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Gazette (Newspaper) - June 30, 1991, Cedar Rapids, Iowa OPINION An independent newspaper established in 1883 Chairman of the Board of Directors Joe President and Publisher Ken Vice President and Treasurer Dale General Manager Jerry Editor of Editorial Pages and Editorial Board Chairman Mark Managing Editor Thurgood Marshall Defender of common man GAZETTE EDITORIALS Thurgood Marshall made his mark THOUGH IT could hardly be called a the resignation last week of Supreme Court Justice Thurgood 82, came as a jolt to many of the nation's The future now must be Only Justice Harry also 82, is a full-fledged That means the swing from the liberal Warren to the conservative Rehnquist is nearly President Bush's appointee to succeed Marshall surely will be a strict constructionist along the lines of his other David and Reagan appointees Antonin Anthony Kennedy and Sandra Day So in the term beginning in October clear into the next liberals foresee a whirlwind of change - an opportunity for the court to overturn crucial including the 1973 Roe vs. that set forth a woman's constitutional right to have an Such expectations seem overly Some justices over the years have shifted their Blackmun did leaning ever more leftward as the court tilted to the And Justice the court's first has moved toward the So despite Chief Justice apparent resolve to right the of the Warren his court won't necessarily be an unstinting champion of conservative you don't have to be a certified liberal to praise Justice Thurgood the Supreme Court's first black Having caught the public eye as NAACP legal director - especially with his magnificent advocacy in the Brown vs. Board of Education school desegregation case in 1954 - he continued as an unwavering defender of the common Though not among the most distinguished of Marshall contributed great conscience to the high Six years for he was virtually alone in questioning the constitutionality of the RICO law against Now that the statute is being used against people with no underworld Marshall is seen as No one expects President Bush to nominate a successor in the Thurgood Marshall One way for a president to put an enduring stamp on the nation is by finding Supreme Court nominees reflecting his point of But Bush should select a person - perhaps a member or a woman - like the estimable Thurgood has a demonstrable concern for the rights of the Scary to contemplate IT IS ABSOLUTELY not But the first vision that came to mind when we read about the lengths to which drug dealers have gone to ply their trade gives new meaning to the term sad to it promises to add immeasurably to the miseries of law enforcement The Associated Press recently noted that Colombian drug dealers now are using a mixture of cocaine and polystyrene plastic to fashion the drugs into shapes that can be shipped undetected into the United What that means is glass camera parts - perhaps even statuary the concoction apparently is undetectable by dogs or routine visual or chemical pretty said an officer in the Florida Department of Law Enforcement in a gross It further illustrates the lengths drug traffickers will go and the ingenuity they'll in making their lethal merchandise Too bad drug customers aren't smart enough to kick their conservatives will miss Marshall By NICHOLAS KATZENBACH Most of us associate Thurgood Marshall with the long struggle for rights for - with his two decades of leadership in the National Association for the Advancement of Colored People's Legal Defense his victories against restrictive covenants in housing and school especially his great victory of advocacy in Brown vs. Board of Education in 1954. But it is a mistake to think of him in such a narrow Marshall's focus has always been far more inclusive than His concern is with all people who do not enjoy the full benefits of a free His commitment has consistently been to the common man or to the belief that government and society must permit each individual to achieve to the limits of his or her intellectual and creative to the elimination of artificial barriers of arbitrary authority or to the proposition that the ordinary whatever his or her color or needs the protection of History will remember Marshall more for his years of advocacy than his years as a Supreme Court His is a career built more on passion than though intellect and eloquence he possesses in He will be thought of as a by those who assign he is in his passion for the individual a a democrat who cannot tolerate the arbitrary acts of governmental bureaucracy in its unconcern for individual Most of he is and always has on and off the the advocate of ordinary Consider these words from a dissent and ask who else could have written may be easy for some people to think that weekly savings of less than are no But no one who has had close contact with poor people can fail to understand how close to the margin of survival many of them A sudden for may destroy whatever savings they may have and by eliminating a sense of security may destroy the incentive to save in the A pack or two of cigarettes may for not a routine purchase but a luxury indulged in only The desperately poor almost never go to see a which the majority seems to believe is an almost weekly They have more important things to do with what little money they is perfectly proper for judges to disagree about what the Constitution But it is disgraceful for an interpretation of the Constitution to be premised upon unfounded assumptions about how people And this view of the Constitution written in its bicentennial true miracle was not the birth of the but its a life nurtured through two turbulent centuries of our own and a life embodying much good fortune that was Marshall's era was marked by the removal of barriers unconstitutionally built on racial of the expansion of rights for all individuals irrespective of race or Now the pendulum swings away from individual rights toward more deference to governmental Whether writing for the court majority or in his is a voice that all of liberal or should miss. Nicholas Katzenbach was U.S. attorney general in 1965-66, when Marshall was solicitor Los Angeles Times Service Yugoslavia's minorities go own way By ROBERT HAYDEN It is tempting to see the announced secession from Yugoslavia of the republics of Slovenia and Croatia as a victory for as the latest and perhaps ultimate step in a contest between these republics and the regime in Serbia and the communists in the The reality is hardly In all the Yugoslav but particularly in Serbia and the democratization of politics and the free elections of 1990 have produced nationalistic regimes that are veering toward totalitarianism in their rigid control of the press and use of the machinery of the only major political force that supports democratic freedoms and a market economy is the federal government of Prime Minister Ante a government that is an unelected carryover from the old In 1990, the electoral message