In September, the Ninth Circuit Court of Appeals held that an illegal alien, although properly found to be a danger to the community, should not be removed from the United States because he considers himself to be a transgender woman. Finding that Mexico is not in the progressive vanguard in embracing transgender identity, the court...
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Mr. Lincoln’s War: An Irrepressible Conflict?
“[T]he contest is really for empire on the side of the North, and for independence on that of the South, and in this respect we recognize an exact analogy between the North and the Government of George III, and the South and the Thirteen Revolted Provinces. These opinions…are ...
The Trump Indictment and the Triumph of Critical Legal Studies
The indictment of Donald Trump marks the ascendancy of a progressive legal theory that argues all law is merely politics, and makes the courts into a battlefield for political campaigns.
My Vote Still Counts
Back in 2004, I was part of the 62% of Ohio voters who supported a referendum to amend the Ohio Constitution to define marriage as “a union between one man and one woman.” Last week, the Sixth Circuit Court of Appeals decided, in a 2 to 1 decision, that my vote—and those of some 3....
The Dirty Fact About College Admissions
Pitting the state of Texas against four students who had been denied admission to the University of Texas School of Law because of their skin color, the recent Hopwood v. Texas case could spell doom for racial preferences in public education if affirmed by the Supreme Court. The Sth U.S. Circuit Court of Appeals, whose...
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...
Who’s Afraid of Being Homophobic?
Who’s afraid of being labeled homophobic? A great many people, that’s who, importuned incessantly by the liberal media and other keepers of the woke flame of proper public behavior. That behavior trends ever more left-wing, collectivist, and anti-Western—following Barack Obama’s “arc of the moral universe.” The Supreme Court’s recent decision to enshrine anti-discrimination protections for...
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...
The Rights of Aliens
One way of telling the story of American culture and politics in the second half of the 20th century is to present it as a revolt against the group of white Anglo-Saxon Protestant males who dominated the country from the time of William Bradford to that of Dwight David Eisenhower. This narrative helps to explain...
An Observer of Men
This selection from around 65,000 pieces of correspondence, edited by Learned Hand’s granddaughter, a professor emerita of English at the Claremont Graduate School, could not have been better done. Both Hand’s letters and the letters of his correspondents are included; some of the most notable exchanges are with Bernard Berenson, Philip Littell, Walter Lippmann, and...
State of the Union
You can see how seriously Obama is taking the hot populist temper of the American people and their eagerness to strangle every banker with the entrails of every insurance executive. In an altogether welcome departure from past presidential form in State of the Union addresses at least since 1973 (the ...
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...
Let’s Stop Equating Slavery and Abortion
Frequently, pro-life leaders draw a parallel between slavery and abortion. “You Say Abortion Is Legal? The Supreme Court Also Legalized Slavery,” reads one popular bumper sticker. The motivation for this comparison is understandable, since slavery and the Civil War occupy central places in the American historical imagination. By gesturing toward one of the issues associated...
Stealth Candidates
I have no desire to defend President George H.W. Bush or his execrable appointment of David Souter to the Supreme Court, but I was confused by the chronology of the Turnock v. Ragsdale case laid out by Scott P. Richert in the February issue (“Robert Bork, R.I.P.,” Cultural Revolutions). In December 1989, when that case...
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...
The Intersectional Constitution Comes Alive
The death of the sainted George Floyd has proven to be the ideal pretext for the left to accelerate its campaign of dismantling the markers of American historical identity. With lavish corporate and philanthropic support, radical activists are “resetting” America. This means mandating the instruction of Critical Race Theory in public schools; replacing the American...
How to Restore Faith in the Constitution
In one of the most extraordinary passages of his most extraordinary book, C.S. Lewis, the 20th century’s greatest Christian apologist, wrote of Jesus Christ, that he was either the son of God, as he claimed, or a madman. In the Christmas season, believers take comfort in their faith and joyfully embrace the first alternative. The...
A Landmark Decision
The Supreme Court, in its landmark 6-3 decision in Atkins v. Virginia, has taken the penultimate step toward total elimination of the death penalty in the United States. The facts of the case are clear: Daryl Atkins and an accomplice plotted to rob a customer in a convenience store; abducting their victim, they took him...
Civil Unions
Civil unions, which offer same-sex couples the privileges that presently accrue to those who have been united in normal marriages, have been discussed by several legislators since the MassachusettsSupreme Judiciary Court ordered the state legislature to establish “homosexual marriage.” The Massachusetts high court, under the dynamic (demonic?) leadership of Chief Justice Margaret Marshall, decreed that...
