
The Bush Administration's U.S. Attorney General John Ashcroft's Interview with the Southern
Southern Partisan:
Senator, our subscribers followed the rise and fall of the McCain tobacco bill
very closely. The legislation was quite shocking in that it was even proposed,
then so many Northern Republicans jumped on-board with it. For those of our
subscribers who don't know anything about the tobacco legislation, what exactly
happened there?
Senator Ashcroft: The bill turned into a massive taxing and spending
bill. It was a way to extend government substantially under the guise of a
program to curtail smoking among teenagers. However, it didn't do anything to
place any responsibility on teenagers. The bill would have increased taxes, in
my judgment, by a minimum of $868 billion, and it would have created, according
to the bill itself, about 17 new boards, commissions and agencies. I was the
only person to stand up and vote against that bill in the Commerce Committee. (I
guess so many people thought that it was a lead pipe cinch, that the American
people would join with the President and his rhetoric rather than look at the
reality of the bill.) But, when we began to expose the nature and extent of
governmental extension in the bill, the first thing the proponents of the bill
did was to take some of the labeling out of the bill so that the new boards and
commissions would have a function. They were de-labeled and tucked into existing
Departments so that the extension of government became a stealth extension.
This bill was going to be rushed through prior to the Memorial Day recess after
an hour of debate. That's when I decided I would have extended debate! I don't
know how much you remember, but earlier in the Memorial Day week, I spent four
hours debating the bill without yielding the floor and signaled my willingness
to do so for an extended period of time. When they realized they were not going
to be able to carry this through at the high velocity they wanted (you know,
velocity is the enemy of reason) they fell back.
Tucked into this bill were just incredible things, like the $350 million a year
to be spent subsidizing overseas studies about the cost of smoking in other
cultures. I mean, $350 million a year! That averages $7 million a state. This
was flying under a masthead of teen smoking, but it turned out to be everything
from big government to internationalism, all financed under a tax on cigarette
companies. But it wasn't a tax on the cigarette companies at all. 59.4% of the
taxes would have been paid by people earning less than $30,000 a year. So what
you'd have is a massive tax for an extensive extension of government, and when
the American people found out what it was, my colleagues decided that they could
afford to join me in opposing it.
Southern Partisan: So many of us remember Ronald Reagan and his campaign
against big government, but we can't assume that every Republican is against a
more powerful Washington. Still, I'm surprised that so many Republicans fell for
this one.
Senator Ashcroft: Well, you know, I'll have to tell you, when the
President lines up on something, when he's the power behind something, so many
of our guys run to the pole, lower the flag and basically do what he thinks.
Frankly, we need to be looking at the substance of things to see if there is
something there worth fighting for. If there is, then we ought to take the
President on.
Southern Partisan: Another issue to do with the President is this idea of
an International Criminal Court. You've again been one of the few that has been
willing to stand up against that.
Senator Ashcroft: It's an outrage! It has the potential of subjecting
American citizens, (at least for their actions abroad and maybe for their
actions at home) to vague criminal charges that would spring from so-called
"crimes against humanity." Some of the things they're listing as
crimes against humanity are "enforced pregnancies." There are lots of
people who wonder if the culture would decide not to make abortion available,
would that mean that they were "enforcing a pregnancy"? For heaven's
sake, that would make withholding of an abortion a crime against humanity when
many Americans believe that providing an abortion is a crime against humanity.
This is a part of this administration's effort at international government, and
in order to govern internationally, they have to sacrifice sovereignty at every
turn.
You mentioned Ronald Reagan. Let me just run something by you. Ronald Reagan had
a profound impact in terms of the way the world operates. But it wasn't because
he would sacrifice sovereignty. Ronald Reagan did not see himself as a governor
of the world, he saw himself as a leader of the world. Instead of sacrificing to
some coalition or committee bits of U.S. sovereignty as a way of influencing the
course of world events, he would strengthen the position of the United States
and lead the world to his point of view. That's a profound difference.
Southern Partisan: On the local and national front, we have another
effort at twisting meanings and twisting history. Its this idea of national
history standards...
Senator Ashcroft: Revisionism is a threat to the respect that Americans
have for their freedoms and liberty that was at the core of those who founded
this country, and when we see George Washington, the founder of our country,
called a racist, that is just total revisionist nonsense, a diatribe against the
values of America. Have you read Thomas West's book Vindicating the Founders?
Southern Partisan: I've met Professor West, and I read one of his earlier
books, but not that one.
Senator Ashcroft: I wish I had another copy: I'd send it to you. I gave
it away to a newspaper editor. West virtually disassembles all of these
malicious attacks the revisionists have brought against our founders. Your
magazine also helps set the record straight. You've got a heritage of doing
that, of defending Southern patriots like Lee, Jackson and Davis.
Traditionalists must do more. I've got to do more. We've all got to stand up and
speak in this respect, or else we'll be taught that these people were giving
their lives, subscribing their sacred fortunes and their honor to some perverted
agenda.
Southern Partisan: A young lady in North Carolina was recently sent home
from school because she had a Confederate flag on her knapsack. What do you
think about those kinds of incidents?
