Chronicles carries informed and very interesting articles. You have literate and intelligent authors, and I look forward anxiously to the arrival of each issue. I want to compliment you particularly on the article on the judiciary by William F. Harvey (“An Appointment to the Supreme Court,” Vital Signs, June). It is a tragedy that Judge...
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Sharpening the Swords
On June 25, one day before the U.S. Supreme Court declared that a man can marry a man and a woman can marry a woman, the Washington Post published an op-ed by Louise Melling, the deputy legal director of the American Civil Liberties Union. Miss Melling’s announcement that the ACLU would no longer support the...
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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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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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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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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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We’ve Only Just Begun
The Left is not generous in victory. The ink on the Supreme Court decision in Obergefell v. Hodges was barely dry before a vicious assault on organized religion in this country was launched, a multipronged offensive with the clear intention of marginalizing Christians and banishing them from the public square. The first shot was fired...
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Forever 1965
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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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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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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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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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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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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Killing Due Process in the War on Terror
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...
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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 Quandry of Tribal Sovereignty
Native American resistance, resilience, and perseverance remain prevalent. The limits of Native American sovereignty remain mysterious.
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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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A Storm in a Korean Teacup
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...
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Politics Is the New Religion
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...
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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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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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Champion of American Believers
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...
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The Roots of America’s Mentally Ill Homelessness Crisis
The deinstitutionalization of the mentally ill has intensified the homelessness crisis across American cities.
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The (New) Ugly American
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...
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Excluding Muslims: Facts and Fictions
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...
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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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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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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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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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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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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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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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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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Rebranding the Gun Culture
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...
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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 Case Against Political Consensus
Jeffrey Bell is perhaps the most experienced conservative political advisor in Washington, D.C. Once a key Reagan campaign advisor, Bell later became a political candidate himself, scoring a stunning primary upset against a seated Republican senator in New Jersey only to lose in the general election to Democrat Bill Bradley. Bell, a graduate of Columbia...
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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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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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Uncle Sam’s Child
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...
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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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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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“I’m Liberated; Free at Last!”
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...
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America’s Christian Heritage
The phrase “America’s Christian Heritage” might irritate any hearers who do not want to be classed as members of the tribe that first received its name in Antioch (Acts 11:26). But wait: we recognize that one does not have to be a member of the family to be remembered in a will, nor be of...
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Old Testament, Yes; New Testament, No
U.S. District Court Judge Elizabeth Kovachevich here in Tampa ruled in January that it is all right to teach the Old Testament but not the New Testament in public high schools. Concerned that the state not sponsor religion, Judge Kovachevich permits “the history of the Bible” but not “the Bible as history.” So far so...