The words “general welfare” have had the greatest significance in modern American life of any in the Constitution. Originally regarded by its 18th century Federalist creators as a restraint on federal power, the brake of general welfare has been transformed, retooled by the U.S. Supreme Court into a huge turbine, a supercharger that drives today’s...
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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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Storytelling
Constitutional lawyers like to tell the story (probably apocryphal, since it’s too good to be true) that, sometime in the 1960’s, when the Warren Court was engaged in its effort to rewrite the Constitution, one crusty old Harvard Law professor, upon reading the latest product from the Supremes, stormed into his constitutional law class, roared...
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SCOTUS v. U.S.
By the time you read this, nine Americans may well have declared the United States a nonentity. In April, the U.S. Supreme Court was supposed to decide on the constitutionality of Arizona’s SB 1070, the now-famous law that sought to stem the tide of illegal immigration into the state. The Obama administration struck quickly after...
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Justice Harlan’s Color-Blind Dissent
Supreme Court Justice John Harlan helped to shape the “color-blind” legal approach toward race in America, and his views were likely shaped by a man likely to have been his mixed-race half-brother.
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An Affirmative Action
The U.S. Supreme Court decision Schuette v. Coalition to Defend Affirmative Action, issued last spring, upheld a 2006 citizen-approved ballot initiative in Michigan to amend the state constitution to ban reverse discrimination in public employment, contracting, and education, including at the University of Michigan. The ruling ends a quarter-century battle that began when David Jaye,...
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Abolishing America
June was a depressing month for genuine conservatives. Apart from the Supremes putting their stamp of approval on ObamaCare, the horrifying murders of nine black churchgoers in Charleston, South Carolina, unleashed a jihad against the Confederate Battle Flag (Beltway “conservatives” piled on in support of the jihadists), while a majority of the robed Politburo found...
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A Look Ahead
IN THE SUPREME COURT OF THE UNITED STATES on writ of certiorari to the court of appeals June 26, 2013 (Justice Kennedy delivered the opinion of the Court.) The jurisprudence of liberty is a bright and shining star. Its twinkling arc across the sky of our constitutional polity signals the nation’s fundamental commitment to the...
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Antonin Scalia’s Flexible Constitution
Who is to decide? This question animated Associate Justice Antonin Scalia, who died of natural causes in mid-February. He was the longest-serving member of the current Supreme Court. Nominated by Ronald Reagan in 1986, Scalia was known for his acerbic wit and fidelity to the text of the Constitution, as understood by those who ratified...
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Clarifying Constitutional Law
The U.S. Supreme Court, many had hoped, would use this term to clarify constitutional law and move jurisprudence somewhat closer to the original understanding of the Constitution. The Court has yet to issue important opinions regarding school vouchers, partial-birth abortion, the Violence Against Women Act, and prayer at high school football games, but the latest...
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Re: Mr. Kirkwood and Mr. Piatak
I see by my mild defense of Roberts, I’ve made myself a friendly target and in bringing up the inevitable Supreme Court ruling on gay marriage, I’ve distracted from the implications of the Obamacare ruling. That was not my intent, but here we are. To Mr. Kirkwood: I think your characterization of Roberts...
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Free Speech or Federal Tyranny?
Today’s Supreme Court ruling in favor of the Westboro Baptist Church has encouraged many decent conservatives to think that the United States will not so quickly go down the garden path of political correctness as Canada and the EU. I think this view is seriously mistaken. As everyone knows, the Westboro Baptist “Church”...
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Chaos and Community
I tune the radio to WLS, and the insistent voice of Tony Brown breaks me out of my trance. It’s Saturday, December 9, the day after a bitterly divided Florida Supreme Court stretched (and possibly broke) Florida law in order to allow a statewide recount of undervotes in the presidential election. My family and I...
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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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Conspiracies Against the Nation
The Reagan Administration’s Baby Doe policy is finally being tested in the Supreme Court. Supporters see the law as a necessary guarantee of the rights of handicapped infants whose lives are threatened by selfish parents and amoral physicians. The Federal government has a positive obligation, they insist, to send investigation teams—Baby Doe Squads, as they...
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When Prayer Left Public Life
Sixty years ago the Supreme Court struck down school prayer. This hastened the process of overturning the Western tradition in which Christianity played an integral role in the life of nations.
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Judging Judge Gorsuch
A guide to the Neil Gorsuch nomination uproar: If you want the federal government to exercise greater and greater power over daily life in America, with minimum backtalk from us, the people, you deplore the prospective elevation of Neil Gorsuch to the U.S. Supreme Court. If, by contrast, you regard the expansion or contraction...
