Is Donald Trump a Burkean? Would Russell Kirk vote for him for president? Can a paleoconservative legal scholar imagine any benefit to a Trump presidency? Of course, the neoconservatives are piling on Trump. Most notable was National Review’s January 21 issue, “Against Trump.” “Trump,” say the editors, “is a philosophically unmoored political opportunist who would...
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Blacks on Abortion
The U.S. black population has been disproportionately devastated by the practice of abortion, yet many black leaders have been cajoled into dutifully mouthing the abortion politics of their white leftist overlords.
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“Roe vs. Wade for Men™”?
The schadenfreude in watching society collapse comes from knowing that leftist ideology, by way of the law of unintended consequences, ushered in the fall. Fifty years ago, no one would have thought that real men who instinctively protected women and children would transmogrify into eunuchs who send women into combat and murder the unborn. Yet,...
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Are All Court-Created Rights Now in Peril?
Progressives are worried that if Roe v. Wade is overturned, all their other agenda-driven, court-created rights will fall as well.
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To Catch a Terrorist
The watershed U.S. Supreme Court decisions Roe v. Wade and Doe v. Bolton, we are told, “empowered women” to control their lives. In reality, they empowered the Police State and set the U.S. Imperium on a trajectory where it not only could deny the personhood of the unborn but could legally classify whole groups of...
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No Piety, No Justice
“Human rights are not isolated, private, and ‘at war’ with each other,” explained Sue Ellen Browder, former journalist for Cosmopolitan and author of Subverted: How I Helped the Sexual Revolution Hijack the Women’s Movement. “Human rights are indivisible.” The occasion for Browder’s reflection was the 43rd anniversary of the Roe v. Wade decision, a date...
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Monument to the Myth
An Nea Grant has been awarded to an “artist” in Utah to erect a monument to the myth of a pre-Roe v. Wade “back-alley” abortion holocaust. Darin Biniaz, a 26 year old who has discovered that “art” is more profitable and less demanding than actual work, has received $2,000 to create a “sculpture” called “No...
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Panic on the Left
President Bush’s nomination of Judge John Roberts to the U.S. Supreme Court has caused something just a little short of panic on the left. The day after the announcement, the New York Times told its readers that Roberts and his wife, Jane Sullivan Roberts, are “devout Catholics.” The following day, a front-page headline proclaimed that...
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A Killing Privacy
Abortion is not something to discuss in polite company. Unlike a good, clean murder committed from natural motives such as revenge, envy, and greed, abortion is something slimy, more like a sex crime. Many parents must be tempted, from time to time, to commit mayhem upon their offspring. Such feelings are natural; but women who...
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A Third Way?
I went into the 2000 presidential campaign an enthusiastic supporter of Pat Buchanan’s bid for the White House as a third-party candidate. I emerged more convinced than ever that Buchanan would have made an outstanding president but skeptical that a serious right-wing party will be able to emerge, at least in the short run. I...
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Men in Black
The U.S. Supreme Court is like one of those dinosaur reconstructions at which children gape when they are taken to a museum. Not only is the Court today an imaginative reconstruction of something that no longer actually exists, it is so huge an institution that few Americans are able to take it in all at...
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Faux Originalism
Is Antonin Scalia’s originalism—indeed, constitutional self-government itself—passé? The eternal temptation to read one’s own values into the Constitution beguiles even religious conservatives espousing natural law. The U.S. Constitution is the “supreme law of the land,” whose ultimate interpretation is entrusted, by longstanding custom if not by explicit textual direction, to the U.S. Supreme Court. Accordingly,...
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The Courage to Defy Prudence
On February 22, the South Dakota Senate, by a vote of 23-12, approved legislation banning nearly all abortions in the state. On February 24, the vote in the South Dakota House of Representatives was 50-18 (H.B. 1215). Twelve days later, Gov. Mike Rounds signed the measure into law. President Bush criticized the law as too...
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Returning to Reality
And Jesus answering said unto them, Render to Caesar the things that are Caesar’s, and to God the things that are God’s. Go ye therefore, and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost . . . On February 28, as Pope Benedict...
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The Abortion Question
The abortion question seems to have reached an unfortunate standoff. Just as the federal judiciary has seen fit to allow more scope for pro-life legislation, it would appear that public opinion, registered in the election returns (as interpreted), has turned against the pro-life position. If it is true that Americans are more pro-abortion now than...
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Thanks, Christine
The ugliness displayed by the media and Democrats during the fight over Brett Kavanaugh’s nomination to the U.S. Supreme Court is yet another indicator of how far we have come from Hamilton’s conception of the federal judiciary as “the least dangerous branch.” Kavanaugh was nominated to replace Anthony Kennedy, who used his perch on the...
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The Lone Ranger’s Legacy
After serving for more than three decades on the U.S. Supreme Court, Chief Justice William Rehnquist died on Saturday, September 3, at the age of 80, having lost his battle with thyroid cancer. With Justice Sandra Day O’Connor’s recent announcement of her retirement, there are now two vacant seats on the Court. Just over a...
