2016 Election, Supreme Court

Now That Was Quick

SutherlandThe Fastest Confirmation…

George Sutherland is the only person from the state of Utah to ever serve on the United States Supreme Court. Nominated by President Warren Harding in 1922, Sutherland still holds the record for the fastest confirmation in court history. The entire process – nomination, no hearings and Senate confirmation – took one day.

After being defeated in his bid for a third term in the United States Senate, Sutherland established a Washington, D.C. law practice and developed a friendship with Harding. That close relationship lead to his court appointment.

Sutherland spent 16 years on the high court faithfully opposing almost all expansion of government power. He became the intellectual leader of the “four horsemen,” the conservative bloc on the court that before 1937 rejected much of Franklin Roosevelt’s New Deal legislation. Sutherland retired in 1938.

Supreme Court confirmations have certainly changed since 1922. New justice Sonia Sotomayor’s nomination was announced by President Obama on May 26. She was confirmed today. By my count her confirmation process lasted 72 days.

By the standards of the modern Senate confirmation ordeal the Sotomayor process was speedy, but no threat to George Sutherland’s record. Like Joe DiMaggio’s record of hitting safely in 56 consecutive major league baseball games, the Utahan’s record will never be broken.

American Presidents, Andrus, FDR, Little Bighorn, Obama

The Survival of the Republic

FDRFDR and “the Jew Deal” and Obama “the Kenyan”

“It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that ain’t so.” Mark Twain

OK, I admit it. I don’t need more evidence that Barack Obama was born in Hawaii in 1961, two years after Aloha land became the 50th state. I am convinced the president is native born and therefore qualified to exercise the executive power of the government under the Constitution. It is a closed case for me, but apparently not for many so called “birthers” and even, at last count, eleven members of Congress who are sponsoring legislation requiring presidential candidates to produce their birth certificates.

All of this talk of birth certificates comes hard on the heels of the persistent rumor that Obama is a secret Muslim.

What’s going on here? A Constitutional crisis? An updated version of UFO sitings?

None of that. The Obama “stories” are, I submit, in league with a long, colorful and frequently disquieting chapter in American presidential history. It is the chapter where some Americans never quite get to the point of accepting the person in the White House. Presidential history is full of “facts” from the fringe that, if true, would surely “disqualify” the offender in the Oval Office.

The president in modern times most aggressively vilified in this way was surely Franklin Delano Roosevelt. As George Wolfskill and John A. Hudson document in their book – All but the People – Franklin D. Roosevelt and His Critics – FDR was – pick your poison – mentally ill, unable to handle the strain of office due to his polio, a shadow Communist (or Fascist), a warmonger and a Jew.

A contemptible collection of crackpots, including the radio priest Father Charles Coughlin who commanded an audience that Glenn Beck would envy, and a southern demagogue by the name of Gerald L.K. Smith, rumor mongered the anti-FDR lies constantly. As Wolfskill and Hudson note, Smith’s Christian Nationalist Crusade mailed out thousands of copies of a phony Roosevelt genealogy, purporting to “prove” FDR’s Jewish ancestry, during the presidential campaign of 1936. A footnote read: “Every sensible Christian and loyal American will fight the campaign of Leftist, Communists, Jews and Internationalists to return the Roosevelt dynasty to power.”

Roosevelt won that 1936 election, by the way, in an historic landslide that only convinced his critics that he was determined in a second term to advance not the “New Deal,” but the “Jew Deal.”

In earlier times, the detractors of President John Adams contended he harbored secret ambitions to declare himself King and, despite Adams role in the American Revolution, as president he was determined to tighten bonds with England.

Andrew Jackson came to believe that the death of his beloved wife, Rachel, was a direct result of the vicious attacks directed at him, but aimed at her. One charge – the Jacksons were bigamists.

More recently, John F. Kennedy had to counter the widespread belief, advanced effectively by his political opponents, that his election as the first Catholic president was sure to install the Bishop of Rome – the Pope – as White House chief of staff.

George W. Bush had to contend with conspiracy theorists in the wake of September 11th and some Americans will never get over his “illegitimate election” by a 5-4 vote of the United States Supreme Court.

“Politics ain’t bean bag,” as they say, and for sure the game has always been played as a full contact sport. Good advice to any politician: Don’t climb in the ring if you can’t take a punch and a low blow has always been part of our politics. You want fair play – go to a cricket match

Still, the speed and viral nature of today’s rumor spreading, fueled by the Internet, 24 hour cable news, and bloviators like Lou Dobbs and Beck is nearly impossible to fathom or refute. Spreading rumors in the age of instant communication makes “old media” reporting, the kind that actually seeks out the facts, even more important as an antidote to the nonsense.

But, there is another old adage – the truth never catches up with the allegation – that keeps theses stories alive for days, weeks and beyond.

Considering all the rascals who have occupied the White House – from a secret Jew to a secret non-citizen – it is a real wonder the Republic has survived at all.

