European Stars and Stripes (Newspaper) - September 28, 1990, Darmstadt, Hesse                                Page 10 columns the stars and stripes Friday september 28,1990james j. Kilpatric Souter ought to take opponents to dinner e Over the past weekend sen. Alan Cranston d-calif., announced that he would vote against Plain judge David Souter on the supreme court. Spic did if Cranston is against Souter sensible members of the Senate will be for him. No better reason for voting Aye should be required. But better reasons abound. Four Days of hearings before the Senate judiciary committee left a Clear in ression of a jurisprudential mind at work. That is the it by thing. Souter has Long experience on the Bench both As a trial judge and As an appellate judge. He thinks judicially. Nothing in his testimony suggested that he is hungering to reshape the Constitution toward legislative ends. To be sure prior judicial service is not the be All and end All. Harry Blackmun had 11 years on the Bench before joining the High court he will be remembered for fabricating the majority opinion in Roe is. Wade the landmark abortion Case of 1973. William Brennan had been thinking judicially for 17 years before his ascension he proceeded to toss the doctrine of judicial restraint to the four winds. From time to time Souter will disappoint those of us on the conservative Side. This is to be expected. Over the past three terms of court some of us have been disappointed by votes that were cast by justices Sandra Day of Connor and Antonin Scalia. Chief Justice William Rehnquist occasionally has let us Down. But the betting now is that Souter will provide a reasonably reliable vote to affirm old constitutional values. He will not vote to scuttle the Bill of rights. It was said of Grover Cleveland that men loved him for the enemies he had made. So too in the matter of judge Souter. He is opposed not Only by Alan Cranston but also by a Gaggle of heavy breathing super feminists. With enemies like these Souter will find a thousand friends. Last week the committee heard from Molly Yard resident of the National organization for women she feared that Souter All by himself would a Send Freedom for women in this  also on hand was Gloria Allred representing the original Jane Roc of Roe is. Wade. She had an insight into a outcry a thinking a the will treat women As second class  Eleanor Smeal representing the fund for the feminist majority could find a not a shred of evidence that indicates any willingness to uphold or Advance civil rights for women and minorities. Elizabeth Holtzman comptroller of new York City denounced the nominee for his a Lack of understanding Quot toward women who have been raped. Sara e. One More me 6mer, judge Souter the sensitivity test. I Rias representing the Center for constitutional rights attacked Souter for a regressive  the committee heard testimony along the same lines from Kate Michelman for the National abortion rights action league Faye Wattleton president of planned parenthood judge Sophia Hall for the National association of women judges Doris Coleman for California women lawyers and Joan Bronk for the National Council of jewish women. Most of these witnesses were in the committee room when sen. Strom Thurmond r-s.c., inadvertently set off a revealing explosion. He was trying to Speed things along. This is verbatim what he said a emr. Chairman we have a group of Lovely ladies Here. We thank you for your presence. I have no  the witnesses groaned. They rolled their eyes to heaven. They shrugged. They gave Thurmond the ugh look. To be addressed As Lovely ladies said Eleanor Smeal was  Molly Yard fumed that S.C. condescension a does not sit  sen. Alan Simpson r-wyo., said bluntly that he was fed up with S.C. a tiresome arrogance on the women a part and he pointedly addressed them once More As  it was Good fun while it lasted. The incident pointed up the nature of Souter a opposition. A very Large proportion of american women a probably Well Over half a want to see a right preserved for reproductive Freedom. They regard the a right to choose As part of the fundamental Liberty guaranteed them by the 14th amendment. This is sound conservative thinking. But Only a tiny fraction of american women hunger for the Rabid egalitarianism demanded by Thurmond a Quot Lovely  in their humourless assault upon common Courtesy they gave David Souter a useful lift. Mesdames we thank you. C Universal press Syndicate George Wil Moynihan would soak the Rich a senators hours before Saddam Hussein a tanks launched aggression that threatens in the presidents words americans a Way of life a sen. Pat Moynihan a pen launched a skirmish which if not erased will erase Congress Quot Way of  so Moynihan a Handiwork will be quietly dropped from the Bill to which it is attached. On aug. 1, the Senate Rushing toward recess was yet again practising moral perfectionism a legislating ethics As that subject was understood that week. Suddenly Moynihan the patrician from Hellas Kitchen brought the class struggle to the Senate floor with two words unearned income. Lie came to the floor prepared to vote to ban acceptance by senators of honorariums. But he found his colleagues prepared to vote something More sweeping a a strict limit on the amount about $15,000 of All earned income senators could receive annually. Moynihan promptly scribbled an amendment to extend similar limits to unearned income S.C. As interest and dividends. It passed 51-49. If retained about one third of the senators would have to retire or give away thousands in some cases millions of dollars annually. Of the 49 opponents How Many argued their Case Zero. A there arc of course opposing views a says Moynihan sweetly but with vinegar in the Ink of his letter to his colleagues. A May i note that when no one Rose in opposition to my amendment i offered to present those  Moynihan is making a foray into an old argument. On the principle Brandeis said it that sunlight is the Best disinfectant Congress decided in the 1970s that All sources of income should be disclosed. But now one kind of income is to be severely limited earned income from labor. Moynihan says that if Congress places no limits on a unearned income produced by property there will be a a real tilt toward property  that tilt will shape in ways contrary to the founders intentions the composition of Congress. Moynihan who writes More books than some of his colleagues read cites one of the three authors of the Basic Book of american Public philosophy Quot the federalist  before 1776, political philosophers had agreed that if democracy were possible and desirable it could be so Only in a Small homogeneous society without  James Madison a revolution in democracy theory had a concise catechism what is the worst political evil tyranny. To what tyranny Are democracies prey tyranny of the majority. Solution prevent the emergence of a smile stable and potentially tyrannical majority. Generate a Rich pluralism that makes possible Only shifting unstable coalitions of minorities. Regarding factions Madison said the More the merrier. Political Liberty will be secured by social pluralism a a saving multiplicity of factions. Hence the need for an a extensive Republic and hence soon the Louisiana Purchase. Make room for different and unequal faculties of acquiring property. The Protection of those faculties and that acquiring is a the first object of  Why because people with different economic interests Are a actuated by different sentiments and views and pluralism protects Freedom. The Constitution says a the senators and representatives shall receive a compensation for their  that provision was in 1789, revolutionary. It meant Laws could be made by All sorts of people from All walks or life not just the Gentry. Members of the British parliament were not paid until 1911. In 18th-Century America a Gen. Pinkney argued that the Senate was supposed to a represent the wealth of the country a so if no compensation were paid a the wealthy alone could undertake the  a col. Mason went him one better proposing a property qualification for Senate service. But the Issue was carried by those who like a or. Sedgwick favored compensation lest Congress be closed to a men of shining and disinterested abilities but of indigent  Moynihan was born in Tulsa okla., but raised in a rough Section of Manhattan from which he Rose to Harvard a faculty presidents cabinets ambassador ships and 14 years ago the Senate. There increasingly he mingles with millionaires. His measure did not cause cleavage along party lines. Roll Call the Capitol Hill newspaper says 30 of the 50 richest senators and representatives Are democrats. Republicans voted 31-13 for Moynihan. Moynihan a measure should be dropped but so should limits on earned income. Congress should mandate full disclosure but otherwise let members do what they will and let the voters sift the decide How they feel about them Moynihan a measure has been treated As a professors jest one with a pedagogic purpose. It does indeed teach us that we Are allowing to develop Someth Hajje a property qualification for office. This is not funny. C Washington Post writers group