European Stars And Stripes (Newspaper) - September 9, 1987, Darmstadt, Hesse                                Page 10 columns the stars and stripes wednesday september 9, 1987 Anthony Lewis Bork differs with 14th amendment decisions in i9z3 the supreme court held in  a Nebraska Law passed in a surge of nativist emotion after world War i thai made in n crime la Leach for eign languages to Young children the court reversed inc conviction of a teacher for leaching German. Two years later inc court struck Down an Oregon statute that outlawed private and parochial schools requiring All Chil Dren to go to Public schools. The court said the stale could not standardize its children by forcing them to accept instruction from Public teachers  those decisions were based on the clause of the 14th amendment thai says a stale May not deprive anyone of Liberty without due process of Law the theme of those and later cases was hat the protected lib no includes a degree of autonomy for individuals and families an integrity that the slate cannot invade unless it can show a pressing justification judge Robert Dork believes that All those cases going Back 60 years anymore were wrongly decided. There is no Way. He argues Ihal inc supreme court can properly give substantive meaning to an idea As Broad As Liberty so inc court should not enforce that concept in inc 14th amendment the personal Liberty cases arc an important example of How Bork differs from the prevailing constitutional tradition. They also show How profoundly he disagrees with inc great recent conserva Tive justices known for urging judicial restraint such As Felix Frankfurter and John Marshall Harlan Frankfurter and Harlan were uneasy Ai the idea of judges deciding what kind of Liberty was protected by the Constitution uneasy Al the Power that gave them. But in the end they saw no Way to escape the duty. Thai was Clear when Harlan. In 1961, confronted a connect Cut Law that made it a crime for married couples to use contraceptives. This enactment Harlan wrote involves what by common understanding throughout inc English speaking world must be granted to be a most fundamental aspect of Liberty,1 the privacy of the Home in it most Basic sense he concluded that it was unconstitutional for the slate to intrude upon the most inti mate details of the marital relation with the full Power of the criminal  in 1969 the supreme court held the Connecticut birth control Law unconstitutional. Dork has made that decision a Carl Rowan particular target. He has attacked it repeatedly calling it among other things  whenever people claim a right to some Liberty he wrote in 1971, there is a clash Between their gratification and the stale s desire to regulate. A court cannot weigh the claims except in terms of its own values and thai is impermissible. By Way of example he said there was no difference Between the claim of marital privacy in the connect Cut Case and an electric company s desire to be freed from pollution regulations. In contrast Harlan said thai inc court had to give meaning to the Liberty clause of the nth amendment by balancing the demands of organized society and the recognition that this country was Buill upon postulates of respect for the Liberty of the  the court has had to strike that balance Arain and again in changing conditions. Thai tradition is a living thing. No formula could serve As a substitute in this area  and  there is Good reason to think that the Cramers often 14th amendment saw it in those terms. A principal figure in its adoption. Sen Jacob Howard said its great object was to make the slates respect individual rights such As those in the first eight amendments. But not Only those he said for the rights arc not and cannot be fully defined. Souk s views also Divide him from a Law teacher whose Call for Neutral principles in constitutional adjudication he has used As a Model professor Herbert Wechsler of the Columbia Law school. Wechsler when i asked him about Dork s View of inc 1913 and 1925cases, said it was in the interest of the nation that they were decided As they  we have been fortunate Wochiler said to have a last ditch defense of la Onomy and Freedom in the supreme court with its methods of Leeal analysis. That is the great advantage or the Ameri can polity. In All the things judge boric hat writ ten i be never seen any recognition on his part that the open ended language of the 14th amendment was not simply a Way of describing the admission of negroes to the policy but was understood to be a Broad reference to freedoms. I think that Means it is legitimate for judges within their realm of duty to articulate untouchable areas of autonomy or free Dom How a time non Wybo Bush does t have a lock on gop nomination imagine this scenario if you can Senate minority Leader Bob Dole is speaking Al a rally in South Carolina. There in t a Black or Brown face in the crowd. The presidential hopeful from Kansas tells the All White group he intends to change the Republican party s image of insensitivity to Black Brown poor White and disabled  is Bob Dole off his political Rocker no Dole knows that the Only Way he can Over take vice president George Bush and gel the re publican nomination Neu year is to portray Bush As the elitist country club candidate and try to sell himself As the Man who cares about people who need food Stamps Medicine for their a find ions help against bigotry. Now that s a ploy thai would work if Dole were contesting Ronald Reagan but he s going to have Trou ble Selling people the argument that Bush is a heartless fat cat Basher of America s Down and out people. That is a bum rap against Bush that even Black republicans will not Swallow. Bui the to for the Lille Guy Campaign is Dole s Only Hope of overtaking Bush whose front runner stat us always has been suspect. Dole s Appeal to Blacks hispanic the under class has implications for nex year s presidential Campaign itself should he by some great political stroke win inc gop nomination. With Luck personal Charm a lot of misstate ments and the privilege of running against weak democrats Reagan proved he could snub Blacks cheat the poor and still win by a landslide. Dole knows that whoever wins the cop nomination Neil year cannot win by alienating these groups of americans. Neither Dole nor Bush can pull off a Hollywood con Job. Asked Why he was urging the inclusion of Blacks while speaking Only to South Carolina Whites. Dole said because in is the right thing to do and because votes  Dole surely knows that Reagan has bequeathed to the 1988 gop nominee a Host of grim problems and embarrassments including the Iran con Ira mess record budget deficits a possible persian Culf debacle a Centra american Nightmare a . Foreign Trade mess. Dole knows the conventional Wisdom is that i9b8 is supposed to produce a democratic president. But the shrewd Kansan sees that the democratic party is still in disarray. In has no White Knight who shows signs he can ride into the nation s capital and Lake Cham. It does have a Black Knight Jesse Jackson whom the party will never allow to ride out of Atlanta with the presidential nomination. But i la Wager thai Dole has looked Down the Road to Sec Jackson winning a lol of Southern convention delegates on super tuesday March 8. And Dole can see the democratic convention refusing to consider Jackson seriously partly because of his blackness but even More on grounds he is too Liberal that s when Dole s pulse quickens at the thought of angry Bill Ckuj abandoning their party and voting Tor him. I read of Bob Dole pursuing hrs Southern strategy and become All the More convinced that i am Rightm saying vice president Bush in t even close to Locking up the Republican nomination. 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