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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57 million babies and counting, RIP
Something died in America 42 years ago today. That’s when the U.S. Supreme Court handed down its 1973 edict, Roe v. Wade, forcing all 50 states to almost completely legalize abortion on demand – even those states that already had legalized it. About 57 million babies have been killed since. But something more died: Maybe...
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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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Constitutional Disorder
The Supreme Court, as Stephen Presser laments, has wandered far off course; increasingly its Justices have taken to reading their own preferences and prejudices into the Constitution, thereby abandoning their solemn obligation to act as its guardians by interpreting its provisions in accordance with the basic values and intentions of the Framers. What is more,...
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Let Us Pray (But to Whom?)
In May, the Supreme Court held that the First Amendment’s Establishment Clause is not offended when a city council opens its meetings with a short prayer (Town of Greece v. Galloway). While this result seems to be an example of commonsense constitutionalism, conservatives should not be too quick to pat the Court on the back. ...
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Rediscovering Philadelphia
“There is no liberty if the power of judging be not separated from the legislative and executive powers.” —Montesquieu The theme that unites the short, somewhat disparate eight chapters of this book is the use by the Supreme Court of unenumerated rights—that is, rights beyond those specifically enumerated in the Bill of Rights—to invalidate state...
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Recess Games
“Supreme Court sharply limits presidential power on recess appointments.” Thus read the headline in the Los Angeles Times after the High Court’s decision in National Labor Relations Board v. Canning. Applying its spin to the decision, National Review opined that “the Court rejected the administration’s power grab on recess appointments” and clarified when a recess...
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Scandalous Education: UT’s War on Standards
In 2003, the Supreme Court expected “that 25 years from now, the use of racial preferences will no longer be necessary” in university admissions. That was the conventional wisdom of the time. Affirmative action was supposed to be a temporary deviation from the principle of nondiscrimination, a remedy for injustices past, a bit of accelerated...
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Judge Moore & God’s Law
When elected chief justice of the Alabama Supreme Court in 2000, Judge Roy Moore installed in his courthouse a monument with the Ten Commandments that Moses brought down from Mount Sinai carved into it. Told by a federal court his monument violated the separation of church and state, Moore refused to remove it and was...
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Plessy v. Ferguson—One Hundred Years Later
One hundred years ago this May, Plessy V. Ferguson was decided. The Supreme Court’s 1896 decision upheld Louisiana’s law that required all passenger railways operating within the state to have “equal but separate accommodations for the white and colored races.” Over the years, the import of the decision and public perceptions of such state regulations...
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Rediscovering Philadelphia
“There is no liberty if the power of judging be not separated from the legislative and executive powers.” —Montesquieu The theme that unites the short, somewhat disparate eight chapters of this book is the use by the Supreme Court of unenumerated rights—that is, rights beyond those specifically enumerated in the Bill of Rights—to invalidate state...
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A “Containment Policy” for the New Cold War
Americans regularly accept expropriations—legal, moral, and economic—from the central government that would have driven our 18th- and 19th-century ancestors to arms. The Constitution reserves to the states and local communities all powers necessary to provide legal protection for valuable ways of life. These rights have been usurped by the central government, especially by the Supreme...
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Books and Lovers
Back in 1839, an Englishman by the name of Alexander Walker wrote a manual by the name of Woman, in which he quoted Hume: “Among the inferior creatures, nature herself, being the supreme legislator, prescribes all the laws which regulate their marriages, and varies those laws according to the different circumstances of the creature.” So...
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City of Man, City of God
“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...
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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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Restore the Constitution!
In recent years, American politics has been preoccupied with moral questions, or what are now called “social issues”: sexual immorality, sodomy, abortion, pornography, and recreational drugs. Some conservatives want the federal government to play a role in opposing these evils. Many libertarians, on the other hand, want the government, state and federal alike, to treat...
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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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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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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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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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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 American “Civil War” and the Tower of Babel
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...
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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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The Family Way
“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...
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Liberality, the Basis of Culture
“ . . . 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...
