It is past time that conservatives actually play to win at the U.S. Supreme Court.
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A Landmark Decision
The Supreme Court, in its landmark 6-3 decision in Atkins v. Virginia, has taken the penultimate step toward total elimination of the death penalty in the United States. The facts of the case are clear: Daryl Atkins and an accomplice plotted to rob a customer in a convenience store; abducting their victim, they took him...
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Dress Rehearsal for Impeachment
Judge Brett Kavanaugh’s nomination to the Supreme Court was approved on an 11-10 party-line vote Friday in the Senate Judiciary Committee. Yet his confirmation is not assured. Sen. Jeff Flake, Republican of Arizona, has demanded and gotten as the price of his vote on the floor, a weeklong delay. And the GOP Senate has agreed...
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Federalizing Funerals
The Westboro Baptist Church and its bizarre octogenarian pastor, Fred Phelps, won a major victory at the Supreme Court in March. In an 8-1 decision, the Court reversed a multimillion-dollar award to the family of Marine L.Cpl. Matthew Snyder, who was killed while serving in Iraq. In 2006, Westboro members showed up outside the fallen...
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Will Justice Amy Star in ‘The Five’?
By nominating Federal Judge Amy Coney Barrett to the Supreme Court, Donald Trump kept his word, and more than that. Should she be confirmed, he will have made history. Even his enemies would have to concede that Trump triumphed where his Republican predecessors—even Ronald Reagan, who filled three court vacancies—fell short. Trump’s achievement—victory in the...
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Sotomayor and the Last of the WASPS
If Judge Sonia Sotomayor is confirmed, the U.S. Supreme Court will consist of six Catholics, two Jews and precisely one white Anglo-Saxon Protestant in the form of Justice John Paul Stevens, who is 89 years old and boasts of two important WASP insignia: inherited wealth and a bow tie. He also thinks that Shakespeare’s plays...
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On a Supreme Court Appointment
Chronicles carries informed and very interesting articles. You have literate and intelligent authors, and I look forward anxiously to the arrival of each issue. I want to compliment you particularly on the article on the judiciary by William F. Harvey (“An Appointment to the Supreme Court,” Vital Signs, June). It is a tragedy that Judge...
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Sharpening the Swords
On June 25, one day before the U.S. Supreme Court declared that a man can marry a man and a woman can marry a woman, the Washington Post published an op-ed by Louise Melling, the deputy legal director of the American Civil Liberties Union. Miss Melling’s announcement that the ACLU would no longer support the...
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“Empathy” And The Court
The President wants an empathetic jurist to replace David Souter on the U.S. Supreme Court. He will likely get such a one. What the country will get in that event is one more senator or cabinet member—as straw boss, head knocker, high and mighty arbiter of high and mighty matters. A sort of modern Roman...
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Michigan’s Race Factor
The U.S. Supreme Court’s June 23 decision striking down the University of Michigan’s race-based undergraduate admissions policy ended a decade-long struggle started by university administrators and finished by conservative legislators and their grassroots supporters. On April 23, 1997, Michigan State Rep. David Jaye, a paleoconservative Republican from suburban Macomb County, sponsored an amendment to the...
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Forever 1965
In Shelby County v. Holder, the Supreme Court struck down the coverage formula of the Voting Rights Act of 1965 (VRA). Under the formula, states or their political subdivisions are “covered jurisdictions” if they maintained in the 1960’s and early 70’s tests or devices (e.g., a literacy test or moral character requirement) as a prerequisite...
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A Supreme Disqualification
In June, the U.S. Supreme Court once again trampled on the rights of the states. The media took little notice. Since it became a state in 1912, Arizona has had a citizenship requirement for voters. In 2004, the people of the state, in an effort to combat voter fraud, enacted Proposition 200. This initiative requires...
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Kim Davis vs. Judicial Tyranny
“If the law supposes that, the law is a ass—a idiot.” Charles Dickens gave that line to Mr. Bumble in “Oliver Twist.” And it sums up the judgment of Rowan County Clerk Kim Davis about the Supreme Court’s Obergefell decision, which said the 14th Amendment guarantees same-sex couples the right to marry. Davis refused to...
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America’s Christian Heritage
The phrase “America’s Christian Heritage” might irritate any hearers who do not want to be classed as members of the tribe that first received its name in Antioch (Acts 11:26). But wait: we recognize that one does not have to be a member of the family to be remembered in a will, nor be of...
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Old Testament, Yes; New Testament, No
U.S. District Court Judge Elizabeth Kovachevich here in Tampa ruled in January that it is all right to teach the Old Testament but not the New Testament in public high schools. Concerned that the state not sponsor religion, Judge Kovachevich permits “the history of the Bible” but not “the Bible as history.” So far so...
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Puppets and Their Masters
A naked boy runs down a crowded Italian street, chased by an angry old man. Grabbing the boy by the back of the neck, the old man shouts: “Just wait till I get you back home.” The crowd quickly takes sides against the old man, and when the carabinieri arrive, they take him off to...
