“Knowing that religion does not furnish grosser bigots than law, I expect little from old judges.” —Thomas Jefferson A society governed by the judiciary—rather than by the will of the majority—displays odd characteristics. On July 29, 1994, a seven-year-old girl in Hamilton Township, New Jersey, was sexually assaulted and murdered. A neighbor who is a...
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Can American Legal Education Be Fixed?
Something has gone radically awry with legal education and maybe even legal practice. For about a decade now, the loudest wailing over the state of affairs has come from Chief Judge Harry Edwards of the United States Court of Appeals for the District of Columbia, who wrote a landmark article in the Michigan Law Review...
‘Tis The Season for Creche Suits
If it’s Christmas, then ’tis the season for creche suits, and this past December was no different. The Kentucky chapter of the American Civil Liberties Union filed suit against Gov. Wallace Wilkinson because the state constructed a Nativity scene on the front lawn of the Capitol in Frankfort. Children from the Good Shepherd School (Catholic)...
The Folly of Propositional Democracy
California continues its essential role as the proving ground for bad ideas. The latest is the demolition of “popular” initiatives to decide important issues. Of the 11 initiatives on the ballot last November in the Golden State, 8 were funded primarily by multimillionaires, according to MapLight, which tracks election funding. And Proposition 30, Gov. Jerry...
The Liberal Stampede to ‘Abolish ICE’
“No Borders! No Nations! No Deportations!” “Abolish ICE!” Before last week, these were the mindless slogans of an infantile left, seen on signs at rallies to abolish ICE, the agency that arrests and deports criminal aliens who have no right to be in our country. By last week, however, “Abolish ICE!” was no longer the...
The Strange Case of the Missing Constitution
Some acute scholar of future times, should there ever be such, will perhaps ponder over the very strange career of the United States Constitution—how it came, without changing a word, to be understood almost universally to mean things it did not mean and to be used for purposes other than, and sometimes the opposite of,...
Does the Federal Government Protect Private Property?
Thirteen of the British colonies in North America declared their independence in 1776 as the only means of preserving the life, liberty, and property of what was then declared to be the American people. It was generally understood, in light of John Locke’s 1690 Second Treatise on Civil Government (widely recognized in the late-18th century...
A Sentimental Education
From the October 2011 issue of Chronicles. Many Americans probably think that the Pledge of Allegiance dates to the time of the American Revolution, but it was written more than a century later, in 1892. They might be shocked to learn that it was written by a Christian socialist, and the sanctifying words “under God”...
Moonstruck Morality Versus the Cosmos
“Who is she that looketh forth as the morning, fair as the moon . . . terrible as an army with banners?”—Song of Songs 6:10 “Si direbbe che persino la luna si è affrettata stasera—osservatelo in alto—a guardare a questo spettacolo.” (“One might almost think that the moon—just look at him up there—hurried up tonight to...
A Revolution Delayed
If Donald Trump’s legion of enemies had the same grace they decry him for lacking, they would have had to admit that his re-election campaign was a bravura performance. Facing the combined opposition of the media, academy, entertainment industry, permanent bureaucracy, tech monopolists, and big money generally, Donald Trump crisscrossed the country in the final few...
A Familiar Phenomenon
Judicial tyranny is a familiar phenomenon as judges routinely take charge of school systems and strike down state laws on abortion, pornography, and murder. Recently, one federal judge has even changed the property taxes in Kansas City, MO, while a federal district judge in Des Moines upheld the right of convicts in Iowa to read...
Robbing Paul to Pay Paul
After 12 years under federal rule, Rockfordians are looking forward to the end of the People Who Care school-desegregation lawsuit on June 30, 2002. If the district administration and the school board have their way, however, the fat lady may not actually begin singing for another ten years. One of the many elements that has...
The Country Against the Empire
A prophet and a polemicist, David Gelernter displays anything but a light touch in this attack on “imperial academia” and what it has wrought. Like most prophets, Gelernter the polemicist hopes to be proved wrong. Perhaps, with our culture dismantled and the “Obamacrats” in charge, the contest is over—game, set, and match. Tennis was once...
Land Without Justice
Every month, some corner of the United States becomes the scene of a brutal and bizarre murder: in Jasper, Texas, where rednecks dragged a man to death behind their truck; in Las Vegas, where a high-school student assaulted and killed a little girl as his friend and fellow student looked on without lifting a finger...
Democrats and Republicans: An Election Meditation
Earnest readers want to know what the difference is between the two major political parties. I have tried to provide some helpful guidance. Democrat. Someone who believes that when people who have enjoyed a wealthy life but behaved badly get into trouble they should be rescued by non-wealthy people who have worked hard and played...
The Folly of À La Carte Immigration Enforcement
America’s political leaders are obligated to enforce all the laws on the menu, whether they like them or not.
Are Liberals Anti-WASP?
