Election 2024 will not end or save humanity. What’s at stake in a presidential election is something far different from the all-or-nothing outcome that the rival campaigns envision.
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On ‘Judicial Activism’
Samuel Francis (“A Perpetual Censor,” July 1993) carefully criticizes the dubious “substantive due process” doctrine. But he errs repeatedly in his facts and analysis, not least in counting me among the doctrine’s adherents. Francis correctly criticizes judicial activism of the sort that creates constitutional rights out of thin air. But he ignores the even more...
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The Cataclysm That Was Roe
The pro-life movement today almost completely identifies with the Republican Party, despite its support by a few Democrats such as Pennsylvania Sen. Robert Casey (sometimes). It wasn’t always so. In 1972, at the age of 17, I worked against Michigan’s Measure B, which would have legalized abortion in the state. It lost, with 61 percent...
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Goodbye to Gold and Glory
“A crocodile has been worshipped, and its priesthood have asserted, that morality required the people to suffer themselves to be eaten by a crocodile.” —John Taylor of Caroline “The Father of Waters now flows unvexed to the sea,” Lincoln famously announced in July 1863. He was, according to a reporter, uncharacteristically “wearing a smile...
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The League Against the South
York, Alabama, is a sad little Southern town. Though it is small, it lacks the typical charm of the South. Not much happens there, but what does happen happens in the typically Southern way. The wheels of justice grind not with something as tacky as money, but with the more genteel means of connections: It’s...
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The New Nationalism
During her short imprisonment for contempt of court, Kim Davis, the Rowan County, Kentucky, clerk who refused on religious grounds to issue marriage licenses to homosexual couples, was compared with (among others) Martin Luther King, Jr., Thomas Jefferson, James Madison, John C. Calhoun, Saint Paul, and even Jesus Christ Himself. Setting aside the propriety of...
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SCOTUS hateus
There are some real stunners in today’s convoluted ruling from the Supremes regarding Arizona v. United States. Here are some of my favorites: “As a general rule, it is not a crime for a removable alien to remain in the United States.” “Federal governance is extensive and complex.” “Removal is a civil matter, . . . ” . ....
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Putin’s Got Problems, Too
Before the first Trump-Biden debate, moderator Chris Wallace listed the six subjects that would be covered: The Trump and Biden records, the Supreme Court, COVID-19, the economy, race, and violence in our cities, and the integrity of the election. According to a recent Gallup survey, Wallace’s topics tracked the public’s concerns—the top seven of which...
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Sex and Marriage in San Francisco
The California Supreme, in a recent decision striking down the state’s ban on same-sex “marriage,” has issued a declaration of independence from the human race. Progressives have inevitably hailed this latest break-through, comparing it to the legalization of inter-racial marriage, but the same progressives just as inevitably will hail the inevitable legalization of cross-species marriage...
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On Segregation and Education
I enjoyed Samuel Francis’s lucid analysis of the 1954 Supreme Court decision, Brown v. Board of Education (“Forty Years After,” May 1994), but I take exception to his argument that “the only feasible moral defense of the Brown decision today is not that it replaced force with freedom, but that it replaced one kind of...
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Outgrowing the Past
When the U.S. Supreme Court ruled in the case of Kelo v. City of New London, a chill wind blew across the rural South. The Court upheld the decision of the city fathers of New London, Connecticut, to grant a private development corporation the right to condemn a middle-income residential neighborhood, evict the property owners,...
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An Undereducated Admiral
Since there are no pressing global issues that cannot wait until next week, I’ll devote my column to a book I’ve just finished reading. Its title, Sea Power: The History and Geopolitics of the World’s Oceans (Penguin, 2017), and the reputation of its author—retired admiral James George Stavridis, who ended his career as NATO Supreme...
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Life and Death in a House Divided
The Supreme Court’s recent decision to review a Missouri abortion case has raised the spirits of the pro-life movement. In his appeal, Missouri’s attorney general asked the Court to reconsider Roe v. Wade, the landmark civil rights decision that made pregnant women and their physicians sole arbiters over who is born and who is not...