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A Lawyer’s Lawyer
Judge John Roberts of the U.S. Court of Appeals for the District of Columbia Circuit, whom President George W. Bush has nominated to take the place of retiring Associate Justice Sandra Day O’Connor, is what we used to call a “lawyer’s lawyer.” He comes from Harvard College, Harvard Law School, the Harvard Law Review, a...
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What Atheists Know
“When tenderness is detached from the source of tenderness, its logical outcome is terror. It ends in forced labor camps and in the fumes of the gas chamber.” —Flannery O’Connor In response to the charge of obsession with a “single issue,” pro-life activists contend that the abortion debate is really paradigmatic. As Joseph Sobran suggested...
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The Highlights and Lowlights of Last Night’s Debate
While Trump showed some rough edges and had some inarticulate moments, compared to Biden’s performance, he clearly did the better job of making his case to be the next president.
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A Perpetual Censor
When Supreme Court Justice Byron White announced his retirement from public life in March of this year, a shudder rippled down the spines of Washington conservatives. Previously, when one or another of the Court’s Nameless Nine had declared his intention to quit the pleasures of wrecking the laws and customs of local communities he had...
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Five Votes
“Much law, but little justice.” —Thomas Fuller With five votes around here you can do anything,” Justice William Brennan told his law clerks, thus summarizing the quintessence of Brennanism. That constitutional law is not something derived from the text, structure, and history of the various provisions of the Constitution but rather a creation of the...
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Gay Marriage: The Last Chance
“A Cinderella moment,” gushed a gay-rights advocate when the Supreme Court announced its two landmark decisions in June. California’s Proposition 8—an amendment to its constitution—went down (Hollingsworth v. Perry), as did the federal Defense of Marriage Act (United States v. Windsor). The New York Times saw a “huge and gratifying” victory for equal rights. The...
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Guns Incorporated?
The U.S. Supreme Court has agreed to review McDonald v. City of Chicago, a case that presents the watershed issue of whether the individual right to bear arms under the Second Amendment, established in 2008 in District of Columbia v. Heller, applies to states. Most Court observers agree that it appears very likely that the...
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Ex-Democracy in America
Let’s skip worrying about democracy in Ukraine, Crimea and Russia for a few minutes. And concentrate on democracy right here in America. Yet another federal judge overturned state laws banning the absurdity of same-sex “marriage,” in this case in Michigan. AP reported: “Federal Judge Bernard Friedman on Friday overturned Michigan’s constitutional ban, the latest in...
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Put Not Your Faith in Judges
Are there Bush judges and Obama judges? “No!” said the Chief Justice of the United States Supreme Court, John Roberts. Judges, he explained during his Senate confirmation hearings, are simply umpires, objectively attempting to follow the rules and call balls and strikes. The chief, let us say, was not being candid. Since 1881, when Oliver Wendell...
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Roe at 43: Defy It
Today, many souls are braving the weather in Washington, D.C., to testify to the truth that the United States is a rich gutter country that guts millions of babies, guts women, and has disemboweled herself in an act of worship before the god of Mammon. Steaming and bleeding on the ground before her staggering and...
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Trump’s SCOTUS Nominee: Don’t Trust, Just Verify
As I wrote on the Day After the Election, it is incumbent upon America’s Deplorables not to sit idly by, content with a mere victory in a presidential contest, as if suddenly all of our problems are solved. The rabid mainstream media, still licking its wounds, is working 24/7 to undermine any agenda item that...
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Trump, Abortion, and the 2024 Election
Overall, the pro-life cause must be less concerned with short-term tactical disagreements and more concerned with unanimity as to the long-term goal.
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A Third Way?
I went into the 2000 presidential campaign an enthusiastic supporter of Pat Buchanan’s bid for the White House as a third-party candidate. I emerged more convinced than ever that Buchanan would have made an outstanding president but skeptical that a serious right-wing party will be able to emerge, at least in the short run. I knew...
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Robert Bork, RIP
Today brings the sad news that Robert Bork has passed away. The sadder news for America, though, came in 1987, when the Senate unjustly rejected his nomination to the Supreme Court. There is no doubt that, had Bork been confirmed, Roe v Wade would have been overturned in 1992 when the Supreme Court decided Planned Parenthood v...
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Frozen Souls
Kelli Moye has become the pretty young face of America’s culture of death. Standing trial for the cold-blooded murder of her newborn daughter, she has provided us with a test case for Middle America. Should Roe v. Wade ever be overturned, states and municipalities will once again be free to pass legislation regulating abortion. How...
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Judge Roberts
As the U.S. Senate prepares to consider President George W. Bush’s nominee for the U.S. Supreme Court, John Roberts, there seems to be a certain ambiguity about Judge Roberts’ position on Roe v. Wade, the 1973 decision that made abortion-on-demand the “law of the land.” On the one hand, he is on record as saying...
