I agree entirely with Aaron Wolf both on the constitutional argument but also on the deeper political question of the centralization of power. The problem is that we are all tempted to use the court when it suits our purpose, and in this case if I lived in Chicago I'd ...
2050 search results for: Supreme%2525252BCourt
Post
What Happened to Russian Spycraft?
I am losing confidence in Vladimir Putin. Time was when I had naive respect for the operations of the KGB or whatever the descendants of the Cheka and Ogpu call themselves these days. Whatever one thought of their moral pond life, these people were serious. Had they not turned any number of British and Americans?...
Post
Twin Threats to the Land of Fire
My first stroll through Fountain Square in the walking district of Baku, Azerbaijan, revealed the warp and woof of the city. If I didn’t know otherwise, had someone told me that I was on the Zeil promenade in Frankfurt, Germany, rather than in a country just north of Iran, I would have believed him. The...
Post
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...
Post
Rending the Seamless Garment
People often ask me, “What is wrong with our priests?” or “Why don’t our bishops say more about abortion? They seem to have no trouble whatsoever speaking out quite freely when it comes to war or capital punishment.” On the surface, this is disturbing. I find it even more disturbing, however, that I, a layman,...
Post
Federalism vs. Secession
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.” —The Tenth Amendment Following the passage of the national gun ban wrapped in pork, Representatives Gingrich and Gephardt congratulated each other for their bipartisan cooperation and remarked...
Post
“The One”
Barack Obama has risen to the highest office in the land on a thin résumé—a pair of Ivy League degrees, some time spent as a “community organizer,” and short periods in the Illinois legislature and the U.S. Senate. And then there are the books. The President is the author of the best-selling Audacity of Hope...
Post
Will There Always Be an England?
In his op-ed in the Washington Post, Chris Grayling, leader of the House of Commons, made the case for British withdrawal from the European Union—in terms Americans can understand. Would you accept, Grayling asks, an American Union of North and South America, its parliament sitting in Panama, with power to impose laws on the United...
Post
Guantanamo Bay
Guantanamo Bay is the subject of continuous debate. Can the United States detain indefinitely members of the Taliban captured in Afghanistan, or Al Qaeda insurgents captured in Iraq, at our military base in Cuba? What sort of interrogation measures are permissible by international law in order to obtain information to protect Americans from the continuing...
Post
Slicing and Twisting
No matter how many curses should be heaped on the head of Thurgood Marshall, recently retired from some 24 years of slicing and twisting the raw meat of the Constitution into whatever ideological pastry suited his appetite of the moment, even his shrillest foes have to acknowledge Mr. Marshall’s eminence in the legal and judicial...
Post
The Inevitability of National Politics
Many conservatives have become disenchanted with national politics. This disenchantment is understandable. Strong support for Republicans seeking the White House and seats in Congress has done little to conserve the type of society most of those voting Republican wanted to conserve. By almost any measure, American society has moved steadily leftward in recent decades. Social...
Post
Lilliput vs. Leviathan
There are lots of freckles, red hair, and Celtic names in Catron County, New Mexico. Though almost everyone in the county has some Indian or Mexican blood, this is home to the families and culture which David Hackett Fischer describes in Albion’s Seed as Scotch-Irish, double distilled, first by the Highland clearances and then by...
Post
In Defeat, a Bush Opportunity
In Defeat, a Bush Opportunity by Patrick J. Buchanan • July 3, 2007 • Printer-friendly “I’ll see you at the bill signing,” said a cocky George W. Bush in Bulgaria, when he heard the Senate had just fallen 15 votes short of voting cloture on the Kennedy-Kyl immigration bill he had embraced. Bush returned home,...
Post
Facts Are Stubborn Things
It took only 22 years after he left the White House for conservatives to turn Ronald Reagan into a totem. The celebrations surrounding his 100th birthday on February 6 made George Washington look like a back-bench legislator. Conservatives hailed Reagan as the apotheosis of political wisdom and prudent action. Liberals conceded that he had done...
Post
The Crash of the Greed Machine
“Thy money perish with thee, because thou hast thought that the gift of God may be purchased with money.” —Acts, 20 The Big Board’s 508-point market meltdown was investigated by presidential commission, Congress, the SEC, and the major stock exchanges. Each of these bodies concluded that stocks fell because they were already much too high....
Post
The Revolution in Civil Rights Law
It has been nearly 30 years since the passage of the Civil Rights Act of 1964. By banning discrimination in employment and public accommodations the law was meant to minimize the role of race in the daily lives of Americans. Its result has been the opposite. The doctrine of “disparate impact” has had the astonishing...
Post
As American as a Stolen Election
U.S. presidential elections are routinely contested for a reason: Cheating has been a recurring part of the American electoral process.