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The Beauty of Holiness: Building for Eternity—December 2005
PERSPECTIVE The Beauty of Holinessby Thomas Fleming Fixing our gaze. VIEWS The Romantic Reactionby Joseph PearceTranscending the divide. The Loving Lookby Hugh Barbour, O.Praem.A cure for the epicure. Conservatism as Medicineby Claude PolinNature versus the state of nature. Pugin and the Gothic Dreamby James PatrickTheology in the architecture. NEWS Did the Supreme Court Destroy Property...
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The Importance of Being Mean
The three pillars of liberal morality are engagement, compassion, and inclusiveness; its corresponding demons apathy, hatred, and exclusiveness. The shorthand word for the three cardinal virtues is niceness; for the three supreme vices, meanness. Nice is a word familiar among middle-middle class Americans, who have been liberalized whether they know it or not: the sort...
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DUE PROCESS: FROM JOE FRIDAY TO JACK BAUER—May 2008
PERSPECTIVEBeastie Boysby Thomas Fleming VIEWSFederales, Gringo Styleby Roger D. McGrathThe exponential growth of federal police. Do We Want a Federal Police Force?by William J. QuirkThe Supreme Court and Congress versus the people. Jack Bauer, Agent of Anarcho-Tyranny, U.S.A.by R. Cort KirkwoodAmerica’s most wanted. NEWSThe Surge “Success”by Ted Galen CarpenterTriumph of hope over experience. REVIEWSTowers of...
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What has Happened to Masculinity in 21st Century?
On Saturday morning, September 22, I switched on Fox News and there witnessed a gaggle of five garrulous women, all talking at the same time, all vacuous and empty headed, and all saying basically nothing—a so-called “panel” discussing the nomination of Judge Brett Kavanaugh to the Supreme Court and the last-minute and largely-unfounded accusations hurled...
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Wimin’s Work
The women’s movement is in considerable disarray. While most self-described feminists are concerned mainly with job prospects, equal pay, and abortion rights, the radical wing of the movement is busy advocating everything from witchcraft to lesbianism. This was never more apparent than at NOW’s recent convention. While most delegates were content with denouncing the Supreme...
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The Dirty Fact About College Admissions
Pitting the state of Texas against four students who had been denied admission to the University of Texas School of Law because of their skin color, the recent Hopwood v. Texas case could spell doom for racial preferences in public education if affirmed by the Supreme Court. The Sth U.S. Circuit Court of Appeals, whose...
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Why Some of Us Can’t Dine in Peace
The recent harassment of Supreme Court Justices is a continuation of years of abuse and violence against conservative public figures in both public and private spaces. Some of us can't even dine in peace.
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MONKEYS IN THE CLASSROOM: September 2006
PERSPECTIVE Let’s Call the Whole Thing Off by Thomas Fleming The right to an opinion. VIEWS Educated at Home by Hugh Barbour, O.Praem. The pleasure that comes with struggle. The Supreme Court, Globalization, and the Teaching of Religion by Tom Landess Shaping society. Education to the ...
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Liberty, Justice, and Abortion For All
Last June, the Supreme Court decided that the ObamaCare individual mandate passed constitutional muster under Congress’s taxing power. It left undecided a host of other issues that are now being litigated in the lower courts. Under the HHS mandate that followed ObamaCare, employers with 50 or more full-time employees must offer health-insurance coverage for sterilization...
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On Thomas Szasz
On New Jersey In your January issue, you published an article (“Our Platonic Guardians“) on “Justice” Wilentz of the New Jersey Supreme Court by a Hamilton Township attorney named Gregory J. Sullivan. As a lifelong resident of the Garden State, I can only reaffirm what he has written. And add: what this state needs is...
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Stealth Candidates
I have no desire to defend President George H.W. Bush or his execrable appointment of David Souter to the Supreme Court, but I was confused by the chronology of the Turnock v. Ragsdale case laid out by Scott P. Richert in the February issue (“Robert Bork, R.I.P.,” Cultural Revolutions). In December 1989, when that case...
