European Stars and Stripes (Newspaper) - September 16, 1990, Darmstadt, Hesse                                Page 10 columns the stars and stripes sunday september 16,1990george f. Will there Are questions judge Souter should answer bipartisan consensus often is the path of political convenience. Today a consensus is that judge David Souter should be confirmed As supreme court Justice without a searching inquiry into his jurisprudential thinking if any. Liberals have no stomach for another Lynching which consistency would require them to conduct if Souter departing from cliches began to sound like Robert Bork. Conservatives will vote to confirm Souter come what May so Why risk discovering something awkward still Here Are some pertinent questions for Souter the first amendment protects Freedom of a speech a a distinctive human capacity intimately connected with reasoning. But what other than civil speech does the amendment protect Flag burning so called a fighting words pornography child pornography or do you think the amendment protects a a expression generally if so Are there exceptions if so Why in Griswold is. Connecticut 1965justice William Douglas discovered a a privacy rights lurking in a Penumbra formed by the emanations from various constitutional provisions. Do you accept that line of reasoning seventeen years ago the privacy right was found to include a right to abortion. Do you agree with that application of Griswold a reasoning in Bowers is. Hardwick 1986the court held that states can make sodomy a criminal offence without intruding on any constitutional right to privacy. Do you agree might the right to privacy also protect for instance smoking marijuana in private by what constitutional criteria do you distinguish Between private behaviour that does and does not enjoy constitutional Protection the Constitution contains phrases a e.g., a cruel and unusual punishment a equal Protection of the Laws a that must take their meaning from. What the logic and Structure of the document the Community so evolving standards if the latter How ought justices measure such evolution Are not Community standards expressed in the capital punishment Laws that the court is being asked to strike Down Are there any circumstances in which the death penalty for a competent adult who has been convicted of first degree murder would be a cruel and unusual punishment does the a equal Protection clause require that government action be Colo Blind if so can a affirmative action a granting preferential treatment to individuals on the basis of race be constitutional what about sex based preferences do you agree with the courts decisions that the first amendment guarantee of a free exercise of religion requires payment of compensation to employees who Are unwilling to work on the Sabbath permits after class Bible clubs in Public school facilities and allows displays of a menorah outside a Public building do you agree with the courts decisions that the ban Walter r. Mears Senate charades Vvs on a a establishment of religion requires Banning prayers in Public schools Federal Aid to religious schools tax exemptions for religious periodicals and displays of creches on Public property can you reconcile these a free exercise and a a establishment lines of decisions what limits Are there on courts remedial Powers for example can courts impose taxes to finance desegregation orders if As a Justice you confront a Case that presents an Opportunity to overturn a precedent that you consider wrong will you do so How will you weigh the integrity of the Constitution against a constitutional error that has the dignity of precedent is the expansion of individual Liberty always Good should the exclusionary Rule that resulted from Miranda is. Arizona 1966 include a a Good Faith provision so that evidence that proves guilt can be used in court even if it was acquired As a result of a procedural Blunder by police the second amendment says a a Well regulated militia being necessary to the Security of a free state the right of the people to keep and Bear arms shall not be  what does that protect the right to own a saturday night specials assault rifles any weapon that might be a necessary to the Security of a free state Quot a my tanks surface to air missiles etc.? Are you one of those who bought Robert Bork a Best Selling Book a the tempting of american if so do you agree with his argument if you have not read it does that mean you Are not interested in contemporary arguments about jurisprudence of the 104 persons who have served As supreme court justices who do you most Admire and Why what do you think of Justice Brennan a jurisprudence Souter May be As smart As a whip and As deep As an Ocean but his nomination indicates that the rejection of Bork has resulted in the institutionalizing of anti intellectualism. One reason that Souter was nominated is that for 30 years he has walked across the Sands of adulthood without leaving intellectual footprints. Before Bork reticence was the Rule for nominees. After Bork reticence should not be permitted. Because of what was done to Bork we must re establish the right to have a mind. Confirmation questioning should be used to reveal the qualities of the minds of those nominated for the most intellectually demanding positions in government. Washington Post writers grou America s drug War simmers on a Back Burner no. 1 is a High risk ranking hard to hold and sure to draw attention when there a a slip in the standings. That has happened in the administrations War on drugs despite president Bush a insistence that it remains at the top of his priority list. According to Public opinion surveys far fewer americans now consider illegal drugs to be the most important problem confronting the nation. But perceptions of the problem have changed More than the problem itself. After a dramatic High profile Send off the drug War seems to have settled into the trenches for the Long haul. One year into the administrations War on drugs the Man in charge reports headway but with a Long struggle ahead. A Overall its no longer getting worse a a said William j. Bennett director of the office of National drug control policy. A we do have Progress. A perseverance. Will be the key a he said. A and easy satisfaction is grossly premature. The drug problem is still far too  he said american attitudes have turned sharply against drug use especially among Young people and in favor of concerted consistent action against illegal drugs. Bennett said he thinks the Public commitment is steady despite surveys that show a decline in voter concern about the Issue. During the 1988 Campaign the polls showed illegal drugs at or near the top of the list when prospective voters were asked to rank problem issues. Drugs the deficit and the Economy were the top concerns. Now its the Economy and the Middle East crisis. In 1989, amid the buildup toward Bush a drug strategy speech a lbs news new York times poll showed nearly two thirds of those surveyed thought illegal drugs were the nations most important problem. One year later Only 10 percent said so. That plunge reflects the problem of holding Public voter and therefore political attention on an Issue that demands Long term Low profile Effort. A i know that other subjects preoccupy All of us these Days a Bush said a year after the nationally televised speech in which he had vowed to keep the National focus on drugs. A but this one remains no. 1, will continue to remain no. 1 when the International situation has calmed  Bennett told editors at the american press Institute that the presidents pledge was an important one not just words. A the put himself on the line. Now he can be held to that. He a put a budget on the  the administration seeks $10.6 billion in Federal anti drug spending in the budget year that begins oct. 1, an increase Bennett said of almost 70 percent. He said Bush a pledge puts added pressure on Congress to appropriate the full sum. Beyond that Bennett said he believes americans will support spending in the same $10 billion to $11 billion Range with increases to offset inflation for the next five six or even 10 years in order to Deal with the problem. He said it was inevitable that other concerns would overtake the drug problem in the Public mind but that does no to mean that americans Are losing interest. A i done to need a passion meter or an ardor meter a he said. A what we need is a steady consistent  Bennett said he Isnit worried about seeing his Issue slip Down the list from no. 1 so Long As support is unwavering and the drug War gets the Money it needs. He said that does no to require being on the front Burner All the time with the flame turned up High. A a in la Settle for the Back Burner with an even flame a he said. That a where the drug War is now. His Challenge is to keep the heat on. A the thing could get worse again a he warned. The associated press