Monday’s decision was a movement in support of the rule of law over and against lawfare and the rule of unhinged partisan power.
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No Justice, No Peace
There is no pleasing Duke University law professor Brandon L. Garrett, author of the death-penalty-abolishment screed End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice, though much about the current state of criminal justice should please him. Nationwide, death sentences and executions are at historic lows, yet he claims that the...
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Cosmopolitan Nation
The search for and, when it cannot be found, the construction of a usable past remains the overriding task of our official historians, who believe that we are forever on the cusp of a new age. The opposite could be said of Thucydides, who sought “an exact knowledge of the past as an aid to...
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Will There Always Be an England?
In his op-ed in the Washington Post, Chris Grayling, leader of the House of Commons, made the case for British withdrawal from the European Union—in terms Americans can understand. Would you accept, Grayling asks, an American Union of North and South America, its parliament sitting in Panama, with power to impose laws on the United...
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Guantanamo Bay
Guantanamo Bay is the subject of continuous debate. Can the United States detain indefinitely members of the Taliban captured in Afghanistan, or Al Qaeda insurgents captured in Iraq, at our military base in Cuba? What sort of interrogation measures are permissible by international law in order to obtain information to protect Americans from the continuing...
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Secession and the New American Constitution
The nine states that ratified the Constitution on June 21, 1788, created an entirely new government. This government was not patterned after the one established under the Articles of Confederation, which was created by the 13 states just seven years before. The Articles actually transferred very little power to the agent they called the “central,”...
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Slicing and Twisting
No matter how many curses should be heaped on the head of Thurgood Marshall, recently retired from some 24 years of slicing and twisting the raw meat of the Constitution into whatever ideological pastry suited his appetite of the moment, even his shrillest foes have to acknowledge Mr. Marshall’s eminence in the legal and judicial...
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Biden Pins His Hopes on Abortion
Democrats are desperate to make the election a referendum on Dobbs. Trump is right to refuse to resist that.
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The Inevitability of National Politics
Many conservatives have become disenchanted with national politics. This disenchantment is understandable. Strong support for Republicans seeking the White House and seats in Congress has done little to conserve the type of society most of those voting Republican wanted to conserve. By almost any measure, American society has moved steadily leftward in recent decades. Social...
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Nostradamus I’m Not
“And it repented the Lord that he had made man on the earth,and it grieved him at his heart.”—Genesis 6:6 It doesn’t matter, since right or wrong, no one will remember, but here are my predictions for 2008 and after. Clinton and Obama will be the Democratic nominees for President and V-P, and will be...
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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,...
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The Crash of the Greed Machine
“Thy money perish with thee, because thou hast thought that the gift of God may be purchased with money.” —Acts, 20 The Big Board’s 508-point market meltdown was investigated by presidential commission, Congress, the SEC, and the major stock exchanges. Each of these bodies concluded that stocks fell because they were already much too high....
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A Sentimental Education
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” were not added until 1954. But they...
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Education for a Conquered Nation
Declining test scores. Illiterate, spiritless, and passive graduates who have little motivation to find a job or succeed. Youngsters with no skills to compete in the marketplace. This is the tragic record of American public education, after billions of dollars and 127 years of direct federal funding. The results seem more appropriate for a rebellious...
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Dropping the Ball on the Bomb
Unraveling modern confusion about the decision to drop the atomic bomb. There is still a remarkable amount of confusion about one of the last acts of World War II: the use of the atomic bomb. The destruction of Hiroshima and Nagasaki was horrible, but not more so than many other episodes of the war. To keep...
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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...
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Striking Back
Fathers are striking back in the cultural war over abortion. As a slogan, “abortion rights” has translated into the woman’s absolute prerogative to abort her unborn child. It is not only the interests of the child that are brutally crushed by this “right”; the desires of fathers—even married fathers—have also been brushed aside as irrelevant...
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A World Safe for Stalinism
Long ago, a British veteran of World War II offered this sober moral judgment on the war: It was just such a sunny, breezy Mediterranean day two years before when he read of the Russo-German alliance, when a decade of shame seemed to be ending in light and reason, when the enemy was plain in...
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Living in French in the St. Lawrence Valley
Our little house of wood, a century old, nestles in the countryside in the county of Lotbinière, somewhat to the south of the city of Quebec. There I live with my husband and our five children. Last fall, as my husband and I piled cords of wood in the cellar of our little house, I...
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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”...
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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...
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Scouting and Sin
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 twins Michael and William Randall of Anaheim, California, and eight-year-old Mark Welsh of Chicago are suing to...
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Raoul Berger, R.I.P.
On September 23, we lost one of the great jurisprudential fighters for Truth, Justice, and the American Way. Berger, late Charles Warren Senior Fellow at Harvard University, former professor of law at the University of California’s Boalt Hall, one-time second concertmaster for the Cincinnati Symphony Orchestra, died at the age of 99. Berger’s career as...
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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.
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‘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)...
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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...
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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...
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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...
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Law in Lehi: A Case of Abuse
Lehi, Utah, is somewhat familiar to those who have seen the movie Footloose. The small Mormon community provided Hollywood with the perfect setting for a tale of adolescent rebellion against parental and religious authority. Yet shortly after the movie’s release Lehi’s pious image was ruptured by a child abuse scandal. One morning in the summer...
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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...
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Winter of Our Discontent
As fall turned into winter, there were unmistakable signs of paleoconservative dissatisfaction with President Trump. In various forums, several paleoconservatives expressed displeasure that Trump had surrounded himself with unrepentant Bush Republicans and neoconservatives; that he was listening too much to his daughter Ivanka and her husband, Jared Kushner, who may be even further to the...
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Guess Who’s Not Coming to Dinner
“Blacks for Gray, Whites for Fenty,” ran the nuanced headline on page one of the Washington Examiner. The story told of how black Mayor Adrian Fenty, who got rave reviews for appointing Michelle Rhee to save District of Columbia schools, was crushed six to one in black wards east of the Anacostia River, as he...
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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...
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Legal Insanity
“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...
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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...
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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,...
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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...
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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...
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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...
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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.
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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...
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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,...
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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...
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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 ...
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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 ....
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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...
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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...
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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...
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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...