that worked in each republic was one of strong ethnic that Slovenia is the state of Croatia the state of Serbia the state of in which minorities would enjoy little Yet the minorities are perhaps 15 percent in 25 percent in and more than 30 percent in The tenor of the nationalistic the ruling parties in Croatia and Slovenia might be compared to that of the American South in the 1950s and early 1960s, when the way to power was to be most firm in treating the The nations of Yugoslavia historically have had periods of good but have also en- AP photo Yugoslav army armored personnel carriers stop in a village after smashing civilian and police cars last week not long after Slovenia officially declared gaged in mutual hatred and With such historical any regime that wanted to avoid trouble would be solicitous of the feelings of the the new having come to power on nationalistic are antagonistic toward the minorities within their In where more than 600,000 Serbs and where some areas are almost entirely the newly elected government in 1990 antagonized the minority instituting a state emblem that was very similar to that of the wartime fascist and then began a process of removing Serbs from At the same the Croatian government armed an ethnically pure Croatian paramilitary In and goaded by the Serbian Serbs in a area of Croatia have armed and declared their secession from Tensions within and between republics have been kept at high pitch by a civil between the major media in each and despite their claims of the three major republics have seized control over the radio and major press outlets within their and have prevented or severely hindered the activity of the federal television channel created by Prime Minister Markovic In this situation of rising hostility between increasingly nationalistic republican the only voice of reason has been that of who has attempted to implement economic and political reforms despite These reforms have been blocked by Slovenia and The Yugoslav castigated by Croats and Slovenes as has taken a principled stand of intervening only to break up the army has been called upon to keep order and to prevent the breakup of the But why shouldn't Yugoslavia break Primarily because to do so would only condemn the Yugoslav peoples to economic chaos and perpetual armed To avoid that a truly federal structure is one that provides mechanisms for ensuring human rights in the face of nationalistic for ensuring a market economy in the face of and that prevents the establishment of competitive republican armies by instituting a truly joint system of the governments of Slovenia and Croatia will not even consider any kind of true federal By their actions and their the governments of Serbia and Slovenia offer nothing but economic chaos and interethnic within and between Far from being a triumph of the secession from Yugoslavia of Slovenia and Croatia is a manifestation of the dark forces of nationalism that have driven Europe to two major wars in this Robert Hayden teaches anthropology at the University of He has done extensive research in The Baltimore Sun They knew government would grab too much power Spending is out of control like a Taxes are higher than they have ever been - even in Laws and regulations are passed by the thousands - incomprehensible to virtually Legislators have terms as long as the kings of As we celebrate our independence this shouldn't it cross our minds that perhaps we have squandered that Antifederalist argument today's sad state of affairs was predicted by those who opposed passage of the Called the they believed the Constitution would create too powerful a national it was their opposition that forced passage of the of without which today we would have precious little George James Alexander and opposed passage of the of They felt the Constitution strictly limited the powers of They were Thomas Jefferson saw seeds of danger which might have been kept out of the sight of the framers by a consciousness of their honesty and a perspective that all succeeding rulers will be as honest as John Quincy Adams was more if there shall be any limits to the power of the Federal they will only be such as they themselves shall be pleased to Maryland Attorney General Luther Martin noted once granted works to expand it at the expense of rights reserved to until they end in New York City lawyer Smith a government once is in it acquires strength by habit it by insensible one right from the people after until it rivets its powers so as to put it beyond the ability of the community to restrict or limit it. It MICHAEL DAVIS is a corporate attorney in Des He formerly lived in Cedar is much as well as to enlarge the powers of your if they should prove not sufficiently than it is to abridge them if they should be too New York Governor George Clinton risque by indispensably placing trusts of the greatest into the hands of whose ambition for and will oppress and grind Robert Yates of New York feared the great power of taxation in the has no bounds set to it but the discretion of those who exercised Patrick me liberty or give me Henry by the power of by that of raising an and by their control over the have the sword in one and the purse in the Unless a miracle in human affairs no nation ever retained its liberty after the loss of the sword and Pennsylvania Antifederalists excisemen and the whole host of revenue officers will swarm over the devouring the hard earnings of the Many Antifederalists rejected the Constitution because it allowed for the continuation of Col. George Mason of a delegate to the Constitutional Convention who refused to foreshadowed a coming of slaves weakens and such a trade is diabolical in itself and disgraceful to by this it is continued for twenty The Philadelphia Independent Gazetteer opined that we must an end to an odious traffic in the human species is especially scandalous and inconsistent in a who have asserted their own liberty by the Judge Rawlins Lowndes of South Carolina wished this epitaph on his lies the man that opposed the because it was ruinous to the liberty of Historian and journalist Jeffrey St. John in Child of which these quotes are describes the Antifederalists as those who believed when man is entrusted with experience has proved that he is so corrupted by it that only a severe decentralization and fragmentation of power in the long save personal liberty from being Looking in wrong direction as we continue to mistakenly look to governmental solution to our perhaps we should reflect on the thoughts of a whole new set of American heroes during this Independence Day For the were As we continue our descent - the savings and loan the public education the welfare the massive budget racial quota legislation - the sobering words of Patrick Henry call us to an awesome any government shall be found inadequate a majority of the community hath an unalienable right to or abolish That after is what we are celebrating this
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