February 13, 2012 Binyamin Rose: Back to the Bunker: How a life-risking act by a Christian family during the Holocaust saved a family and built a thriving community a world away Danielle Kurtzleben: The Peace Process is over. Finally Susan Johnston: The Myth of Economic Inequality Menachem Wecker: Business Schools Teach Real Estate Despite Troubled Housing Market The Kosher Gourmet by Diane Rossen Worthington: Farro Salad: An ancient grain is now new again as the base of a tasty tangle of flavorsome vegetables, chickpeas and salami February 10, 2012 Rabbi Nathan Lopes Cardozo: The biblical case against small-mindedness involved diminishing His precious prophet Caroline B. Glick: The Peace Process is over. Finally Lisa M. Krieger: Man with defibrillator demands access to his own heart's information David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage Rachel Koning Beals: Gen X Women Continue to Shrink Gender Investing Gap The Kosher Gourmet by Faith Durand: Who Says You Can't Make Restaurant Favorites at Home?: MANGO AND STICKY RICE February 9, 2012 Jeff Strickler: An argument a day keeps the divorce away, they say Clifford D. May: CAIR's Crusade against The Third Jihad Melissa Healy: Study finds jolt to the brain boosts memory Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation Emily Brandon: 10 Necessities for a Great Retirement Spot The Kosher Gourmet by Diane Rossen Worthington: Winter Squash and Red Swiss Chard Risotto is Colorful Cozy Cold Weather Fare (includes detailed dos and don'ts) February 8, 2012 Rivy Poupko Kletenik: Tree hostility: The auspicious history of the evolution of Tu B'Shevat Steven Emerson: Planting Trees is Racist?! Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups Anne Applebaum: Russia's Potemkin democracy Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs Emily Brandon: 10 Necessities for a Great Retirement Spot The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets) February 7, 2012 Kathleen Hennessey and Christi Parsons: Obama not worried that birth-control move will hurt his re-election chances with Catholics, other faithful Caroline B. Glick: Obama's rhetorical storm Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design David Francis: How to Avoid an IRS Audit The Kosher Gourmet by Emma Christensen: These homemade energy bars (3 recipes) are far better workout fuel than commercial ones, packing power and taste February 6, 2012 Scott Peterson: Iran's top ayatollah: We're trumping the West Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland' Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good Philip Moeller: Where Smart Investors Put Their Money Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard? The Kosher Gourmet by Joseph Erdos: Vegetable Frittata --- leftovers never tasted so scrumptious February 3, 2012 Rabbi Dr. Warren Goldstein: Living with ideals --- in reality Caroline B. Glick: Fool me twice Jonathan Tobin : Adelsonphobia Strikes in Nevada Caucus Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US Kimberly Palmer : 8 Ways to Get Ready for Retirement Now Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling The Kosher Gourmet by Faith Durand: A quick cookie recipe: Hazelnut and Olive Oil Shortbread: Sweet, Nutty, and Savory February 2, 2012 Rabbi Yaakov Rosenblatt : Welcome Home, Governor Perry Jim Carney: Wrong number call may have saved her life Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran Kelsey Sheehy : 5 Tips for Choosing an M.B.A. Concentration Rachel Koning Beals : Investors Increasingly Tap Social Media for Stock Tips Tina Susman: For woodchuck rescuer, every day is Groundhog Day The Kosher Gourmet by Leela Cyd Ross : Savory vegetable pie is a taste of European bistro with minimal effort and maximal flavor February 1, 2012 Nara Schoenberg: What to do when you've been dissed Michelle Malkin: First, They Came for the Catholics Brian Bennett: US officials see increasing threat of domestic attack from Iran Lisa M. Krieger: Possible breakthrough in preventing Alzheimer's Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures Susan Johnston: 5 Apps for Organizing Your Expenses at Tax Time The Kosher Gourmet by Mario Batali: The famed chef's Broccoli and White Bean Soup can easily be a lunch in itself, or a nice antipasto --- and is hard to mess up January 31, 2012 Paul Greenberg: Separation of Church and State works two ways Caroline B. Glick: Hamas and the Washington establishment Frank J. 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Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill Katy Hopkins: New budget rules may affect how much money you get for college The Kosher Gourmet by Emma Christensen: Barigoule is a light and tangy dish of artichoke hearts stewed in white wine January 26, 2012 Jonathan Tobin: Newt the closet anti-Semite? Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news Martin Peretz: One Year Later: The Failure of the Arab Spring Rachel Koning Beals: Need to Know info before investing in Muni Bonds this year Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report The Kosher Gourmet by Leela Cyd Ross: Curried Coconut Carrot Soup. 