“A chorus of black commentators and civic leaders has begun expressing frustration over (Elena) Kagan’s hiring record as Harvard dean. From 2003 to 2009, 29 faculty members were hired: 28 were white and one was Asian American.” CNN pundit Roland Martin slammed “Kagan’s record on diversity as one that a ‘white Republican U.S. president’ would...
On Joe McCarthy
Philip Jenkins’ essay about McCarthyism (“Goodbye, Senator McCarthy,” Breaking Glass, May) was an exercise in retailing received opinions about the Wisconsin senator and his countersubversion efforts. Without offering specific illustrations, Professor Jenkins execrated Senator McCarthy as “a liar and a jerk of the first order” who conducted a “campaign of name-calling, accusations, and smears ....
Taking the Tenth
A year or so ago, a concerned citizen asked Carl Fox, our district attorney, to listen to 2 Live Crew’s nasty album As Nasty as They Wanna Be. Professor Henry Louis Gates, Jr., of the Duke English department had just argued in the New York Times that the album’s lyrics were a valid expression of...
A Nightmare on Elm Street
I have raised up a chosen man from my people, with my holy oil I have anointed him so that my hand is always with him and my arm strengthens him. A year ago, on the Feast of the Assumption of the Blessed Virgin Mary, Bishop Thomas G. Doran of the diocese of Rockford elevated...
Scouting and Sin
[This article first appeared in the January 1992 issue of Chronicles.] The Case Against the Boy Scouts The Boy Scouts of America have recently been accused of sins against Democracy, in the form of discrimination against atheists, homosexuals, and women. Four recent lawsuits have challenged the organizational prerogatives of the Scouts. The families of nine-year-old...
The Treason System
The Germans have a word for it: Schadenfreude. It means, literally, harm-joy, and refers to the nasty but common human tendency to rejoice when harm comes to someone else. In English, we don’t have the word, but we certainly have the phenomenon. Think of the nationwide jubilation over what happened to Richard Nixon (and, incidentally,...
The New Meaning of Conservatism
One of the most amazing and alarming features of the managerial system in the United States is its capacity to alter the meaning of things without changing their external appearance. This property is essentially what the Old Right political analyst Garet Garrett observed in his insight about “revolution within the form,” a concept he drew...
The Rise and Fall of the Texas Republican Party
How did the Texas Republican Party, which was in the forefront of the battles to win the Republican presidential nomination for Barry Goldwater in 1964 and Ronald Reagan in 1976 and 1980, become a wholly owned subsidiary of Karl Rove and George W. Bush? Today, the Republicans in Texas control every statewide elected office, yet...
A Corrupt Governor
George H. Ryan, Illinois’ Republican governor and bona fide “compassionate conservative,” has borrowed one from the Clinton playbook: He seems to think that a vast right-wing conspiracy has been out to get him since he took office, forcing him to decline to run for a second term. The real reason, of course, is that—due to...
Trump and the Pro-Life Dilemma
Pro-lifers upset with Trump mistake their situation. They're not missing an opportunity to declare a universal right to life; they're rather in a pitched battle to stop the other side from reestablishing a universal right to abortion.
THE UTOPIAN NIGHTMARE
If we cannot expect the peace people to listen to reason, it is because theirs is a movement springing from the decadence of Christian life and from the moral paralysis of those whose lives have been robbed of any transcendental dimension. The curious belief of the peace people that the specter of nuclear annihilation can...
California Surfs Toward Bankruptcy
Beach Blanket Bankruptcy would be a great name for a 1960’s-style surf movie about California’s state and local finances. Alas, although Frankie Avalon still is with us, the beauteous Annette has gone the way of fiscal solvency. Already in recent years, four Golden State cities have declared bankruptcy: Vallejo in 2008, and Stockton, San Bernardino,...
What Made the Founders Happy
[The Pursuit of Happiness in the Founding Era: An Intellectual History by Carli N. Conklin; University of Missouri Press; 254 pp., $40.00] The intellectual roots of the American founding and in particular the Declaration of Independence have long been a matter of debate. Over the years, several major interpretations emerged. The first and most venerable...
One Moment in Time
“You mean,” said Marina, “you mean that we’re sitting here over Hell?” “Over a hell, conceivably. There are many hells, and the same place may be Hell or Purgatory, depending upon the situation. Most of them are private.” Those words echo in my thoughts as we approach the building. Turner School, built in 1898, is...
Noncompliance
Noncompliance with the 1990 census was massive: the Wall Street Journal reported on May 21 that only 75 percent of the forms had been filled out and sent in, “down from 90 percent a decade ago.” That’s good. Passive resistance against such intrusions is the least we should expect of ourselves as citizens. Thirty years...
From One Assault on the Constitution to Another
The U.S. Constitution has few friends on the right or the left. During the first eight years of the 21st century, the Republicans mercilessly assaulted civil liberties. The brownshirt Bush regime ignored the protections provided by habeas corpus. They spied on American citizens without warrants. They violated the First Amendment. They elevated decisions of the...