Post
Moonstruck Morality Versus the Cosmos
“Who is she that looketh forth as the morning, fair as the moon . . . terrible as an army with banners?” —Song of Songs 6:10 “Si direbbe che persino la luna si è affrettata stasera—osservatelo in alto—a guardare a questo spettacolo.” (“One might almost think that the moon—just look at him up there—hurried...
Post
Through the Woods to Grandmother’s Charter We Go
The sacred American heritage of consent requires exercise if we want it to be meaningful and to preserve our ability to govern ourselves.
Post
Striking Back
Fathers are striking back in the cultural war over abortion. As a slogan, “abortion rights” has translated into the woman’s absolute prerogative to abort her unborn child. It is not only the interests of the child that are brutally crushed by this “right”; the desires of fathers—even married fathers—have also been brushed aside as irrelevant...
Post
A World Safe for Stalinism
Long ago, a British veteran of World War II offered this sober moral judgment on the war: It was just such a sunny, breezy Mediterranean day two years before when he read of the Russo-German alliance, when a decade of shame seemed to be ending in light and reason, when the enemy was plain in...
Post
The Name or the Thing?
“Political words of all others are the most indefinite, on account of the constant struggle of power to enlarge itself by tortured construction of terms.”—John Taylor of Caroline To have spent the better part of a working life as a historian studying Americans of earlier times has been a privilege. It is also a sorrowful...
Post
Living in French in the St. Lawrence Valley
Our little house of wood, a century old, nestles in the countryside in the county of Lotbinière, somewhat to the south of the city of Quebec. There I live with my husband and our five children. Last fall, as my husband and I piled cords of wood in the cellar of our little house, I...
Post
Scouting and Sin
The Boy Scouts of America have recently been accused of sins against Democracy, in the form of discrimination against atheists, homosexuals, and women. Four recent lawsuits have challenged the organizational prerogatives of the Scouts. The families of nine-year-old twins Michael and William Randall of Anaheim, California, and eight-year-old Mark Welsh of Chicago are suing to...
Post
Voting for the Antichrist
This morning, the morning before Election Day 2016, I read a social-media post from an old friend who, over the past year, has felt the Bern and is now calling Donald Trump the Antichrist. It reminded me of another political post, which declared that a certain presidential candidate is the sort who writes aghast the...
Post
Raoul Berger, R.I.P.
On September 23, we lost one of the great jurisprudential fighters for Truth, Justice, and the American Way. Berger, late Charles Warren Senior Fellow at Harvard University, former professor of law at the University of California’s Boalt Hall, one-time second concertmaster for the Cincinnati Symphony Orchestra, died at the age of 99. Berger’s career as...
Post
The Tragedy of Richard Nixon
Pat Buchanan’s new biography of Richard Nixon’s presidency is the first volume anyone looking at that tumultuous time should turn to. Having served as Nixon’s researcher and speechwriter starting in 1966, Buchanan, not yet 30, followed the victorious President into the White House in 1969. In Nixon’s White House Wars, Buchanan makes it clear that Nixon’s tragic...
Post
‘Tis The Season for Creche Suits
If it’s Christmas, then ’tis the season for creche suits, and this past December was no different. The Kentucky chapter of the American Civil Liberties Union filed suit against Gov. Wallace Wilkinson because the state constructed a Nativity scene on the front lawn of the Capitol in Frankfort. Children from the Good Shepherd School (Catholic)...
Post
The Liberal Stampede to ‘Abolish ICE’
“No Borders! No Nations! No Deportations!” “Abolish ICE!” Before last week, these were the mindless slogans of an infantile left, seen on signs at rallies to abolish ICE, the agency that arrests and deports criminal aliens who have no right to be in our country. By last week, however, “Abolish ICE!” was no longer the...
Post
Europe’s Kulturstadt for 1999
Four years ago, when I made a trip to Naumburg to attend a philological symposium devoted to Nietzsche, I was told by one of the participants that, until recently, West Germans traveling from Frankfurt on the main west-east railway line had been forced to dismount when the train reached the “frontier town” where the Federal...
Post
Guilty of … What, Exactly?
It has been amazing to see the number of very smart people who stumble over explaining exactly what Trump was convicted of doing.
Post
Law in Lehi: A Case of Abuse
Lehi, Utah, is somewhat familiar to those who have seen the movie Footloose. The small Mormon community provided Hollywood with the perfect setting for a tale of adolescent rebellion against parental and religious authority. Yet shortly after the movie’s release Lehi’s pious image was ruptured by a child abuse scandal. One morning in the summer...
Post
Defining Racism
“Racism” and its derivative, “racist,” are oft-used words, and so we ought to know what they mean. But often we don’t, and we just fling them at each other, hoping they will wound, if not kill, the offensive person. One of my dictionaries (Standard College Dictionary, 1963) defines racism this way: ” 1. An excessive...
Post
The War on Homeschoolers
Homeschooling is one of the many fronts in the state’s war against the citizen. Despite the efforts of organizations such as the Home School Legal Defense Association, the Rutherford Institute, and Eagle Forum, as well as longstanding laws that protect family autonomy, homeschooling parents are still viewed as neglectful if not downright abusive. With methods...