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Happiness in Chernobyl
The lives of the babushkas in Chernobyl are evidence that God exists everywhere, and that while destruction can often reign supreme, creation, however small, affirms our propensity for the good.
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Fueling Culture Wars
“Discrimination” is one of today’s buzzwords, and laws and regulations prohibiting discrimination based on sexual orientation are fueling some of the sharpest skirmishes within America’s culture wars. A New Jersey Supreme Court ruling against the Boy Scouts’ ban on homosexual Scout leaders has gained the most publicity of late. But a public feud between one...
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Christmas, That Winter Festival
When the Supreme Court declared Christmas a secular occasion, to be celebrated for its lowest-common-denominator cultural value in the public schools, I expected serious Christians to protest. Here a powerful public body officially secularized what for the history of Christianity has represented a most sacred moment. But so deeply have the forces of secularization, organized...
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Off the Hook
Officer Laurence Powell is off the hook, at least for now. Dealing a severe blow to the civil rights establishment and federal police power, the Supreme Court has overruled the Ninth Circuit Court’s motion to stiffen the sentence handed down in the federal trial of Powell and Stacey Koon, who were found guilty of violating...
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Sobering Up With SSM
Same-sex marriage still does not exist. Yes, the Supreme Court of the United States issued an opinion, 5-4, covering Obergefell v. Hodges and three other cases, which effectively makes “same-sex marriage” the law of the land. But five “justices” or 50 million Facebook “likes” cannot change what is woven into the fabric of creation. Of...
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The Royal Prerogative
The Supreme Court’s decision in Kelo v. City of New London has disclosed one of America’s dirtiest secrets: In this country founded, so we are told repeatedly, on the liberal trinity of rights to life, liberty, and property, our claims to property are as tenuous as the liberty of Christian parents with children in public...
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Where Trump’s and Bibi’s Interests Clash
On Monday, President Donald Trump designated the Islamic Revolutionary Guard Corps a terrorist organization, the first time the United States has designated part of another nation’s government as such a threat. Iran’s Supreme National Security Council responded by declaring U.S. Central Command a terrorist group. With 5,000 U.S. troops in Iraq and 2,000 in Syria,...
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Joe Biden, the New Brezhnev
Leonid Ilych Brezhnev presided over the irreversible decline of the USSR during his 18 years in power, initially as Secretary-General of the Soviet Communist Party and later also as chairman of the Presidium of the Supreme Soviet. He was two years younger than Joseph Biden is today when he died in 1982, but – just...
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World War III With China: How It Might Actually Be Fought
[This piece has been adapted and expanded from Alfred W. McCoy’s new book, In the Shadows of the American Century: The Rise and Decline of U.S. Global Power.] For the past 50 years, American leaders have been supremely confident that they could suffer military setbacks in places like Cuba or Vietnam without having their system...
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Kim Jong-il, the Leader from Hell
Kim Jong-il, the North Korean “Dear Leader” (as well as Secretary-General of the Workers’ Party of Korea, Chairman of the National Defense Commission, Supreme Commander of the Korean People’s Army, etc, etc.) is dead at 69. The news that the diminutive leader of the most unpleasant despotism in the world is no longer going to regale us with his...
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Hands Off Honduras!
Last Saturday, Honduran soldiers marched into the presidential palace, bundled up President Manuel Zelaya and put him on a plane for Costa Rica. The ouster had been ordered by the Supreme Court and approved by the Congress, as Zelaya was attempting an illegal referendum to change the Honduran constitution so he could run for another...
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Who Wants This War with Iran?
Speaking on state TV of the prospect of a war in the Gulf, Iran’s supreme leader Ayatollah Khamenei seemed to dismiss the idea. “There won’t be any war. . . . We don’t seek a war, and (the Americans) don’t either. They know it’s not in their interests.” The ayatollah’s analysis—a war is in neither...
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Title X Funds
Title X funds to “family planning” clinics that dispense abortion counseling were prohibited last summer as a result of the Rust v. Sullivan U.S. Supreme Court decision, which single-issue organizations indignantly denounced. It is ironic that the very people who claim that government should stay out of abortion decisions are the very same people who...
