“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...
“Her mind is shot.” That was the crisp diagnosis of Donald Trump on hearing the opinion of Justice Ruth Bader Ginsburg on the possibility he might become president. It all began with an interview last week when the justice was asked for her thoughts on a Trump presidency. Ginsburg went on a tear. “I can’t...
When Canada’s federal government committed the country to two official languages, it set the scene for the social revolution that has since been foisted upon the Canadian majority. That was in 1969, when Pierre Trudeau’s Official Languages Act declared English and French to be the official languages of Canada, possessing and enjoying “equality of status...
Americans view liberty as a birthright guaranteed by a written Constitution and Bill of Rights. Feeling overly secure in their liberties, most cannot imagine any branch of the federal government abrogating constitutional rights such as the freedom of the press or of assembly. These First Amendment guarantees are enshrined in the Bill of Rights in...
Prominent figures on the intellectual and political right are increasingly questioning the superiority of markets over government. In the cultural realm, that argument has a long history, with traditionalists arguing that market forces undermine morality and cause an ever-increasing vulgarization of culture and society. Libertarians agree that this is true but celebrate the outcomes, or at...
Times of crisis are not distinguished by respect for rights—although, paradoxically, all revolutions claim to be mounted in the name of rights. During our War of Independence, criticism of the patriot cause was an invitation to a lynching, and Jefferson defined the Tory as “a traitor in thought, if not in deed.” In 1773 George...
A college friend of mine once said that, when she walked out of her last American-history final, she thought she would never again have to wonder what all the fuss was about Marbury v. Madison. So when I saw Marshall DeRosa’s piece “Marbury v. Madison: The Beginning of Sorrows” (Views, May), I thought I would...
Bitter attacks, tenacious defenses, and great promotion—not to speak of the best TV in a generation—have made David Brock’s book on The Real Anita Hill a best-seller. As Brock admits, he proves neither Clarence Thomas’s innocence nor Anita Hill’s perfidy. But by scouring the transcript of the Senate hearings, he does show that Hill’s reputation...
On February 6, 1998, the Mexican consul general in California, Jose Angel Pescador Osuna, spoke at the Southwestern School of Law in Los Angeles as part of a symposium on the 1848 Treaty of Guadalupe Hidalgo, which gave the Southwest to the United States. Osuna proclaimed, “And even though I am saying this part serious,...
Kim Davis, the Kentucky clerk who was jailed for refusing to give out marriage licenses to gay couples, is out of the clink at last. But in political and cultural regards, her nation and ours is not in the clear. Moral consensus has broken down, resulting in the empowerment of the strongest, the best connected,...
In March, Americans braced for the nationwide “March for Our Lives,” and what they witnessed was the latest battle in the culture war, with children paraded through the capital as nouveaux Jacobins. “This is the beginning of a revolution,” declared anti-Second Amendment activist David Hogg, a teenage peddler of leftist propaganda who has taken on...
The Ultimate Homeschool. “ . . . redeeming the time, because the days are evil.”—Ephesians 5:15 “Go day, come day. Lord, send Sunday.” My paternal grandmother could be counted on to say these words at least once per week. Whether burdened with some mundane task or confronted with the evidence of human frailty, the prospect...
Elbridge Gerry’s infamous salamander district pales in comparison to the monster- like menagerie birthed in redistricted states that fall under the preclearance requirement of Section Five of the federal Voting Rights Act. Although Virginia’s state constitution requires that “every electoral district shall be composed of contiguous and compact territory,” the feds overruled it and mandated...
“Glorious things are spoken of thee, O city of God.” —Psalms LXXXVII This rich and complex book is on one level the summing up of a controversy over a properly Christian, specifically Catholic, view of politics which has pitted the author, a theologian, against certain “neoconservative” thinkers, notably Richard Neuhaus, Michael...
Almost alone among the peoples of the world, the United States has largely been spared—at least until recently—the bitter conflicts that plague countries whose citizens do not share a common language. Since the early 17th century, immigrants from diverse backgrounds have settled here. In the past, it was understood that in exchange for enjoying opportunities...
