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 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...
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...
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 “radical secularism” posed “grave threats” to their Catholic faith. Your religious freedom is being circumscribed, said the pope....
Sunni Arab Prisoners Freed
American soldiers stumble upon a secret dungeon and discover dozens of emaciated prisoners—173 of them, to be precise—who had simply vanished from the face of the Earth over the previous weeks and months. Horrified GIs walk wide-eyed through the stinking chamber of horrors whose inmates grasp with difficulty that their ordeal is over. Most of...
Two American Lives
“Whatsoever thy hand findeth to do, do it with thy might.” —Ecclesiastes 9:10 The Gilded Age still exerts a strange pull on the American imagination. It was a time of larger-than-life people and larger-than-life business entities. It featured conspicuous consumption—including palatial mansions, yachts, international travel, and international scandal—that seems almost to exceed anything we have...
The Four Biggest Problems with Biden’s Vaccine Order
Back in December of 2020, then President-elect Biden said that he would not make vaccines against COVID-19 mandatory, nor did he think they should be mandatory. Given the new vaccine mandate by the White House, set to affect nearly 100 million Americans by some estimates, one reasonably conclude that Biden misled the people. However, Biden’s...
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."
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...
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...
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.
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...
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...
The Quandry of Tribal Sovereignty
Native American resistance, resilience, and perseverance remain prevalent. The limits of Native American sovereignty remain mysterious.
The Politics of Life—and Politics
“If a woman of her own accord drops that which is in her, they shall crucify her and not bury her.” —The Assyrian Code, c. 2000 B.C. Ancient history is worth keeping in mind when confronting the claims of the pro- and anti-abortion and euthanasia camps, since both tend to couch their arguments in terms...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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.
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...
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...
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...
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...
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...
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...
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...
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...
A Second Look
In his review of Mark R. Levin’s The Liberty Amendments (“Impractical Solutions, February), William J. Quirk emphasizes the novelty of an Article V convention, calling it “a constitutional-amendment process that has never been used before” and criticizing Mr. Levin for proposing that, “for the first time,” we use an Article V convention to amend the...
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,...
“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...
Miss Affirmative Action, 2009
Having lost the Congress in 2006 and the White House in 2008, Republicans are looking to redefine themselves for a nation that still leans conservative but is less Republican that it has been in decades. The nomination of Judge Sonia Sotomayor to the U.S. Supreme Court presents just such an opportunity. For, even if the...
Missing the Mark
The Supreme Court missed the mark last year in unanimously shooting down a St. Paul, Minnesota, statute imposing criminal liability on those engaged in “hate speech.” The problem with the Court’s decision in R.A.V. v. St. Paul is that it dwelled on legal niceties rather than recognizing the time-tested, historically proven method for dealing with...
Power and Passports
In June, the Supreme Court greatly augmented executive power by holding that the president has the exclusive right to grant formal recognition to a foreign sovereign. This decision further pushes presidential power in the direction of royal prerogative through which monarchs enjoy the exclusive care over foreign affairs to the detriment of the people’s representatives....
Reading Antonin Scalia in New York
The highlight of my time in law school – three years of varying degrees of dreariness and constant irritation was the visit of US Supreme Court Justice Antonin Scalia. The great jurist came to my nominally Catholic second-tier alma mater – I cannot help, but shudder at the latter word, so inappropriately used to describe...
Promoting Agendas
William J. Brennan, Jr., has retired from the Supreme Court. In three decades on the nation’s highest court Brennan did more, perhaps, than any other American politician except for Lyndon Johnson to promote the agenda of the liberal left: the antiwhite racism of the “Jim Snow” system, radical feminism, the reduction of the authority of...
A Pro-Abortion Government
As Pro-Lifers now face a monolithically pro-abortion federal government, it might be useful for them to look at last year’s Supreme Court decision about Guam. Despite robust opposition from Justice Anthony Scalia, the Court refused to hear Guam’s abortion case, which means the ruling of a California court striking down all of Guam’s restrictions on...
Immigration: Deferred Courage
The Supreme Court, tacitly acknowledging that the great Justice Antonin Scalia is still dead, refused on October 3 to reconsider United States v. Texas. The tie remained at 4-4, same as it was in June when the Court first polled itself, but a petulant Obama Department of Justice asked for the case to be reconsidered. ...