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Jewish World Review July 19, 2010 / 8 Menachem-Av, 5770 Look who's defending states' rights By Jeff Jacoby http://www.JewishWorldReview.com | One of the bigger tents in the history of American political thought, the one flying the "States' Rights" banner, has proved capacious enough over the centuries to accommodate everyone from Thomas Jefferson, James Madison, and John C. Calhoun to Strom Thurmond, William Rehnquist, and the defenders of Arizona's immigration law. Now a new champion of states' rights has appeared within its flaps: U.S. District Judge Joseph L. Tauro of Massachusetts. In a pair of opinions earlier this month, Tauro struck down as unconstitutional Section 3 of the Defense of Marriage Act, which defines "marriage" for purposes of federal law to mean what it has traditionally meant: the union of a man and a woman as husband and wife. In one case, Gill v. Office of Personnel Managment, Tauro decided that the 104th Congress could not have had a "rational basis" for defining marriage as it did -- he chalked up its motives (and presumably those of President Clinton, who signed DOMA) to mere "animus" and "irrational prejudice." From there it was a short hop to ruling that DOMA violates the equal protection component of the Fifth Amendment's Due Process clause. In short, Gill stands for the familiar liberal self-righteousness on gay marriage: If you don't agree with me, you must be a bigot. But what shall we make of Tauro's opinion in the second case, Massachusetts v. Dept. of Health and Human Services, which invalidates DOMA on the grounds that it violates the Tenth Amendment? That amendment provides: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Under DOMA, federal programs do not regard same-sex couples as married -- not even in Massachusetts, where same-sex marriage is allowed. Tauro held that to be an impermissible intrusion on "a core area of state sovereignty -- the ability to define the marital status of its citizens." Five times Tauro insists that each state has "exclusive" power to make rules about marriage. Even when it comes to the 1,138 references to marriage in the United States Code, he says, it is the individual state's definition that must prevail, and no other. Red-blooded states' right talk indeed! But hold on. The Defense of Marriage Act itself uphold the states' Tenth Amendment right to define marriage as they see fit. Section 2 of DOMA -- which is titled "Powers Reserved to the States" -- explicitly affirms that states that do not recognize same-sex marriage need not defer to the "acts, records, and proceedings" of those that do. What could be more states'-rights-minded than that? Plainly, Congress was not only aware the Tenth Amendment when it passed DOMA, but committed to defending precisely that "core area of state sovereignty" of which Tauro is so solicitous. Only when it came to the question of marriage within the context of federal law did Congress set male-plus-female as the national definition. But it could hardly have done otherwise -- after all, 45 states use the same definition. Yet Tauro maintains that in choosing the definition endorsed by nearly every state, Congress and the president offended the Constitution and flouted centuries of precedent. "Prior to DOMA," he claims, "every effort to establish a national definition of marriage met failure. . . . The federal government consistently yielded to marital status determinations established by the states." Not so. For the better part of 60 years, the federal government was uncompromising in its refusal to permit polygamy anywhere in the United States. The admission of Utah, Arizona, Oklahoma, and New Mexico as states was conditioned on their banning "polygamous or plural marriages . . . forever." That condition was spelled out in federal statutes -- statutes that to this day bar those states from altering that ban without the approval of the federal government. You don't have to be against same-sex marriage to dispute Tauro's notion that whenever a federal statute uses the word "marriage," it is state law that determines its meaning. Northwestern University law professor Andrew Koppelman, a gay-marriage supporter, points out an "obvious counterexample" -- federal immigration law: "In most states, the government doesn't involve itself in the reasons a couple marries, even if there's no love involved and the marriage is primarily a business transaction or a matter of convenience. But when people marry for immigration purposes, the federal government has no trouble deeming the marriage 'fraudulent,' even though it remains valid under state law." Still, let's say Tauro is right, and that under the Constitution, the rules of marriage are for each state to decide for itself. That can only mean that in the 45 states that don't permit gay marriage, Tauro wouldn't hesitate to dismiss a federal challenge aimed at legalizing same-sex wedlock. So if Tauro were the federal judge in California who is being asked to invalidate Proposition 8 -- the state amendment restricting marriage to opposite-sex couples -- he wouldn't hesitate to dismiss it. Surely, he would assert, the Tenth Amendment demands no less. Or does the judge's support for states' rights only extend to states where gay marriage is lawful? Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. Jeff Jacoby is a Boston Globe columnist. Comment by clicking here. Jeff Jacoby Archives © 2010, Boston Globe

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