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The Constitution: Hate Crimes’ Latest Victim
New federal hate-crimes legislation is on the way. Never one to miss an opportunity to expands its powers, the national government has capitalized on a perceived rash of hate crimes in order to increase federal jurisdiction, and the Hate Crimes Prevention Act of 1999 (HCPA) will probably become law in the near future. When confronted...
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The Straussian Sidestep
Dr. Germana Paraboschi’s Leo Strauss e la destra americana (Leo Strauss and the American Right) is one of the few serious studies of the American right to come out of Italy. Dr. Paraboschi is a young scholar, born in Milan in 1961 and now living just outside Pavia. She spent several years in the United...
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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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Denouncing ‘Imperial Congress’
“Imperial Congress”—many in the conservative movement are denouncing it these days. From all over the right, we hear worries about slipping presidential prerogatives, or denunciations of Congress’s “meddling” in foreign policy. But I would argue that it is the Imperial Presidency that threatens our freedom. Too often. Congress simply lays down in front of the...
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The Battle of the Textbooks
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...
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Setting a Standard
States’ rights suffered another blow last October, when President Clinton signed into law a $58-billion transportation bill. Tucked away amidst the election-year pork-barrel spending was a provision which, in effect, sets a nationwide drunk-driving standard. Under section 351 of the new law, state receipt of federal highway funds is made contingent upon adoption of a...
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I’m Going to See a New Play About Me and Christine Blasey Ford
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.
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Unexpected Effect
Joseph Lieberman’s selection as the first Orthodox Jew to run for vice president may have the unexpected effect of making it respectable again to maintain that the United States is a Christian country. Picking Lieberman as his running mate was the single most interesting thing Al Gore has done in his campaign for the White...
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Source of Great Expectation
The Reagan Court has been a source of great expectation for conservatives. If only a few more superannuated justices would retire (or die), then we could have the court’s unchecked authority in our own hands. A favorite target of pious hopes and voodoo dolls is the apparently senile Thurgood Marshall. An example of tokenism at...
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It’s Just Business
A dozen years ago (give or take), I tried to commission a piece for Chronicles on how Big Business was increasingly pushing a leftist social and cultural agenda. For years, the conservative orthodoxy in the United States had been that capitalist institutions, from mom-and-pop shops up to the largest corporations, were essentially conservative. (In the...
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Robert Frost: Social and Political Conservative
Robert Frost published 11 books of poetry, won four Pulitzer Prizes, established himself as the unofficial poet laureate of the United States, and acquired a national and international literary reputation. Despite his fame as a poet and public speaker, and because of his friendship with such liberal Democrats as Vice-President Henry Wallace and President John...
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Dante’s Human Comedy
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...
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Language Differences
Language differences figured prominently in rioting last spring in two largely Hispanic areas of the nation’s capital, Mount Pleasant and Adams Morgan. The violence in early May began after a city police woman arrested a Hispanic man. The officer spoke English; the man spoke Spanish. The police officer said the man brandished a knife; she...
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George H.W. Bush: An honest obituary
Praise, not precision, carries the day when a significant figure dies. But the eulogies extolling George H.W. Bush have so surpassed his performance that we run the risk of distorting historical reality. There is, no doubt, much to praise in the character of the forty-first president. George Bush served courageously in World War II. He...
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Vagrancy Law
San Francisco’s municipal palace looks like the Wicked Witch of the West might live there, only there aren’t any flying monkeys. But several years ago, the monkeys set up housekeeping right out front. Supplied with food, clothing, tents, and other amenities by “community activists,” hundreds of wild-eyed tramps extorted money from passersby, drank cheap wine,...
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A Prayer for the Defeat of Lawfare
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.
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Robert Frost: Social and Political Conservative
From the August 1992 issue of Chronicles. Robert Frost published 11 books of poetry, won four Pulitzer Prizes, established himself as the unofficial poet laureate of the United States, and acquired a national and international literary reputation. Despite his fame as a poet and public speaker, and because of his friendship with such liberal Democrats...
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If God Ran the State Department
“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...
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Ici On Parle Anglais
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...
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Liberty’s Close Call
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...
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The State Versus the American Culture
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...
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Sweeping the Country
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 in Illinois, term limit supporters filed 437,088 petition signatures from almost every county calling for a statewide referendum on term limits. The...