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Killing Due Process in the War on Terror
One striking feature of the U.S. Constitution is the number of procedural rights guaranteed to individuals accused of criminal behavior before they can be deprived of life, liberty, or property. The overall guarantee of due process of law contained in the Fifth and Fourteenth Amendments constitutes the basic foundation, but there are many other protections. ...
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The Meaning of Donald Trump
Nearly half a year into the new administration in Washington, it remains too early to tell how many of President Trump’s unquestioned pratfalls and errors in judgment, most of them resulting from emotional indiscipline, stubbornness, and political inexperience as well as the necessary thicker skin experience would have given him, are attributable to the President...
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A Clever Diversion
Amistad Produced by Steven Spielberg, Debbie Allen, and Colin Wilson Directed by Steven Spielberg Screenplay by David Franzoni Released by Dreamworks If Amistad is not yet a household word like E.T. or Jurassic Park, it may soon be with the power of Steven Spielberg behind it. Amistad is really two movies. One, about the 19th-century...
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From the Archives: Term Limits in Illinois
The term limit issue has been sweeping the country. Since 1990, voters in 15 states have used the petition and referendum process to impose term limits on their state legislators. Earlier this year [1994] in Illinois, term limit supporters filed 437,088 petition signatures from almost every county calling for a statewide referendum on term limits. ...
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Abortion Letters
I would like to add three comments about Chronicles Editor Paul Gottfried’s acute analysis of America’s historical conflicts over abortion (“Feminism Left and Right Drove America’s Permissive Abortion Laws” January 2022 Chronicles). First, as I have documented in numerous publications, while I would never discount the influence of the women’s rights movement of the...
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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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Shadows in the Limelight
An American television viewer will witness more violence in a single evening than an Athenian would have seen during a lifetime of theatergoing. Acts of violence were virtually prohibited in Greek drama, and Aristotle goes so far as to argue against the use of “mere spectacle” to produce the desired catharsis of pity and fear:...
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Anarcho-Tyranny, U.S.A.
While violent criminals are given a pass to victimize and reoffend, the everyday American finds himself under the heel of an increasingly invasive and oppressive state.
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Leave the Scalia Chair Vacant
It is a measure of the stature and the significance of Justice Antonin Scalia that, upon the news of his death at a hunting lodge in Texas, Washington was instantly caught up in an unseemly quarrel over who would succeed him. But no one can replace Justice Scalia. He was a giant among jurists. For...
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The Mightiest Midterm Win
As the Midterm Apocalypse was sliced and diced on the Day After, pundits noted the “Kavanaugh Effect,” whereby Senate Democrats who joined in the smear-and-delay campaign against then-nominee Brett Kavanaugh lost their bids for reelection in states that had supported President Trump in 2016. On the other hand, Democrat Joe Manchin of West Virginia, moistened...
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How Conservatives Could Win
Republicans, after their comprehensive defeat on November 6, have been going through an identity crisis. Defeated Massachusetts Sen. Scott Brown said, “We need to be a larger tent party.” A Republican aide adds, “We need candidates who are capable of articulating their policy positions without alienating massive voting blocs.” The Economist advised that, if the...
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The Real American Dilemma
This remarkable editorial by Chronicles’ longest-serving editor offered one of the first and best analyses of America’s immigration problem.
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Killing Due Process in the War on Terror
From the October 2013 issue of Chronicles. One striking feature of the U.S. Constitution is the number of procedural rights guaranteed to individuals accused of criminal behavior before they can be deprived of life, liberty, or property. The overall guarantee of due process of law contained in the Fifth and Fourteenth Amendments constitutes the basic...
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A Storm in a Korean Teacup
On April 4 the Pentagon announced that it was sending a mobile missile defense system to Guam as a “precautionary move” to protect the island from the potential threat from North Korea. The Terminal High Altitude Area Defense system (THAAD) comprises ground-based interceptors in Alaska and California, as well as naval vessels capable of shooting down...
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Politics Is the New Religion
The term “political religion” designates the infusion of political beliefs with religious significance. Political religions involve grand plans to transform society into a new sacral order unrelated to how humans have lived beforehand. Political religions also typically divide people into the righteous and the evil based on whether they conform to its transformational vision. They...
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The Empire Strikes Back
Prosecutors pick the person or target and then go searching for the crime. Trump supporters are the latest most glaring example of this inversion of justice, which if often called "lawfare."
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The Roots of America’s Mentally Ill Homelessness Crisis
The deinstitutionalization of the mentally ill has intensified the homelessness crisis across American cities.
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How Far Will Trump’s Enemies Push to Drag Him and America Down?
As he completes his third week in office Donald Trump has already stunned the world with his “shock and awe” campaign to keep promises made when he was a candidate. The mere fact of a politician doing what he said he would do seems to have unsettled the nerves of his opponents. What is called...
