European Stars and Stripes (Newspaper) - November 1, 1994, Darmstadt, Hesse                                Tuesday november 1, 1994 j commentary the stars and stripes Page 13ition 187 returns Power to people George f. Will Justice William Brennan asked if he regretted any decision Helen dered during his 34 years on the supreme court replied a hell no i never thought that i was  and he always thought he had a right to impose social policies he considered right. Today a National debate about californians proposition 187, which would deny free Public education and some other nonemergency. Public services to. Illegal immigrants arises from damage done by Brennan a and the courts hubris. In 1982 the court narrowly 54 overturned a Texas statute denying free Public education to illegal immigrants. The majority opinion written by Brennan and joined by justices Thurgood Marshall Lewis Powell Harry Blackmun and John Paul Stevens extended the 14th amendments guarantee of a equal Protection of the Laws to people seeking entitlements from a state in which their presence was illegal. Brennan argued that Texas statute was unfair because illegal immigrant minors Are not responsible for where they Are that the Law was bad social policy because i might produce an underclass and that therefore the Law was unconstitutional. This is the familiar non sequitur by which Imperial judges turn courts into Legislatures whatever the judges deem unfair or unwise must be unconstitutional. Chief Justice Warren Burger dissenting and joined by justices Byron White William Rehnquist and Sandra Day of Connor noted that a the court makes no attempt to disguise the fact that it is acting to make up for Congress Lack of ship _ a _ a Gration. The court be said was yet again a effective leaders regarding Immi attempting a speedy and wholesale formulation of a remedies for the failures a or simply the laggard Pace a of the political processes of our system of  a Brennan did acknowledge that a courts must be attentive to congressional policy. Which might Well affect the states prerogatives to afford differential treatment to a particular class of  but he was inattentive. By 1982, Congress had made its thinking Clear through Laws barring illegal aliens from supplemental Security income and Aid to families with dependent children. \ in 1986, Congress did the same regarding nonemergency medicaid services. In 1990, Congress created a temporary protected status for Legal or illegal aliens unable to return Home because of circumstances such As civil disorder. Congress doing something like what proposition 187 would do said people with this status Are ineligible for most Federal benefits. And this year in providing disaster Relief for California Congress excluded illegal aliens from Arnost All benefits. The 1982 decision was part of a pattern of judicial usurpation of state and local responsibilities. These usurpation have involved courts supplanting democratic institutions in formulating policies concerning pornography capital punishment administration of prisons and mental health facilities Ana Public housing abortion school financing Christmas displays and Many other matters. Yet critics of proposition 187, which is designed to Force the supreme court to reconsider its 1982 usurpation regarding policy toward illegal immigrants seem scandalized that californians Are trying to reclaim a right of self determination. Critics who denounce proposition 187 As a immigrant bashing miss a Point that evidently is not missed by the approximately 50 percent of californians hispanics who support it proposition 187 concerns not what National immigration policy should be but what state policy should be regarding violators of whatever the National Law is. Critics of proposition 187 say correctly that government by initiative under mines representative government under which the people do not decide issues they decide who shall decide. A a however Many critics of proposition .187 Are Uno fended by another subvention of representative government judicial policy making. There probably would be no proposition 187 if elected officials in Washington and Sacramento had not been corrupted by the culture of judicial activism and been delighted As the political class often is to allow a court to take custody of an inconvenient problem. When Brennan discovered a new sweep for the 14th amendment the amendment was 114 years old. When it was ratified and for Many decades thereafter the nation had essentially open Borders. What the nation did not have was a welfare state the operation of which becomes particularly problematic when courts blithely legislate policies that expand entitlements to Public resources that Are finite. Principles of federalism and popular government Combine to justify californians tight to decide How to allocate their increasingly scarce resources. Nevertheless critics say proposition 187 is unconstitutional. Proponents say perhaps but perhaps Only until the supreme court is forced to rethink its 1982 ruling that removed an important policy from the Purview of state government. Only one of the five majority justices from 1982 Stevens remains. Two of the four dissenters Rehnquist and of Connor remain. If joined by justices Cla once Thomas Antonin Scalia and one other 1982�?Ts judicial Fiat will be overturned and the Issue restored to popular sovereignty. A the justices a wrote Brennan of his colleagues a Are certainly aware that we Are not final because we Are infallible we know that we Are infallible because we Are  by passing proposition 187, californians can have a say about whose voices Are final in a democracy. C Washington Post. Clinton tries to put in Middle East diplomacy president Clinton observed every word is scrutinized for its real meaning. From All the words publicly spoken during Clinton s six nation trip its puzzling whether Progress was really made in peace talks. The most intriguing part of Clinton strip last week was his Stop in Syria regarded As the key to a comprehensive settlement that puts Syria and Lebanon at peace it Vith Israel. Clinton a visit to syrian president Hafez Assad a Hilltop Palace was the first Stop in 20 years by an american president in a country branded by Washington As a sponsor of terrorism. American officials Felt that Assad owed Clinton something for putting his prestige on the line and lending credibility to Assad a authoritarian regime. Yet it was impossible to mask Clinton a disappointment As he left Syria. Moreover american officials stumbled in trying to put the Best face on what they admitted privately were Small moves and technical Steps that might have a cumulative effect Over time. The administration credited Assad with saying reassuring things about Israel that he had never said before when in fact he had. By the time Clinton returned to Washington on saturday he too played Down the syrian Stop. He did t even mention it during an arrival ceremony it the White House. And in his weekly radio address he said Only that it was time for Assad to a follow the example Ana inspiration of Israel and Jordan two weeks before elections in which democrats fear heavy losses Clinton seized on the trip As a High profile Opportunity to celebrate the peace Accord the United states helped broker Between Israel and Jordan. In a made for television Day Friday the president also went into the Kuwait desert to Salute american troops and Issue new warnings to  the outset Washington said it did not expect a breakthrough with Damascus. At Best it would be six months before the fruits of Clinton a visit were obvious. If anything though Clinton a visit served to highlight the problems particularly about terrorism. And it did t provide reassurances to israelis who Are anxious after a surge of terrorist attacks. Put on the defensive by hard nosed questioning the syrian Leader angrily insisted that he wanted peace with Israel and the real question was whether Israel Felt the same. More troublesome the americans Felt was that Assad refused to publicly condemn terrorist attacks against Israel. Instead Assad denied any role in terrorism and heatedly said the charges against Syria were the result of its conflict with Israel. Clinton later said he wished Assad had been More forthcoming. He excused Assad by saying the syrian Terence Hunt a a a . On poor Outing Leader Wasny to used to hard Ball news conferences. A i regret that president Assad did not take the Opportunity to say in Public what he said to me in private about his deep regret about the loss of innocent lives and particularly the bus bombing a Clinton said referring to the recent bombing in Tel Aviv that killed 22 people. Clinton said that in their private talks Assad went beyond his previous positions. In describing the talks the administration had to walk a narrow line. On the one hand officials wanted to make sure Clinton got credit for making Progress on the other hand they did no to want tic signal Assad that head made bold moves and could Silpack now and wait for israeli concessions. Israeli press reports about Clinton a meeting with Assad turned sour As the president concluded his trip but administration officials said that was understandable. A any Good Bargainer is not going to look too pleased at the concessions the other Side might make because that a simply not the Way you bargain a a senior administration official told reporters on air Force one on the Way Back to Washington. A what matters a the official said a is where we Are a month or two from now not what the reaction is  c the associated press