thoughtfully sort out the functions of the Justice Department, and separate the advise-and-defend role from the law enforcement role. And then provide additional institutional protections to the independence of the prosecutorial function.

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