Post
Roll Up Your Sleeves, Deplorables
Trump has triumphed. Now what? A theme is reverberating on this, the Day After, and it goes like this: The media are buffoons who so obviously got everything wrong. How could anyone trust them ever again? All of the Network Gurus (save FOX’s) staved off the Trumpocalypse for as long as they could on Tuesday...
Post
Winter of Our Discontent
As fall turned into winter, there were unmistakable signs of paleoconservative dissatisfaction with President Trump. In various forums, several paleoconservatives expressed displeasure that Trump had surrounded himself with unrepentant Bush Republicans and neoconservatives; that he was listening too much to his daughter Ivanka and her husband, Jared Kushner, who may be even further to the...
Post
Guess Who’s Not Coming to Dinner
“Blacks for Gray, Whites for Fenty,” ran the nuanced headline on page one of the Washington Examiner. The story told of how black Mayor Adrian Fenty, who got rave reviews for appointing Michelle Rhee to save District of Columbia schools, was crushed six to one in black wards east of the Anacostia River, as he...
Post
The News
A.D. Sertillanges’ advice to anyone who wishes to accomplish intellectual work includes the following admonition: As to newspapers, defend yourself against them with the energy that the continuity and the indiscretion of their assault make indispensable. You must know what the papers contain, but they contain so little; and it would be easy to learn...
Post
Legal Insanity
“Knowing that religion does not furnish grosser bigots than law, I expect little from old judges.” —Thomas Jefferson A society governed by the judiciary—rather than by the will of the majority—displays odd characteristics. On July 29, 1994, a seven-year-old girl in Hamilton Township, New Jersey, was sexually assaulted and murdered. A neighbor who is a...
Post
Can American Legal Education Be Fixed?
Something has gone radically awry with legal education and maybe even legal practice. For about a decade now, the loudest wailing over the state of affairs has come from Chief Judge Harry Edwards of the United States Court of Appeals for the District of Columbia, who wrote a landmark article in the Michigan Law Review...
Post
The Tragedy of Richard Nixon
Pat Buchanan’s new biography of Richard Nixon’s presidency is the first volume anyone looking at that tumultuous time should turn to. Having served as Nixon’s researcher and speechwriter starting in 1966, Buchanan, not yet 30, followed the victorious President into the White House in 1969. In Nixon’s White House Wars, Buchanan makes it clear that...
Post
A Familiar Phenomenon
Judicial tyranny is a familiar phenomenon as judges routinely take charge of school systems and strike down state laws on abortion, pornography, and murder. Recently, one federal judge has even changed the property taxes in Kansas City, MO, while a federal district judge in Des Moines upheld the right of convicts in Iowa to read...
Post
Secession and the New American Constitution
The nine states that ratified the Constitution on June 21, 1788, created an entirely new government. This government was not patterned after the one established under the Articles of Confederation, which was created by the 13 states just seven years before. The Articles actually transferred very little power to the agent they called the “central,”...
Post
Biden Pins His Hopes on Abortion
Democrats are desperate to make the election a referendum on Dobbs. Trump is right to refuse to resist that.
Post
Nostradamus I’m Not
“And it repented the Lord that he had made man on the earth,and it grieved him at his heart.”—Genesis 6:6 It doesn’t matter, since right or wrong, no one will remember, but here are my predictions for 2008 and after. Clinton and Obama will be the Democratic nominees for President and V-P, and will be...
Post
Robbing Paul to Pay Paul
After 12 years under federal rule, Rockfordians are looking forward to the end of the People Who Care school-desegregation lawsuit on June 30, 2002. If the district administration and the school board have their way, however, the fat lady may not actually begin singing for another ten years. One of the many elements that has...
Post
Does the Federal Government Protect Private Property?
Thirteen of the British colonies in North America declared their independence in 1776 as the only means of preserving the life, liberty, and property of what was then declared to be the American people. It was generally understood, in light of John Locke’s 1690 Second Treatise on Civil Government (widely recognized in the late-18th century...
Post
Two Cheers for the United States Supreme Court
Monday’s decision was a movement in support of the rule of law over and against lawfare and the rule of unhinged partisan power.
Post
No Justice, No Peace
There is no pleasing Duke University law professor Brandon L. Garrett, author of the death-penalty-abolishment screed End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice, though much about the current state of criminal justice should please him. Nationwide, death sentences and executions are at historic lows, yet he claims that the...
Post
A Revolution Delayed
If Donald Trump’s legion of enemies had the same grace they decry him for lacking, they would have had to admit that his re-election campaign was a bravura performance. Facing the combined opposition of the media, academy, entertainment industry, permanent bureaucracy, tech monopolists, and big money generally, Donald Trump crisscrossed the country in the final few...