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Why Roy Moore Matters
Why would Christian conservatives in good conscience go to the polls Dec. 12 and vote for Judge Roy Moore, despite the charges of sexual misconduct with teenagers leveled against him? Answer: That Alabama Senate race could determine whether Roe v. Wade is overturned. The lives of millions of unborn may be the stakes. Republicans now...
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Democracy and God
Since at least the 1960’s, federal judges in the United States have overturned a number of state and federal laws dealing, broadly speaking, with marriage, sexuality, and the family—most notoriously in the 1973 Roe v. Wade decision on abortion. And numerous commentators have pointed out the constitutional absurdity of these decisions, based on no clear...
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The Supreme Court and the Due Process Clause
In addition to endorsing the overturning of Roe, Justice Thomas's concurring opinion on Dobbs threatens other due-process legal precedents, such as those that have guaranteed a fundamental right to homosexual behavior and gay marriage.
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Life and Death in a House Divided
The Supreme Court’s recent decision to review a Missouri abortion case has raised the spirits of the pro-life movement. In his appeal, Missouri’s attorney general asked the Court to reconsider Roe v. Wade, the landmark civil rights decision that made pregnant women and their physicians sole arbiters over who is born and who is not...
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Why Is Japan Dying?
It’s Jan. 22, 2016, the 43rd anniversary of the Roe v. Wade abortion decision by the U.S. Supreme Court that has killed more than 60 million babies here. But this year, let’s turn to Japan. Fortune magazine ran an article titled, “Why Japan’s Economic Troubles Should Worry the U.S.” It warned that the world’s third...
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Leftists Bury Another Norm: Protesters Target Homes of SCOTUS Justices
Threatening protests outside the homes of conservative Supreme Court justices are the latest example of the left deciding to attack rather than persuade those who disagree.
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Abortion on the Rise
Abortion is on the rise in the United States—and has been since George W. Bush was first inaugurated President in January 2001. Current estimates of the number of abortions performed annually in America hover just above 1.3 million. What may astonish many of the “moral values” voters who reelected President Bush last November is that,...
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Burke on our Crisis of Character
Abandoning our tradition-based constitutional republic, whether for a mythical medieval shire, an idyll of Lockean abstractions, or even a Church militant, is neither necessary nor prudent.
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Our Constitutional Covenant With Death
“The compact which exists between the North and the South,” proclaimed William Lloyd Garrison in an abolitionist declaration of 1843, “is a covenant with death and an agreement with hell.” When the Southern states concluded that they were no longer bound by what their enemies regarded as a compact with the devil. Garrison and his...
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Polemics & Exchanges: October 2023
J. Douglas Johnson, executive editor of Touchstone Magazine, critiques Tom Piatak's column in the August issue, and Mr. Piatak replies.
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Cajuns Uncaged
While many modern historians, liberal politicians, and media elites would like to think that the very concept of “state sovereignty” died when Robert E. Lee offered his sword to Ulysses S. Grant at Appomattox Courthouse on April 9, 1865, the people of one state recently gave state sovereignty a ringing endorsement at the ballot box....
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The Fourth Choice: Ending the Reign of Activist Judges
If you are looking for a reason to vote for Ralph Nader, the way both parties are handling the “gay marriage” issue should give you lots of data. John Kerry, when asked his opinion of “gay marriage,” looks like a dog getting a bath, as Chris Hitchens puts it. Kerry says he personally opposes “gay...
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Books in Brief: September 2023
Short reviews of Tearing Us Apart, by Ryan T. Anderson and Alexandra DeSanctis, and Dollars for Life, by Mary Ziegler.
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“I’m Liberated; Free at Last!”
Pat Buchanan has taken more punches than Chuck Wepner, hut unlike the Bayonne Bleeder, Buchanan has a good right hook (or is it now a left?) of his own. The year began with Buchanan defending his feisty anti-interventionist manifesto A Republic, Not an Empire: Not since the days of Arkansas Sen. William Fulbright, the one...
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Do Androids Tweet…?
The America depicted in the news is every day coming closer to the dystopian future imagined by science-fiction novelists. I am not referring so much to the rising tide of violence and irrationality that has overtaken our society at all levels as to the systematic spiritual, intellectual, and social desolation of our public culture. One...
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The Democrats’ Bait and Switch
Former Ohio Governor Ted Strickland told the Democratic convention that Barack Obama was an “economic patriot” and blasted Mitt Romney for being an “outsourcing pioneer.” That is certainly the theme of the Obama campaign in the industrial Midwest. Any television left on in Ohio for more than 15 minutes is likely to broadcast an attack...
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The Lost Tribes of Israel
As Israel enters its 61st year, Israelis may look back with pride. Yet, the realists among them must also look forward with foreboding. Israel is a modern democracy with the highest standard of living in the Middle East. In the high-tech industries of the future, she ...