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Is Iran Taking the China Road?
Is the Ayatollah Ali Khamenei, the Supreme leader of the Islamic Republic, a RINO—a revolutionary in name only? So they must be muttering around the barracks of the Iranian Republican Guard Corps today. For while American hawks are saying we gave away the store to Tehran, consider what ayatollah agreed to. Last week, he gave...
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Two Centuries of Resolve
This year is the bicentennial of the Virginia and Kentucky Resolutions of 1798, the foremost formulations of the compact theory of the United States Constitution. By 1798, the Republicans faced an 11-year losing streak. Federalism had reigned supreme in American politics from the end of the Revolution. Even before the institution of the government of...
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Doll Studies
In 1954, the Supreme Court held in Brown v. Board of Education that the state-sponsored segregation of children in public schools was a violation of the Equal Protection Clause of the 14th Amendment, and thus unconstitutional. The Court reasoned that segregation “generates a feeling of inferiority . . . that may affect their [black children’s]...
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What Is History? Part 36
What are people for? —Wendell Berry We shouldn’t care a bit who occupies 1600 Pennsylvania Avenue. Who musters a majority on Capitol Hill (it is, after all, merely a “hill”), nor who warms the benches of the Supreme Court. If we concern ourselves with what happens in Washington, we give credence to their fatuous claim...
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Humanity Lite
Since the 60’s, liberals have been talking about “victimless crimes,” offenses that are prosecutable by law but that liberals claim “hurt no one.” Prominent among these were homosexual encounters, which over the next several decades were decriminalized by most states and eventually recognized by the U.S. Supreme Court as acts of love, and finally conjugal...
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Re: Cheer, Cheer for Old Notre Dame
Tom, I’m pretty optimistic about the lawsuit filed by Notre Dame and 42 other Catholic organizations. Filing essentially the same case in multiple federal district courts increases the possibility of getting the right result out of at least one, and getting mixed results will kick this issue up to the Supreme Court. So it seems likely...
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Botox Blasey Ford
Christine Blasey Ford is out with a memoir no one asked for about her experience testifying against Supreme Court Justice Brett Kavanaugh’s confirmation. Her unconvincing story remains the same, but her face appears to be the beneficiary of her substantial cash windfalls.
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Continuing Legal Education
Continuing legal education is imposed on lawyers by the Missouri Bar Association and the Missouri Supreme Court, and right before the November election I took a day to fulfill the requirements. The only CLE show in town at the time was a seminar presented by the Missouri Association of Trial Attorneys on using a vocational...
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Hillary vs. The Donald
In a Hillary Clinton vs. Donald Trump race—which, the Beltway keening aside, seems the probable outcome of the primaries—what are the odds the GOP can take the White House, Congress and the Supreme Court? If Republicans can unite, not bad, not bad at all. Undeniably, Democrats open with a strong hand. There is that famed...
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Sex and Marriage in San Francisco
The California Supreme Court, in striking down the state’s ban on same-sex “marriage,” has issued a declaration of independence from the human race. Progressives have inevitably compared it to the legalization of interracial marriage, but the same progressives just as inevitably will hail the legalization of cross-species marriage as the next giant step for mankind. ...
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Justice for Tommy
Harvard’s Cass Sunstein recently complained that conservatives’ slippery-slope arguments about the left’s latest push to codify and enforce radical equality are intellectually “lazy.” Sunstein and his followers give the example of conservative opposition to gay marriage, which often includes the observation that “the Supreme Court shouldn’t force states to recognize same-sex marriages because, if it...
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Eisenhower, Nixon, Ford, Reagan, Bush, Bush
Thank God for Republican presidents who appoint strict constructionists to the U.S. Supreme Court. Otherwise, the Court today might have upheld ObamaCare.
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Following Affirmative Action’s Demise, Slay the DEI Leviathan
Following the Supreme Court's overturning of higher education affirmative action, there have been a rapid succession of righteous pushbacks against the academic commissars who collectively comprise America's DEI regime.