Elbridge Gerry’s infamous salamander district pales in comparison to the monster- like menagerie birthed in redistricted states that fall under the preclearance requirement of Section Five of the federal Voting Rights Act. Although Virginia’s state constitution requires that “every electoral district shall be composed of contiguous and compact territory,” the feds overruled it and mandated...
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Territorial Bliss
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...
A Legal Execution
A legal execution occurred last summer in South Carolina, the first in about two years. Donald (“Pee Wee”) Gaskins, a rural Bluebeard credited with 16 murders, was embraced by the electric chair amidst general public relief and the usual candlelight vigils by opponents of capital punishment. The public satisfaction, however, if it rests on a...
Betting Against a Blue Wave
Democrats are likely to face insurmountable partisan, demographic, and policy challenges during the final weeks of midterm election campaigning.
Buchanan 92 ‘Culture War’ Speech Still Provokes
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...
Americans’ Right to Own Firearms
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...
John Roberts Makes His Career Move
For John Roberts, it is Palm Sunday. Out of relief and gratitude for his having saved Obamacare, he is being compared to John Marshall and Oliver Wendell Holmes. Liberal commentators are burbling that his act of statesmanship has shown us the way to the sunny uplands of a new consensus. If only Republicans will...
The Fainting Irish
Yes, the Irish caved in and reversed their vote against the European Union’s Lisbon Treaty. Gutless? Of course. But I’ve spent too many years in Dublin and Cork to be surprised. The Irish did the same thing when they voted no to an earlier treaty in June 2001. The next year they gave in to...
The Real American Dilemma
This remarkable editorial by Chronicles’ longest-serving editor offered one of the first and best analyses of America’s immigration problem.
The Constitution Knows
What is the justification for abortion? Is abortion a moral or therapeutic concept? Medical or legal? Sociological or personal? These considerations underlie Gosnell: The Untold Story of America’s Most Prolific Serial Killer, a narrative of the comprehensive criminal enterprise of Kermit Gosnell, M.D., Philadelphia’s notorious baby killer and drug trafficker, by the Irish journalists Ann...
Undercover Big Brother Is Watching You
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...
A Politically Incorrect Beatification
Few people have been so hated that their enemies have disrupted their funeral processions in an attempt to throw their coffins into a river, but that is precisely what happened to Pope Pius IX on the night of July 12, 1881. Amid the heated debate surrounding Pio Nono’s beatification this past September 3, a few...
Obama’s Trampling on God’s Turf Now
Yes, Virginia, there is a religious war going on. It is for the soul of America. And traditional Christianity is besieged. In a January visit to the Vatican, American bishops were warned by Benedict XVI that
Property Rights Redefined
Years ago, a Christian evangelist friend of mine complained about doing the Lord’s work in the South. Everyone is a Christian there, he lamented, whether or not they really are one. His point was well taken. It is hard to separate the wheat from the chaff, which is a problem not just for Christian evangelists...
Fighting Drugs, Taking Liberties
In the early 1980’s, the Reagan Justice Department announced a far-reaching “war” to free the United States from illicit drug use. There was skepticism at the time that government actions could cause such a fundamental change in entrenched public attitudes and behaviors, and there were different views about the means by which such a war...
Redskins and Palefaces
The America First Committee emerged nationwide in the summer of 1940 from the initial efforts of Gerald Ford, Potter Stewart, and other Yale Law School students, seconded by law professor Edwin Borchard. It evolved amid the American political cataclysm following Franklin Roosevelt’s landslide election to a second term in November 1936. The mandate to institute...
Limited Hangout
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...
Polemics & Exchanges: February 2024
Chronicles readers discuss Taki's controversial December column on Palestinian misery, also, some praise for Stephen Presser's recent review, "Scalia Gets the Biography He Deserves."
Recent and Permanent
When the people’s fundamental law is ignored by the legislature, the remedy is typically to elect new representatives to set things right. If the people’s fundamental law is transgressed by the courts, the correction is often not so easy. Many judges are appointed for life and never have to face the electorate. Others are appointed...
Power, Legitimacy, and the 14th Amendment
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,...
How Can You Befriend a ‘Semi-Fascist’?
President Joe Biden recently accused Trump voters of embracing "semi-fascism." Friendships can be forged across partisan lines, but it's rather difficult to befriend a "semi-fascist," isn't it?
Santorum, the Supreme Court, and Sodomy
Sen. Rick Santorum is the latest Republican political leader to walk down Trent Lott’s trail of tears. Why do Republicans continue to make these gaffes? Most politicians, after all, have spent their entire lives since elementary school telling people what they want to hear, and they ought to realize that the power they hold in...