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.
A legal execution occurred last summer in South Carolina, the first in about two years. Donald (“Pee Wee”) Gaskins, a rural Bluebeard credited with 16 murders, was embraced by the electric chair amidst general public relief and the usual candlelight vigils by opponents of capital punishment. The public satisfaction, however, if it rests on a...
Democrats are likely to face insurmountable partisan, demographic, and policy challenges during the final weeks of midterm election campaigning.
The whole truth about Lincoln’s war to prevent 11 American states from forming a federation of their own cannot be understood unless it is seen as an extension of a brutal process of centralization that had been going on in Europe since the 13th century. Medieval Christian civilization contributed to political philosophy by introducing a...
In Washington, D.C., access and influence go hand-in-hand; they are the stock and trade of the lobbyist, the lawyer, and the political advisor. They are, as well, the biggest “skill” current officeholders and staff members can take with them when they leave the government. —from Pat Choate, “Puppets for Nippon,” May...
“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...
“When family pride ceases to act, individual selfishness comes into play.” —Tocqueville “Happy families are all alike; every unhappy family is unhappy in its own way.” I’ve always thought that Tolstoy underestimated the variety of happy families, but his dictum definitely holds true from at least one point of view, that of family law. While...
“ . . . redeeming the time, because the days are evil.” —Ephesians 5:15 “Go day, come day. Lord, send Sunday.” My paternal grandmother could be counted on to say these words at least once per week. Whether burdened with some mundane task or confronted with the evidence of human frailty, the prospect of the...
What is the justification for abortion? Is abortion a moral or therapeutic concept? Medical or legal? Sociological or personal? These considerations underlie Gosnell: The Untold Story of America’s Most Prolific Serial Killer, a narrative of the comprehensive criminal enterprise of Kermit Gosnell, M.D., Philadelphia’s notorious baby killer and drug trafficker, by the Irish journalists Ann...
Yes, Virginia, there is a religious war going on. It is for the soul of America. And traditional Christianity is besieged. In a January visit to the Vatican, American bishops were warned by Benedict XVI that “radical secularism” posed “grave threats” to their Catholic faith. Your religious freedom is being circumscribed, said the pope....
Few people have been so hated that their enemies have disrupted their funeral processions in an attempt to throw their coffins into a river, but that is precisely what happened to Pope Pius IX on the night of July 12, 1881. Amid the heated debate surrounding Pio Nono’s beatification this past September 3, a few...
Yes, Virginia, there is a religious war going on. It is for the soul of America. And traditional Christianity is besieged. In a January visit to the Vatican, American bishops were warned by Benedict XVI that
“Whatsoever thy hand findeth to do, do it with thy might.” —Ecclesiastes 9:10 The Gilded Age still exerts a strange pull on the American imagination. It was a time of larger-than-life people and larger-than-life business entities. It featured conspicuous consumption—including palatial mansions, yachts, international travel, and international scandal—that seems almost to exceed anything we have...
Back in December of 2020, then President-elect Biden said that he would not make vaccines against COVID-19 mandatory, nor did he think they should be mandatory. Given the new vaccine mandate by the White House, set to affect nearly 100 million Americans by some estimates, one reasonably conclude that Biden misled the people. However, Biden’s...
American soldiers stumble upon a secret dungeon and discover dozens of emaciated prisoners—173 of them, to be precise—who had simply vanished from the face of the Earth over the previous weeks and months. Horrified GIs walk wide-eyed through the stinking chamber of horrors whose inmates grasp with difficulty that their ordeal is over. Most of...
Chronicles readers discuss Taki's controversial December column on Palestinian misery, also, some praise for Stephen Presser's recent review, "Scalia Gets the Biography He Deserves."
For John Roberts, it is Palm Sunday. Out of relief and gratitude for his having saved Obamacare, he is being compared to John Marshall and Oliver Wendell Holmes. Liberal commentators are burbling that his act of statesmanship has shown us the way to the sunny uplands of a new consensus. If only Republicans will...
President Joe Biden recently accused Trump voters of embracing "semi-fascism." Friendships can be forged across partisan lines, but it's rather difficult to befriend a "semi-fascist," isn't it?