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All the Chips Are on the Table Now
“As everyone knows, I made it clear that my first choice for the Supreme Court will make history as the first African American woman justice.” So Joe Biden promised. Since the death of Justice Ruth Bader Ginsburg, however, Biden has refused to produce a list of Black female judges and scholars whom he would consider...
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Federales, Gringo Style
For most of American history, federal law enforcement consisted only of U.S. marshals serving in the territories of the West. Their legacy is decidedly mixed. Many were appointed purely for their political connections, and graft and corruption were not unusual. The first U.S. marshal for Colorado Territory was accused of embezzling federal funds. The third...
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On Ending “Gay Marriage”
Did I read aright the piece on “Gay Marriage” by Prof. William J. Quirk (“What’s Next for the Imperial Judiciary?” News, January)? When he puts forth his solution, it turns out to be the passage of a bill that will give the “last word” to “[e]ach state’s high court.” But as he himself points out...
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Abortion: Fetus Liberation Fronts
It is hard to see that much good has ever come from any of the various declarations of the rights of man. Such a declaration did not save the French from either Robespierre or Napoleon, and the constitution of the defunct USSR practically glows with liberal enthusiasm for human rights. For some strange reason, though,...
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The Supreme Court, Globalization, and the Teaching of Religion
Public figures talk about globalization as if it were the Rapture. We are told that, unlike Marco Polo and Christopher Columbus, we live in an era of international trade; so these days, we must worry more about what the world thinks and does. As Justice Sandra Day O’Connor told the Southern Center for International Studies,...
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Wheeler’s Progress
On October 15, 1905, Burton K. Wheeler stepped off a train at the Northern Pacific depot in Butte, Montana, thinking that he had seen more of the West than Lewis and Clark but wondering if his luck had run out. After looking up every lawyer in town (Wheeler had graduated from the University of Michigan...
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The Legacy of 1789
One man, one vote. It seems such an obvious, such a simple principle. What can possibly hinder its implementation in South Africa, where blacks are barred from the exercise of citizenship rights, or Israel, where West Bank Palestinian children take to the streets demanding self-government and civil rights, or New York City, where the Board...
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Media Matters: Another Inquisitor In Fighting ‘Hate’
The granddaddy of the “anti-hate” movement is, of course, the Southern Poverty Law Center, which has made hundreds of millions of dollars and ruined the lives of conservatives by using innuendo, guilt by association and outright lies to smear anyone it doesn’t like. And that’s just about anyone to right of, say, Che Guevara. One...
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The Wall: Moral and Good
President Donald Trump’s predecessors have circumvented Congress before on issues the legislative branch had tried to stop. They have redirected resources appropriated by lawmakers. They have resorted to the same National Emergencies Act that Trump is invoking in order to build the Wall along the country’s southern border. None of their actions triggered a reaction...
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Forgotten Strippers
In 1994, the Republicans, for the first time in 40 years, took control of both Houses of Congress. In 2000, after some controversy, the GOP secured the presidency. Now, they have lost both houses and look to be well on their way to losing the presidency in 2008. Parties lose when they don’t give their...
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Human Rights and Self-Government
In the United States, the federal system of government is undergoing profound changes that compel students of American politics to rethink traditional ideas about national identity. Questions such as: “What does it mean to be a citizen of the United States?” and “What are the duties and privileges of U.S. citizenship?” and “In what manner...
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In Praise of Elites
Being a lifelong elitist myself, I have long had a sneaking sympathy for a Trollope character, Sir Timothy Beeswax. In The Dune’s Children (1880), Beeswax is a dignified old politician who lives not for power but, quite unashamedly, for the trappings of office. Parliament, he believed, was a club so eligible that any Englishman would...
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Conservative Credo: Abortion Rights
ABORTION AS SELF-DENIAL In a rationalist system of ethics, every basic principle must be stated in universal terms in which “I” am denied a privileged perspective. I may not, for example, make rules that apply to everyone but me–only the Congress of the United States is free to do that. If I advocate an unrestricted...
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On the Fourth Amendment
In his December essay, “The Mark of the Beast,” Larry Pratt implies that those who oppose unconstitutional searches and seizures by the government should be in favor of the exclusionary rule. But such a rule, whereby probative (i.e., valid) evidence may not be introduced in court if it was obtained in violation of the Fourth...
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Liberal Elites Against Democracy
One of the great ironies of our present age is that democracy's would-be eponymous outfit, the Democratic Party, has become an enemy of democracy itself.
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Will ‘Lawfare’ Take Trump Off the Ballot?
Democrats have led their supporters to entertain a fantasy of winning by disqualifying Trump rather than beating him, but the scenarios don't work, and lawfare only breeds strife.
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Teflon Don Strikes Again
Trump's fight with our corrupt system is why his supporters can’t let him go. Who knows? It just might make him president again.