Allred, Stigers

An International Star…

Curtis StigersThis Guy is Good…

One of the most talented and nicest guys I have ever known, Curtis Stigers, has been nominated for an Emmy Award for the lyrics he wrote for the main title theme of the FX Network show – Sons of Anarchy. The nomination is in the category for Outstanding Main Title themes.

While Curtis played the famed Oak Room of New York’s Algonquin Hotel earlier this summer, his great popularity in Europe tends to find him touring there extensively. This summer and fall, he has many dates in Germany, Denmark and England. He played the prestigious Royal Albert Hall in London for the summer BBC Proms on August 1st.

Those of us lucky enough to see Curtis when he’s home in Idaho, may have a tendancy to take the guy’s international reputation a little bit for granted. After all, he’s the hometown boy who turns up regularly to headline a benefit concert for a good cause. His show earlier this year at the Boise Contemporary Theatre was as good an evening as any music fan could ever hope to enjoy.

He’ll have a new album out in the fall. A really accomplished singer, songwriter and mutli-instrument musician, Curtis Stigers is – even better – also a solid citizen and a caring guy blessed with a terrific wife and daughter. He is a great ambassador for Idaho and the country.

Congratulations Curtis…

Airport Security, Al Gore, The West, Theodore Roosevelt

How the West Was Saved

ConservationConservation Visionaries

Douglas Brinkley’s fine new book – The Wilderness Warrior: Theodore Roosevelt and the Crusade for America – tells the great story of how Roosevelt, the New Yorker born of privilege who became a westerner by choice, came to preserve during his presidency vast amounts – 230 million acres total – of national forest land, monuments, wildlife refuges and parks.

Roosevelt’s remarkable foresight keeps on giving. More than 100 years after TR’s aggressive use of Executive Orders and the Antiquities Act marked him as the nation’s foremost conservationist, we are still debating what to do with all he set aside. Thank the 26th president for not foreclosing our options all those years ago.

When some westerners speak dismissively of the unique American legacy of public ownership of vast amounts of beautiful, rugged, economically valuable, and often largely untouched land they tend to refer to the acreage as “federal land.” But that is inaccurate. The land belongs to all of us just as TR envisioned and every generation since Roosevelt has faced the task of reconcilining its stewardship responsibilities with the unrelenting pressure – and unrelenting need – to harvest timber, extract minerals, generate energy and generally support a modern society.

The debate over that stewardship of public land has often been shrill and polarizing, but that may be changing at least a little.

In a thoughtful piece in The Atlantic Jonathan Weber, publisher of NewWest.net, an on line magazine covering the west, extolled what may be a gathering trend – attempting to resolve age old disputes about western land management using collaboration and compromise right here in the west rather than resorting to bombast and lawyers.

Weber points to the approach pioneered in Idaho by Rick Johnson, the Executive Director of the Idaho Conservation League (ICL), that has helped engineer recent new wilderness protection for the magnificant Owyhee Canyonlands in extreme southwestern Idaho and will soon, we can hope, finally see through the Congress the long sought, often delayed protection of the Boulder-White Cloud Mountains in central Idaho.

Johnson – no relation, but a friend – has learned what some in the conservation community, and the national media, have yet to see: pragmatic, common sense conservation must be built from the ground up and it will always involve compromise. ICL has made common cause with two pretty conservative Idaho Republicans – Senator Mike Crapo and Congressman Mike Simpson – in the interest of moving the ball on wilderness protection, while also acknowledging the local need for economic stablity and jobs.

Montana’s new Democratic Senator John Tester is working the same trapline and I”ll be surprised if we don’t see more use of the model across the vast American west. It seems to be working.

I marvel at Teddy Roosevelt’s vision that encompassed creation of the remarkable system of national forests that provide us raw materials, fish and wildlife habitat, recreation and solitude. At the same time the man who hunted every type of African game and proudly saw to it that mounted heads graced the walls of his home and many musuems was also the bird loving creator of Deer Flat and Minidoka Wildlife Refuges in Idaho.

When I spent last Christmas at the picturesque old El Tovar lodge on the south rim of the Grand Canyon – the park was saved by Roosevelt from the designs of early Arizona miners – and walked in the snow along the trial overlooking what may be the most spectacular site in the country, I couldn’t help but feel immense gratitude for the old Rough Rider’s certainty that this marvelous place must be conserved for all of us and forever.

Thankfully TR had the vision to act as he did; mostly unilaterally and often in the face of powerful opposition. But, thanks as well for a new generation of westerners, of many political stripes, who realize a different time demands a different approach.

The great writer Wallace Stegner often made the point that westerners live with many myths, including the myth that the west was built by the hands of rugged individuals acting on their own. Not true, Stegner said. The west has been built through cooperation and government action including reclamation projects created 100 years ago and 2009 stimulus spending on everything from renewable energy to road and transit projects.

The west’s story has always involved much hard give and take. The west’s true rugged individuals realize that fact and are willing to summon the courage and sustain the energy to work and worry over the compromises that continue to make the west a place of hope, opportunity and awe.

As Roosevelt once said: “Do what you can, with what you have, where you are.” Good advice and not a bad slogan for the future of the American west.