Senator Ashcroft: Well, you know, I was down in Texas the other day, and
someone asked, "Where was Missouri in the Civil War?" I said,
"Frankly, it was in Texas." After Fort Sumter, the legislature
seceded, and they were run out when the federal troops came in and they set up a
government in exile down in Texas.
The right of individuals to respect our history is a right that the politically
correct crowd wants to eliminate, and this is just not acceptable. Take those
history standards: the standards make no mention of Lee's military genius! I
guess there's too much space devoted to Madonna.
Southern Partisan: As Southerners we worry a lot about states' rights
because we have been fighting for these rights for a long time; since the
founding of this country. Do you think states' rights is dead? Is there any hope
for restoring a true federal system?
Senator Ashcroft: A few years ago, when they celebrated the bicentennial
of the Bill of Rights, they asked me to be one of the guys who wrote the Tenth
Amendment portion. The Tenth Amendment was on life support systems then, there's
no question about that. But I think we're on the road back. Maybe this is just
an old patriot's desire to see a glimmer of hope in the embers and ashes of a
situation, but during my time as governor, the Supreme Court of the United
States handed down a decision called Gregory vs. Ashcroft. That was one of the
first Tenth Amendment cases that expressed a hint that there was still life to
be had. Justice O'Connor wrote, "In the tension between federal and state
power lies the promise of liberty." Those are profound words. If we lay to
rest the states' powers, there's no place, according to Justice O'Connor, for
liberty to reside. God help us if we no longer have a place for liberty!
That really was a fight that I waged against federal authority as governor,
because our law said that I could retire judges when they hit 70. They appealed
and said no, under federal age discrimination laws they had the right to stay ad
infinitum. I said, "I'm the Governor here. I'm appointing your
replacement." So we went all the way to the United States Supreme Court to
defend that. The Supreme Court said the State of Missouri had the right to
legislate in that area and that those judges were history. When the Court said
those judges were history, it basically said the Tenth Amendment wasn't history.
We come to U.S. vs. New York and now the Lopez decision. All I'm saying is that
these indicate there is still some fire left in states' rights. I'm not saying
we've arrived, but from my perspective, I agree with Justice O'Connor: "in
the tension between federal and state power lies the promise of liberty." I
believe that the Tenth Amendment, which was the capstone of our Bill of Rights,
does appropriately reserve powers to the states, and it is time for Washington,
D.C. to rediscover this founding principle, especially given the fact that the
courts have made something of a discovery of it.
I have to say this: I have been as critical of the courts as any other
individual, probably more than any other individual in the Senate. I have
stopped judges and I have argued against liberal expansionism and I will
continue to do so, but there are a couple of areas where the courts have
regarded the Constitution with respect, and I haven't seen the Congress do it.
Frankly, the court is signaling it's time for us to recognize as a federal
government, (and that would include the Congress), that there are rights, not
only inherent in, but protected by, the Tenth Amendment to the states.
Secondly, in the most recent affirmative action case (the Aderand case in
Colorado) the Court has indicated that quotas and preferences are not consistent
with the Constitution. What disappoints me is that the Senate, even after that
had been done in the United States Supreme Court, continues to pass into law the
same quota and preference system that was struck down in the Aderand case.
Southern Partisan: That's great. I did not realize that you'd been such a
big part of fighting the states' rights fight.
Senator Ashcroft: Well, frankly, there aren't any big parts. There are
just a lot of soldiers, and I happened to have been one of the soldiers at whom
they fired a shot. Like Churchill said: "There's nothing quite as
exhilarating as to be shot at and missed." They tried to take me out of
appointing the judges of the State of Missouri on the basis of an
interventionist federal age discrimination statute, and they missed on that.
That put my name in the history books.
Southern Partisan: My last question has to do with education: it seems
that whether you're a standard Old-Right conservative or a religious
conservative, education issues continue to rise to the top. What do you see as
far as education and particularly the danger of a power grab from Mr. Clinton
and his allies on Capitol Hill? Does it look like we're going to be able to stem
the tide against nationalization of education?
Senator Ashcroft: Well, you know my role in this. When they came along
with the federalized testing system, I was the only person in the Senate to
stand up and speak against it on the floor. I got 12 Senators to vote with me at
the time, but since then we've fought back. The last time we took a vote on
this, there were 52 votes and Jesse wasn't there, so it's safe to say that there
are 53 votes to deny any federal funding for the development, implementation,
deployment, or field testing of a national testing system. If you control and
specify the tests, you're going to control and specify the curriculum.
For me, education is far too important a thing to cede to faraway bureaucrats.
Education happens best at the hands of those closest to those being educated.
Moms and dads, school board members, teachers, and the local community are the
best educators, and whenever we try to expropriate from them and endow
bureaucracy here in Washington as replacements for moms and dads, school boards
and local communities, we seriously damage the educational potential of America.
We simply have to do everything we can to make it possible for people at a
fundamental level of society (it's cultural base, it's families, communities,
school districts) to make decisions which will result in far greater educational
achievement. Being against federal intermeddling in education is perhaps one of
the strongest things you can do in favor of student achievement in education.
Southern Partisan: Well Senator, we thank you so much.
Senator Ashcroft: I'll be seeing you.