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Excluding Muslims: Facts and Fictions
Donald Trump’s call for a moratorium on Muslim immigration has drawn fire from the establishment right. “It’s a violation of our Constitution, but it also undermines the character of our nation,” Republican presidential candidate Carly Fiorina told the Des Moines Register. National Review’s Jim Geraghty opined that Trump’s plan created a forbidden “religious test for...
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Champion of American Believers
Carole Keeton Strayhorn, the Texas state comptroller, has become the new champion of American believers. Her office is charged with determining what groups qualify for exemption from state taxation (including sales taxes, property taxes, and other state levies) as religious organizations. My ancient Concise Oxford Dictionary defines “religious” as “Imbued with religion, pious, god-fearing, devout...
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Falling In (and Out of) Line
As I write, we have reached the stage of the Republican primary cycle that, since at least 1988, requires a pronouncement from the highest levels of the GOP: Now is the time for other candidates to back out and for all Republicans to support the frontrunner. Continuing the battle for the nomination will serve no...
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Begging the Question
The Defense of Marriage Act is history—a development that should have surprised no one. I’m tempted to say, “Good riddance to bad rubbish,” but the fact that passing DOMA in the first place was one of the most disastrously stupid moves the Republican Party has made over the past 20 years does not change the...
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The Surveillance State Turns Twenty
Fifty-three years ago, in the fall of 1968, I was among a gaggle of idealistic first-year students sitting in a classroom at the Harvard Law School, where a crusty old professor advised us to study international law. In that discipline, “the dew was still on the grass,” he said. In those days, when many budding...
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On Quebec Separatism
I appreciate the extraordinarily well-informed commentary by Sean Scallon on the current political scene in Canada (“CRAP Happens,” Correspondence, October 2000). As I learned 20 years ago when I visited Quebec and met my French-Canadian wife, Anglo-Canadians are fond of pulling the wool over the eyes of Americans on the actual situation in Quebec. The...
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The Lavender Baboon
“O comrade lustrous with silver face in the night.” —Walt Whitman I first heard about “brain freeze” from an amiable fellow who was vending Italian ices. He pointed out that, if the ices were not consumed carefully, the freeze would penetrate the palate into the brain. In fact, I did experience brain freeze that way. But...
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The Cam Newton Republicans
Cam Newton’s petulance after the Carolina Panthers lost to the Denver Broncos largely eclipsed the splendid season Newton had had before the Super Bowl. Since Donald Trump essentially clinched the GOP nomination after winning over 50% of the vote in seven consecutive primaries, a number of conservative pundits and Republican politicians have begun emulating Newton’s...
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Good Country People
Loving Produced by Raindog Films Directed and written by Jeff Nichols Distributed by Focus Features Hacksaw Ridge Produced by Cross Creek Pictures Directed by Mel Gibson Screenplay by Robert Schenkkan and Andrew Knight Distributed by Summit Entertainment I first learned about miscegenation in 1958. A student in my high-school religion class asked our teacher, Father...
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Recall Election
A three-judge panel of the Ninth Circuit Court of Appeals surprised most conservatives and even a few liberals when it ruled that California’s recall election could not go forward on October 7 as scheduled, overruling a district judge and effectively overruling the California courts, which had rebuffed all legal challenges to the recall, and California...
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The Quandry of Tribal Sovereignty
Native American resistance, resilience, and perseverance remain prevalent. The limits of Native American sovereignty remain mysterious.
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Sacred Texts ’98
As readers of this delightfully passionate work will infer, the U.S. Department of Education is unconstitutional. Nevertheless, before it does the country a great service by abolishing itself, the department ought to issue a mandate requiring every secondary school in the nation to adopt the next edition of Reclaiming the American Revolution as required reading. ...
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Toilet Equality
Right before our eyes, we’ve witnessed a profound change in the way that American society treats the institution of marriage. Forget about the law—state or federal. This is a cultural shift, and we need to be aware of the way that the shift occurred. We can forget about the law, because one way or another,...
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Territorial Bliss
One consequence of the Cold War has gone unnoticed. Before the Berlin Wall fell and the Soviet Union collapsed, the United States had already ceased to exist. To fight the Cold War and in the name of national security, Washington had destroyed the political structure created by the U.S. Constitution—the well-defined union of states, which...
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Buchanan 92 ‘Culture War’ Speech Still Provokes
I can’t think of a political speech in recent decades that more rattles around the back of the conscious of the American mind than Pat Buchanan’s “Culture Wars” speech at the 1992 Republican National Convention in Houston. It even overshadows Reagan’s last major speech at the same convention before he slipped into the night of...
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Americans’ Right to Own Firearms
While it allows many controls, the Second Amendment to the Constitution guarantees to every responsible, law-abiding adult the right to own firearms. To the political philosophers who influenced our Founding Fathers, arms possession by good people was crucial to a healthy society. Thomas Paine foreshadowed current gun-lobby slogans (e.g., “When guns are outlawed, only outlaws...