Former President Donald Trump questions the legitimacy of the 2020 presidential election. For half the country, this makes him a “sore loser” who promotes “conspiracy theories” and pushes “The Big Lie.” But when President Joe Biden in his recent press conference preemptively questions the legitimacy of the 2022 midterm elections, nine months before they even...
“Another Crisis like this one and the West will be wiped out,” said German Chancellor Angela Merkel on June 1. “Once we have overcome this Crisis, the question will be how can we return to a path of virtue as far as public debts are concerned.” Of course, the first question is whether the West...
Anyone paying attention knows the American government is broken. Whether we understand the Constitution or not, we know intuitively that something isn’t right. We may grouse generally—“Government spends too much money,” or “Government should be doing X”—but it’s hard even to begin explaining why the system isn’t working. There are several major trends that explain...
As if we needed more proof of the threat to national sovereignty, there comes John Gardner’s latest “James Bond novel,” SeaFire. Gone is Ian Fleming’s wonderful cast of characters. The drab but lovable Q has been replaced by a woman nicknamed Q’ute; the admiral M has been replaced by a committee of bureaucrats; a primping...
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."
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...
“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...
Law professors rarely write books. When they write at all, they typically produce incomprehensible and heavily footnoted articles (usually unread) for obscure law reviews. It is even rarer to find a law professor who can write with flair about something of more than ephemeral interest. And it is rarest of all to find a law...
Native American resistance, resilience, and perseverance remain prevalent. The limits of Native American sovereignty remain mysterious.
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...
The pro-life movement has made great strides in recent years, though many people who consider themselves active pro-lifers may not realize it. That’s because the good news has all happened at the state and local levels. State laws combining health-code restrictions on abortuaries with reasonable waiting periods and required ultrasounds have given local pregnancy-care centers,...
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...
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...
In his review of Mark R. Levin’s The Liberty Amendments (“Impractical Solutions, February), William J. Quirk emphasizes the novelty of an Article V convention, calling it “a constitutional-amendment process that has never been used before” and criticizing Mr. Levin for proposing that, “for the first time,” we use an Article V convention to amend the...
Should Facebook, Google, Twitter, YouTube, Instagram or other purveyors of internet content be liable for damages if they fail to ensure that what they disseminate is not inaccurate, libelous, or otherwise dangerous and pernicious? There is a bit of law on this, but we are only now beginning seriously to consider this question. And only...
Much has been written in recent years on how courts construe law, whether it is the Constitution or a statute. The discussion typically addresses the judiciary’s search for the “intent” of the framers or legislators and reflects a continuing debate on what limitations our system of government places on a court when it applies written...
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,...
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...
Not only does the U.S. government spy on everything we watch on websites, say on the phone or write in emails or messages. At least 40 agencies use Undercover Big Brother agents to infiltrate everything we do. The Washington Post, itself long the company newspaper of the D.C. autocracy, reported: “The federal government has significantly...
Few things in life are as clear as the futility of a real debate on the clarity of America’s religious origins. “Debate,” I said? Lay a finger, unsuspectingly, on The New York Times Magazine‘s inspection of the attempt by so-called Christian fundamentalists to overhaul history textbooks, and you require treatment for first-degree burns. I refer...
Donald Rumsfeld has produced, four years after his departure from government, a memoir of no stylistic distinction. It contains few if any interesting revelations, save, perhaps, those relating to President Nixon’s choice of vice presidents. For what it does contain, it is at least twice as long as it should be. There is a great...
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...
To defend my honor and expose the lies about Ford’s Kavanaugh story, I will show up at the Woolly Mammoth Theater on Oct. 7 and call the American Stasi out.
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. ...
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...
There are currently four lawfare battles against Donald Trump. Not just the former president, but the rule of law itself is on trial in these proceedings.
Only a few years ago prospects for the Sacramento-based Pacific Legal Foundation, the country’s oldest “conservative” public interest law firm, hardly seemed promising. In 1986, PLF president and CEO Ronald Zumbrun decided to indulge in deficit spending to continue unpopular land use and takings litigation. The legacy of judicial activism from the 1960’s and 70’s...
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...
The justification for the vast, intrusive, and coercive powers employed by the government of the United States against its citizens—from affirmative action to hate-crimes legislation, from multilingualism to multiculturalism, from Waco to Ruby Ridge—is the 14th Amendment to the U.S. Constitution adopted in 1868, or, more specifically, the authority conferred upon Washington, explicitly or implicitly,...
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...
“Your Constitution is all sail and no anchor.” —T.B. Macaulay Consensus on the benign motives of our Founding Fathers and the nature of the Constitution that had persisted through the 19th century began to crack at the beginning of the 20th under assaults from the Progressives. It has disintegrated at an accelerating rate since, so...
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...
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...
During the five years of the 1990’s that I served on the board of the American Civil Liberties Union of Southern California, one other member and I would occasionally upset the others by asking why the ACLU did not defend the Second Amendment rights of individuals. My colleague asked because he was an 80-year-old Hollywood...
Written documents should be interpreted with an eye toward discerning the intent of the author. When the Constitution of the United States is the text under consideration, the relevant intentions are those of the men who drafted and ratified the document. This proposition reflects a long-established canon of construction: common-law judges as far back as...
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...
The basic concerns of this book go well beyond detailing how the original goals of the civil rights movement have been shamelessly perverted by the courts and bureaucracy. The authors show in some detail how the courts and bureaucracy acting in tandem have endorsed quotas and set asides, policies that now make race and sex...
The deinstitutionalization of the mentally ill has intensified the homelessness crisis across American cities.
The recent election season opened with hopes high for an intelligent debate of family issues. The 1991 Final Report of the National Commission on Children (on which I served) seemed to have broken the moral and political logjams that had long prevented this dialogue. The commissioners had decided, after extensive argument, to avoid the mistake...
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...
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...
Things are pretty dismal all over the country, but some places are worse than others. Usually, published rankings of American states are compiled by liberals who value such things as high-school and college graduation rates, personal income, internet speed, and the availability of abortion clinics. That’s why Massachusetts and Minnesota commonly come out on top. ...
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...
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...
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...
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...
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...
Our cultural disorders weren’t caused by the Supreme Court’s prayer decisions—I’ll admit it. The implication that school prayer, by fortifying Young America, might have forestalled the rampage at Columbine High School, and those rampages preceding it—well, I wouldn’t push the matter too far, that’s all. Still, it’s nice to see the American Civil Liberties Union,...
Joe Biden may have declared victory, but whether he or Donald Trump officially wins the presidency may remain undetermined for weeks, even months, and even then we may see the election brought before the Supreme Court. Who knows? What we do know is that this election has delivered a mess not seen since 2000, when...
Having lost the Congress in 2006 and the White House in 2008, Republicans are looking to redefine themselves for a nation that still leans conservative but is less Republican that it has been in decades. The nomination of Judge Sonia Sotomayor to the U.S. Supreme Court presents just such an opportunity. For, even if the...