European Stars And Stripes (Newspaper) - May 11, 1988, Darmstadt, Hesse Page 10 columns the stars and stripes William f. Buckley Cuomo s lofty regard of Jackson surprising its probably True to borrow from Mark Twain on Wagner that Jesse Jackson is not As bad As tic sounds but the question arises whether one really wants someone who sounds that bad nominated for president. They say the Jackson people Lay that one should not hold against him what he has said and done in he past. But it would be easier to plead for absolution i there were u sign Ocon orilion. There has t ctn save for Jackson s manicured distancing himself from Louis Farrakhan he has not denounced Farrakhan s Heady anti semitism he has simply denounced anti semitism which is a great Deal easier and begs the Point. Nor has there been any sign that Jackson is disposed to take a fresh look Al the planks of his foreign policy the soviet Union according to Jackson in t a threat it is � threat or of his Domestic policy for Jackson the Economy is the creature of the Pentagon and of the very Rich. There is a certain evolution As to form which tends to be True of everyone. But the same intellect that framed Jack son s tributes to Castro. Guevara and Assad frames his thoughts on related matters. In the last debate he had with the other contenders in the new York race the subject of terrorism cart up and Jackson turned to Michael Dukakis and said you claim to be against terror ism. Well if you Are do you oppose Deal ing with the South african government in t thai a terrorist regime poor Dukakis. He in t allowed in , in use analytical Grinders. F he had done so one supposes he d have been accused of racism or of being soft on South Africa he mumbled something about South Africa being Akin to a terrorist country and was bailed out when the Lime ran out. Jackson should Havu been told that terrorism is not the National policy of South Africa any More than it was the National policy of the Jim Crow South the Kun flux plan was never an Arm of government. Duka Kis might have added thai Jackson has no problem in praising the terrorist government of Syria or of inc Plo or James j. Kilpatrick who Bra thu top what Mesa Ipak we 25 year Sago amp 20 years as0 Asp 10 years/160 and year aka last Hal Fri Al last War. Crew a a peaches Core y00 ius with Jesse s see Kolfs worse the totalitarian governments behind the Iran curtain against none of which his Jackson Ever proposed sanctions. When gov Mario Cuomo weighed lit on the race with his tribute to Jackson one wondered whether the political Sims is lethal to the mind and the conscience. " Jackson addresses ideas intelligently and substantively said Cuomo. It is very difficult to understand How such an evaluation can be nude by anyone Capa ble of kor of thought. Jacosn i analytical Mode goes in far denunciations of National policy described at merging the corporations to effect a purging of the Workun to effect the submerging of the Economy. That is the language of kindergarten teachers. Cuomo s deep thinker has proclaimed Yasser Anatal True hero whose commitment to Justice is an absolute Cuomo s intelligent and substantive candidate has said of Fidel Castro one of the truly finished totalitarians of the Century your Strug Gle is our Cuomo tells us that Jesse Jackson has an unrivalled capacity to summon passion from people who listen to perhaps that was what he was doing summoning passion when he led the March last month at Stanford University protesting a course in Western culture chanting hey hey hoho Western Cul Ture s got to if it were nol for Western culture we would be living in America As they live in Africa and we Are not referring to South Africa. Cuomo concluded that Jackson is making a unique contrib let us Hope it proves to be unique like George Wallace s and the Candida cies of the Ham and eggs party and the know nothings. It surprises that the principal demo cratic figure in America Cuomo is generally thought to be that should associate himself so sycophant Mically with positions and analytical superficial ties that either he scorns privately or else should disqualify him from being taken seriously. Supreme court decisions eroding states rights two Hundred years ago in the Virginia ratification convention of 1788, Patrick Henry asked a Mournful question what is to become of the Stales he of Carvel the National government gradually would reduce them to impotence. Henry was an accurate Prophet. 1-ast month the . Supreme court once again affirmed his melancholy prediction. By a disappointing vote of 7-1 Justice an irony Kennedy did not participate the High court ruled thai Congress May impose a Federal lax on the interest from slate and municipal Bonds. Only Justice Sandra Day o Connor in a ringing dissent adhered to ancient traditions of federalism. Even chief Justice William Rehnquist and Justice Antonin Scalia joined in the court s Blunt message to the states drop dead. The court s decision in South Carolina is. Baker was predictable though the division within the court was not. In an historic siring of cases the court repeat edly has upheld the Power of the Federal government to impose its will upon the states. The record provides no encouragement for those of us who believe that the 10th amendment provides the Best key to unlock the House of our father. The i Dili contains the very essence of federalism. It lays that the National government has Only those pow ers delegated to it by the Constitution. All other Politi Cal Powers not specifically prohibited Are reserved to the Stales or to the people. John Marshall the great chief Justice set about undermining state sovereignty in ibi9. The civil War accelerated the process. In 1941 inc High court described the 10th As no More than a now and then inc justices have said a kind word for federalism much As one pats an old dog but it has been pretty much downhill All the Way. Last month s Case involved Section 310 of the tax equity and fiscal responsibility act of 1982. In this Section Congress decreed that state and Muni Cipal Bonds in order to remain tax exempt must be registered Bonds rather than bearer Bonds. The idea was to prevent the Tat evasion thai occurs when in come from bearer Bonds goes unreported. Faced with the expense and the record keeping required by registration South Carolina sued to have Section 310 declared in violation of the 1 oth amendment and the tradition of exemption. Sneaking through Justice William Brennan whom Els seven members of the court rejected the state s Contention. Brennan s opinion nol Only upheld the statute it also swept into the Dustbin the 189i Case of Pollock is. Farmers loan & Trust co., which held that interest on state obligations is immune from fed eral taxation. If the states Don t like it said Brennan their remedy lies in the political process. South Carolina could have anticipated that Cavalier Brushoff. Back in ims in Maryland is. Wirtz the court ruled 5-2 that the fair labor Standard act applied in pan to stale workers. In 1976, in National league of cities is. Usery the states won a Brief res pile by a vote of 5-4 the court overruled Wirtz. Tinl holding lasted Only seven years. In 1983 the slide continued with Leoc is. Wyoming the court ruled 5-4 that the Federal age discrimination act prevented Wyoming from retiring 55-year-old Bill Crump a supervisory game and fish Warden. The Crusher came in 1985 when Joe Garcia an employee of san Antonio s municipal transit authority demanded that the City pay him overtime. Garcia won 5-4 in characteristically Long winded opinion by Justice Harry Blackmun now comes the South Carolina Case. Hail Patrick Henry what will become of inc states it is undisputed As o Connor pointed out in her dissent that removal of the lax exemption on stale Bonds would have a devastating effect on state finances. Without inc exemption the states interest rates would go up by one third. True the lax act does nol remove the exemption it merely regulates the form of stale instruments but the Power to require registered Bonds embraces a Power to require taxable Bonds. Congress is hungry for revenues to offset the deficits it Bas created. How Long will the exemption be continued i am no Friend to constitutional amendment but it May be that the time has come far the slates to invoke their Power to compel the calling of a constitutional convention. If 33 stale Legislatures would apply for such a convention limited to submitting an amendment that would overrule the High court s Opin Ion in the Bond Case we might get More political process than Brennan has dreamed of. The states Don t have much sovereignty left but they still have some. If they want to preserve an exemption they have enjoyed since Patrick Henry s Day they know How to do it. A Raul pih1 Fidfl a