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Allowing Affirmative Action
The Supreme Court’s ruling allowing affirmative action at the University of Michigan but striking down the school’s system of racial quotas led Linda Chavez, in a syndicated column entitled “Supreme Mischief and Racism” (June 26), to warn against desecrating a sacred vision. Forty years ago this August, “the Rev. Martin Luther King gave a speech...
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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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Politics Make Strange Bedfellows
Politics, they say, makes strange bedfellows, but that’s nothing compared to constitutional amendment. A few weeks ago, I found myself testifying before the Constitution Subcommittee of the House Judiciary Committee, and on the panel with me, testifying in favor of the Flag Protection Amendment, were a former Miss America, a holocaust survivor, an African-American bishop,...
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Turmoil in Egypt
Last Thursday’s decision by the Supreme Constitutional Court in Cairo that Egypt’s parliament was elected unconstitutionally and should be disbanded is a direct challenge to the Islamists who dominate the legislature. The scene is set for a new political crisis in the Arab world’s most populous nation. It is obvious that the Supreme Council...
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The Most Desirable Option: Reeducating for Secession
In this age when the foundational idea of American federalism has become all but defunct and the concept of states’ rights still has the whiff of Jim Crow about it, it is difficult to see how either individual states or regions can have any significant influence on the federal government—even if they had legislatures interested,...
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As Cold as Charity
Did anybody notice when Catholic Christianity ceased to be a religion in the United States? Not when it stopped being a popular or even a permissible religion, but when it became simply a nonreligion? I ask this because a recent court decision in California threatens to launch a legal revolution, in a way that would...
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The Constitution, R.I.P.
On July 22 of this year, the Washington Times published, as the weekly installment of its “Civil War” section, a long article by a gentleman named Mackubin Thomas Owens, described as “professor of strategy and force planning” at the Naval War College in Newport, Rhode Island, under the headline, “Secession’s apologists gut Constitution, history.” The...
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The Most Dangerous Man in the Mid-South
This is the first of a series of first-person reports from American citizens who have run afoul of the bureaucracy. While we have made reasonable efforts to verify the accounts, the stories are personal statements of the authors. Almost 30 years ago, just a few weeks before I got married, I found a strange book...
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Beating Affirmative Action
Is the composition of the Supreme Court the be-all and end-all of important societal conflicts? Are there effective ways that conservatives can address these conflicts—manifest in political battles over such things as affirmative action—apart from the Court? The Supreme Court’s decision in Fisher v. University of Texas, handed down on June 23, means affirmative action...
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Trading Liberty for Security
Attacks on constitutional liberties, including the erosion of due-process protections for the rights to life, liberty, and property, tend to soar in wartime. The most egregious assaults have occurred during the Civil War, the two world wars, and, most recently, in the so-called War on Terror. Courageous individuals spoke out against the abuses during and...
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Going It Alone
As the high lunacy of the 1990 budget negotiations showed, America’s federal arrangement has been replaced by a confederation of special interests that have less in common than the former colonies—or even, perhaps, than the states that comprise the United Nations. America resembles more a League of Interests than it does a nation. The solution...
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The Teaching Evolution
The teaching evolution is back in the news, in a case that the media—with their usual sensationalism—are comparing to the Scopes trial of 75 years ago. On August 10, Steven Green, legal director of the Washington-based Americans United for Separation of Church and State, sent a letter to the Kansas State Board of Education, threatening...
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Mr. Lincoln’s War: An Irrepressible Conflict?
“[T]he contest is really for empire on the side of the North, and for independence on that of the South, and in this respect we recognize an exact analogy between the North and the Government of George III, and the South and the Thirteen Revolted Provinces. These opinions…are ...
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Re: Roberts Is No Warren
I certainly understand Mr. Oliver’s point, but I’m afraid he has misunderstood mine. Do I think that John Roberts has a burning desire to impose a “radical social agenda” on the country? No. But his unprecedented expansion of Congress’s power “to lay and collect Taxes” has given Congress a new tool to do just that....
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Brief Thoughts on a Justice Bork
I met Judge Robert Bork once, in the summer of 1989, when I was interning at Accuracy in Media. I was working on a feature story for the Washington Inquirer, AIM’s weekly newspaper, about the Smithsonian Institution’s use of tax dollars to fund the performance of Santeria and Palo Mayombe rituals on the Mall in...
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On Federalism and Flag-Burning
The Supreme Court, in the case of Johnson v. Texas, arrogated to the federal government the power to decide that all states must allow the public burning of the federal government’s flag. This decision clearly contradicted both the near unanimous understanding of previous Supreme Court justices, including such constitutional nihilists as Chief Justice Earl Warren...