Sustained Magnificence
Sixty-five years after the last guns ceased firing on the last Pacific atoll, Britons of all political persuasions are still wallowing in tepid World War II nostalgia. For Atlanticists, neoconservatives, and classical liberals, the war was a great Anglosphere achievement, a landmark en route to social mobility plus mercantilism. For nationalists and romantics, there is...
Call Me Simple . . .
But I don’t understand: Why the government spends billions on welfare but people keep saying hunger is a big problem. Why the government spends billions on education and the population gets dumber and dumber. Why the government spends billions on “intelligence” and defense but could not prevent September 11. Why pointless filthy language ...
The Unbanable Book
A recent full-page advertisement in the Chicago Tribune, which no longer calls itself “The World’s Greatest Newspaper,” listed four documents that supposedly are foundational: the Magna Carta, the Treaty of Versailles, the Declaration of Independence, and the Infiniti Retailer Pledge. These four, according to the advertiser, Infiniti, are totally trustworthy, because: “A promise is a...
Remembering Robert E. Lee
Forbearance is a moral principle from which General Robert E. Lee rarely if ever wavered, and his unflinching practice of that virtue is the primary reason that he should be remembered today.
The Flamingo Kid
It is a truism to note that H.L. Mencken, like his great vitriolic predecessor Jonathan Swift, was a thoroughgoing misanthrope. So perverse was Mencken’s vision of human existence that he preferred to read King Lear as farce rather than as tragedy—since nothing, he was fond of saying, could be more farcical than death. But if...
The Ten Commandments of Community
We are sailing into a new world of public policy—a world as strange and new as Columbus discovered. It is a world where infinite government demands have run straight into finite resources. It is an America made up increasingly of diverse people. At current immigration patterns, by 2040, there will not be a dominant ethnic...
Impractical Separation
An interesting debate on the right concerning the Supremacy Clause of the Constitution neglects to consider that the founder’s Constitution may no longer be our framework of government.
Campaign Finance Reform
Jack Tawil proposed a daring solution to balance campaign finance reform against the constitutional right to free speech: disconnect campaign contributions from sordid influence.
The Republicans and Abortion
Lucy just pulled the football away from Charlie Brown again. In the budget compromise that averted a government shutdown, it was the Republicans not the Democrats who blinked on the funding of Planned Parenthood, and it was the pro-lifers who look to the GOP and not the abortion supporters who look to the Democrats...
Origins and Outcome
To the degree that it is remembered at all, the America First Committee (AFC) has gone down in history as an organization most suspect, at best composed of good people serving a bad cause, at worst riddled with conscious agents of a Nazi transmission belt. During its heyday in the years 1940-1941, some of the...
Sharia Scores
On November 2, Oklahomans amended their constitution to prohibit their state courts from “look[ing] to the precepts of other nations or cultures” when adjudicating a case. The amendment specifically prohibits consideration of “international law or Sharia Law.” State Question 755, as the amendment is known, garnered the support of 70 percent of the citizenry. A...
An Absurd Episode
Hillary Rodham Clinton wasn’t the only politician at the annual Gay and Lesbian Pride March in Manhattan last June, but she got the most notice. The police had trouble controlling the crowd as she walked behind the Radical Faeries, which featured a man on roller skates who was wearing a silver cape, a tiara, a...
Tariffs and Delusions
Lenin may or may not have said that the capitalists would sell him the rope by which he would hang them, but the proverb is assigned to him for good reason. Any revolutionary who dreams of destroying the free-enterprise system can count on a valuable ally within the system itself, in the form of the...
The New Dual Monarchy
Canadians often try to explain the fundamental nature of Canada, both to themselves and to visitors, by comparing it with other countries. The United States most obviously comes to mind, especially since television has increasingly obliterated any differences in American and Canadian popular taste. But there are other analogies that are more instructive. Surface manners...
A Client State Pushes Eighty
The U.S. occupation and reconstruction of Japan began nearly 80 years ago and is considered by many to be an unqualified success. But Japan's national character was hollowed out in the process; what remains is a shell of a country still obedient to its conquerors.
Murder in the Wasteland
The mystery novel, to borrow a line from Original Sin, has all the virtues of its defects. “The mystery,” Baroness James explained in a recent Washington Post interview, “deals with the planned murder” and is thus confined to a certain formulaic structure in which a detective protagonist confronts an often unsavory lot of suspects, all...
Defining Relationships
The “Defense of Marriage Act” was making its way through Congress as these lines were being written. Having passed the House, the debate was turned, by the “good” offices of Senator Edward Kennedy, into a joint defense of marriage and homosexual rights bill. Gay activists were exultant that their concerns were getting a hearing in...
Ireland’s Anti-Christian Revolution
Secular anti-Catholicism can fairly be described as the ruling ideology of the modern Republic of Ireland. In no other country do politicians and the media so openly, persistently, and savagely attack the Catholic Church. In no other country do leading politicians seek to score political points by launching virulent attacks on the Church and all...