Yes, the Irish caved in and reversed their vote against the European Union’s Lisbon Treaty. Gutless? Of course. But I’ve spent too many years in Dublin and Cork to be surprised. The Irish did the same thing when they voted no to an earlier treaty in June 2001. The next year they gave in to...
Prima sedes a nemine iudicatur: “The First See is judged by no one.” Thus reads Canon 1404 of the current Code of Canon Law of the Latin Rite of the Catholic Church, and Canon 1556 of the previous code. Romanus Pontifex a nemine iudicatur: “The Roman Pontiff is judged by no one.” That is Canon...
Years ago, a Christian evangelist friend of mine complained about doing the Lord’s work in the South. Everyone is a Christian there, he lamented, whether or not they really are one. His point was well taken. It is hard to separate the wheat from the chaff, which is a problem not just for Christian evangelists...
This remarkable editorial by Chronicles’ longest-serving editor offered one of the first and best analyses of America’s immigration problem.
In the early 1980’s, the Reagan Justice Department announced a far-reaching “war” to free the United States from illicit drug use. There was skepticism at the time that government actions could cause such a fundamental change in entrenched public attitudes and behaviors, and there were different views about the means by which such a war...
The America First Committee emerged nationwide in the summer of 1940 from the initial efforts of Gerald Ford, Potter Stewart, and other Yale Law School students, seconded by law professor Edwin Borchard. It evolved amid the American political cataclysm following Franklin Roosevelt’s landslide election to a second term in November 1936. The mandate to institute...
You really can’t have “gay marriage,” you know, irrespective of what a court or a legislature may say. You can have something some people call gay marriage because to them the idea sounds worthy and necessary, but to say a thing is other than it is, is to stand reality on its head, hoping to...
“In the Name of the most Holy & undivided Trinity.” A Thus begins the Treaty of Paris (1783) by which Great Britain formally conceded the existence of the independent United States of America. This matter-of-fact invocation of the Triune God of Christianity stands in sharp contrast to the stirring tributes to human authority in the...
A Martian attending Inauguration Day ceremonies might be curious about the book upon which the President lays his hand as he takes the oath of office. “That,” we would tell him, “is the Bible, a book of Scripture sacred to most American citizens.” “I see,” our alien friend responds, “and therefore your President is obligated to...
When the French historians of our epoch apply their magnifying glasses to the momentous developments of the first two months of this year, most of them, I think, are likely to conclude that the decisive factor leading to the historic National Assembly vote of February 10—when a massive majority of 494 deputies, compared with only...
When the people’s fundamental law is ignored by the legislature, the remedy is typically to elect new representatives to set things right. If the people’s fundamental law is transgressed by the courts, the correction is often not so easy. Many judges are appointed for life and never have to face the electorate. Others are appointed...
Donald J. Trump is the political issue of our time. Yet Mr. Trump is, in a very real sense, peripheral to present events. He is a result, not the effective cause; a symptom, not the disease. The significant thing is not the rebel candidate but the crisis of the Republican Party, so long arriving, which...
It is not an exaggeration to say that everything is on the line this Tuesday.
The regime we live under—the regime of the United States Constitution—began with a set of clear understandings. One was that the federal government was to be the servant of the people. It was to be confined to the specific powers the people “delegated” to it, pursuant to the general welfare and common defense of the...
Sen. Rick Santorum is the latest Republican political leader to walk down Trent Lott’s trail of tears. Why do Republicans continue to make these gaffes? Most politicians, after all, have spent their entire lives since elementary school telling people what they want to hear, and they ought to realize that the power they hold in...
America suffers from a great divide that goes far beyond our clashing views of Jan. 6 and the Mar-a-Lago raid. Americans need to find common ground again.
Judge Danny Boggs of the U.S. Court of Appeals for the Sixth Circuit is, for believers in the rule of law, a hero. Judge Boggs, in an extraordinary dissenting opinion published in May, revealed profound problems with the majority of his court’s approach to law in an affirmative-action case and pointed out that his chief...