The Pacific Legal Foundation
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...
What Lies Beneath
According to an article in the New York Times on September 10, “In 2005, more people from Muslim countries became legal permanent United States residents—nearly 96,000—than in any year in the previous two decades.” Moreover, many of these are not simply Muslims who had been here on guest visas but now have been granted permanent...
Our Constitution: Alive or Dead?
“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...
A Dissenting Voice
Judge Danny Boggs of the U.S. Court of Appeals for the Sixth Circuit is, for believers in the rule of law, a hero. Judge Boggs, in an extraordinary dissenting opinion published in May, revealed profound problems with the majority of his court’s approach to law in an affirmative-action case and pointed out that his chief...
Quick Thoughts on the Supreme Court
Putting together the Court’s two most notable recent decisions, the Arizona immigration decision and the Obamacare decision, leads to this unsettling conclusion: there is virtually nothing the states can do on their own, and there is virtually nothing the federal government cannot do. If that is what the Founders intended, I’m a unicorn. We also now have...
Gay “Marriage” Fantasy
You really can’t have “gay marriage,” you know, irrespective of what a court or a legislature may say. You can have something some people call gay marriage because to them the idea sounds worthy and necessary, but to say a thing is other than it is, is to stand reality on its head, hoping to...
Private Faith & Public Schools
A Martian attending Inauguration Day ceremonies might be curious about the book upon which the President lays his hand as he takes the oath of office. “That,” we would tell him, “is the Bible, a book of Scripture sacred to most American citizens.” “I see,” our alien friend responds, “and therefore your President is obligated to...
Islam in France
When the French historians of our epoch apply their magnifying glasses to the momentous developments of the first two months of this year, most of them, I think, are likely to conclude that the decisive factor leading to the historic National Assembly vote of February 10—when a massive majority of 494 deputies, compared with only...
No Other Epitaph
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 $15 Trillion End Run An “Oligarchy of Interests”
“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...
Circumventions and Subversions
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...
Biden Preemptively Questions 2022—But Trump’s a ‘Big Liar’ About 2020
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...
With the GOP—Or Without It
Donald J. Trump is the political issue of our time. Yet Mr. Trump is, in a very real sense, peripheral to present events. He is a result, not the effective cause; a symptom, not the disease. The significant thing is not the rebel candidate but the crisis of the Republican Party, so long arriving, which...
The Collapse of the U.S. Constitutional System
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...
Our Blessed Plot
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...
How, When, Do We Come Together Again?
America suffers from a great divide that goes far beyond our clashing views of Jan. 6 and the Mar-a-Lago raid. Americans need to find common ground again.
The Biggest Issue in This Election
Harris has been an enemy of the First Amendment throughout her career.
Trump’s Fainthearted SCOTUS Picks Could Doom Him in D.C. Election Case
If Trump loses outright on the immunity issue, he will have himself to blame. He had the opportunity to nominate three Thomas/Alito-esque stalwarts. He whiffed.
The Worst State
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. ...
A Bad Man’s View of the Law
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...
Ron Sims
People call me up and say they want to beat me to a pulp. I am, they tell me, a lowlife muckraker, and obviously a racist to boot. Some of my closest friends express doubts about my sanity. An apparently well-subscribed website appears to be devoted to my downfall and calls for my books to...
Jack Smith, Democrat-Lawfare Complex Hit Man
By now any reasonable prosecutor—or so-called prosecutor—would have conceded defeat and dropped the lawfare madness.
Neurotocracy, USA
The case of James Younger and his forced gender transition may be a case of Munchausen syndrome by proxy, and is an example of how woke rule in America is characterized by systemic mental disorder.
Five Votes
“Much law, but little justice.” —Thomas Fuller With five votes around here you can do anything,” Justice William Brennan told his law clerks, thus summarizing the quintessence of Brennanism. That constitutional law is not something derived from the text, structure, and history of the various provisions of the Constitution but rather a creation of the...
The Courage to Defy Prudence
On February 22, the South Dakota Senate, by a vote of 23-12, approved legislation banning nearly all abortions in the state. On February 24, the vote in the South Dakota House of Representatives was 50-18 (H.B. 1215). Twelve days later, Gov. Mike Rounds signed the measure into law. President Bush criticized the law as too...
Rethinking Big Tech’s Legal Immunity
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...
Judicial Editing and Congressional Inaction
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...
Abortion in the Age of Trump
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,...