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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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.
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...
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...
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...
The Roots of America’s Mentally Ill Homelessness Crisis
The deinstitutionalization of the mentally ill has intensified the homelessness crisis across American cities.
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...
The Meaning of Donald Trump
Nearly half a year into the new administration in Washington, it remains too early to tell how many of President Trump’s unquestioned pratfalls and errors in judgment, most of them resulting from emotional indiscipline, stubbornness, and political inexperience as well as the necessary thicker skin experience would have given him, are attributable to the President...
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...
A Clever Diversion
Amistad Produced by Steven Spielberg, Debbie Allen, and Colin Wilson Directed by Steven Spielberg Screenplay by David Franzoni Released by Dreamworks If Amistad is not yet a household word like E.T. or Jurassic Park, it may soon be with the power of Steven Spielberg behind it. Amistad is really two movies. One, about the 19th-century...
From the Archives: Term Limits in Illinois
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 [1994] in Illinois, term limit supporters filed 437,088 petition signatures from almost every county calling for a statewide referendum on term limits. ...
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...
Trump, Abortion, and the 2024 Election
Overall, the pro-life cause must be less concerned with short-term tactical disagreements and more concerned with unanimity as to the long-term goal.
Shadows in the Limelight
An American television viewer will witness more violence in a single evening than an Athenian would have seen during a lifetime of theatergoing. Acts of violence were virtually prohibited in Greek drama, and Aristotle goes so far as to argue against the use of “mere spectacle” to produce the desired catharsis of pity and fear:...
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...
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...
Anarcho-Tyranny, U.S.A.
While violent criminals are given a pass to victimize and reoffend, the everyday American finds himself under the heel of an increasingly invasive and oppressive state.
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...
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...
The Mightiest Midterm Win
As the Midterm Apocalypse was sliced and diced on the Day After, pundits noted the “Kavanaugh Effect,” whereby Senate Democrats who joined in the smear-and-delay campaign against then-nominee Brett Kavanaugh lost their bids for reelection in states that had supported President Trump in 2016. On the other hand, Democrat Joe Manchin of West Virginia, moistened...
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...
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...
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.
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...
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. ...
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...
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...
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...
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...
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...
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."
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...
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...
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...
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...
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...
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...
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...
Hell-Bent: Why Gay Marriage Was Inevitable
Like it or not, gay marriage is here to stay. The Supreme Court ruling matters little. That was the case well before oral arguments were heard, and not for legal reasons. Yes, the fact that some states had already recognized it played a part, but the real reason gay marriage is now a permanent part...
New COVID-19 Shutdowns May Force SCOTUS Showdown
Those suffering from endless COVID shutdowns may find a spark of hope in the words of Supreme Court Justice Samuel Alito. While the governors of Minnesota, Michigan, Oregon, and other states were preparing new restrictions during the pandemic, Alito gave a speech to The Federalist Society, calling such lockdowns “previously unimaginable restrictions on individual liberty.” I’m now going to say...
Trump’s Road Still Open
At stake in 2016 is the White House, the Supreme Court, the Senate and, possibly, control of the House of Representatives. Hence, Republicans have a decision to make. Will they set aside political and personal feuds and come together to win in November, after which they can fight over the future of the party, and...
Lady Hale Means Farewell to British Liberty
If anything can save Britain, it is the national gift for mockery. The country was startled last week to discover that it was run by Lady Hale, president of the Supreme Court, who told the Prime Minister that his prorogation of Parliament was “unlawful.” He had “misled” the Queen with his advice to her. The...
Liking Ike
Stephen E. Ambrose: Eisenhower, Volume One: Soldier, General of the Army, President-Elect, 1890-1952; Simon & Schuster; New York. Great athletes, it is said, all are so good that they make their feats look easy. The same was true of Dwight David Eisenhower, first as a career soldier, then as Supreme Allied Commander, and finally as...
Travel Ban, and Beyond
The Supreme Court decided on June 26 to allow key parts of the Trump administration’s “travel ban” to go into effect temporarily. This was an unexpected victory for the President—and for common sense. Until the Court hears the full case in October, the administration will be able to bar travelers from six majority-Muslim countries who...
Keeping History
Ever since Hugo Black succeeded in incorporating his anti-religious prejudices and Thomas Jefferson’s “Wall of Separation” into Supreme Court jurisprudence, Americans have known how a story like this is supposed to end: A parent who comes into a community objects to expressions of that community’s religious traditions in its schools. There is no indication that...