Classic Colonialism
Almost alone among the peoples of the world, the United States has largely been spared—at least until recently—the bitter conflicts that plague countries whose citizens do not share a common language. Since the early 17th century, immigrants from diverse backgrounds have settled here. In the past, it was understood that in exchange for enjoying opportunities...
“If I May Interrupt”: Live From the Senate Floor
As any connoisseur of the manifest absurdities that daily emanate from Inside the Beltway is well aware, what we read in the venerable Congressional Record is not necessarily a verbatim account of what was stated, on any given day, by our lawmakers on the floors of the House or Senate. It is common practice to...
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...
Conservative Credo: Abortion, Conclusion
If the state is to protect life at any cost, doesn't this imply a financial obligation to preserve the life of any child, no matter how deformed or hopeless, no matter what it takes? That means a considerable outlay of tax money, and in parallel cases, when the state assumes ...
Race and Civil Rights
One would expect race-baiting liberals and leftists to try to glorify the “civil-rights movement” and the laws of the early 1960’s, insisting that we view all of it as earth shaking history, more important than the fall of the Roman Empire, the Norman Invasion, the battles of Tours and Lepanto, the Reformation, the American, French,...
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:...
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...
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...
Texas: Exes and Sexes
When Texas Child Protective Services seized the children of mothers belonging to the Fundamentalist Church of Latter Day Saints, I wondered if the Independent Republic was turning Yankee. The seizure was an abuse of power against the fundamental institution of all human societies—the family. Fortunately, the ruling on May 23 by the state’s Third Circuit...
Ici On Parle Anglais
When Canada’s federal government committed the country to two official languages, it set the scene for the social revolution that has since been foisted upon the Canadian majority. That was in 1969, when Pierre Trudeau’s Official Languages Act declared English and French to be the official languages of Canada, possessing and enjoying “equality of status...
Twelve Westerners?
“The Sahara of the Bozart,” more than anything else Mencken wrote about the South, won him the undying hatred of the former Confederacy and its spokesmen. The essay, which first appeared in 1917 as a newspaper column and was subsequently expanded for inclusion in the next volume of the Prejudices series, was attacked at the...
The Virtues of Property
Somewhere deep in their bones, Americans recognize that property is the paramount civil right—perhaps the paramount human right. Anyone who seriously studies American history, particularly that of the late 18th century, will discover that property, along with virtue, provided the foundation for American government. Indeed, the preservation of properly is arguably the chief reason we...
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...
Paul Ehrlich, the Real Founder of Environmentalism
It’s become an accepted opinion that marine biologist Rachel Carson, the author of Silent Spring (1962), was the founder of the modern environmentalist movement. But this may very well be a myth. Recent historical scholarship suggests that this title more likely applies to controversial Stanford University biologist Paul Ehrlich, author of the 1968 best seller...
The Censored History of Internment
In March 1997, Japanese-Peruvians who had been interned in the United States during World War II called upon President Clinton to issue an executive order awarding them financial compensation similar to that awarded in 1988 to Japanese-American former internees and relocatees under Public Law 100-383. Simultaneously, these Japanese-Peruvians lobbied members of Congress to enact legislation...
On Property Rights
I applaud your interest in property rights in the April 2001 issue, “Your Land Is Their Land.” I was especially interested in the article “For Keeps! A Christian Defense of Property” by Scott P. Richert (Views), since I have come to know and work with two of the four families who are used as examples...
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...
Freedom or Tyranny?—June 2006
PERSPECTIVE Imposing Utopiaby Thomas FlemingConcealing despotism. VIEWS Cincinnatus, Call the Office!by Clyde WilsonPublic service versus the American System. Judging for the Peopleby Stephen B. PresserDemocracy, the Supreme Court, and the Constitution. Democracy: The Enlightened Wayby Claude PolinThe your-fault society. REVIEWS A Government We Deserveby H.A. Scott Trask Sean Wilentz: The Rise of Democracy: Jefferson to...
The Battle Over Terri
Michael Schiavo has decided that his wife’s life is without merit. Since her collapse in 1990, he has worked to free himself from the burden of caring for the one he vowed to love in sickness and in health. After she awakened from a brief coma, Terri Schiavo’s condition improved slightly, and, though unable to...
Sailing to Urbino
William Butler Yeats was not talking about literally sailing to a literal Byzantium in his famous poem, and I know that Urbino is a mountain fastness, not a port. Even so, sailing to Urbino is necessary, and it does not matter how you do it—only that you do. One way to approach Urbino is through...
This Dog Won’t Hunt
Judge Roy Moore of Etowah County, Alabama, was sued by the ACLU and something called the Alabama Freethought Association (Unitarian-Universalists, I believe they are) back in 1995 for displaying the Ten Commandments on his courtroom wall and for beginning each session with a prayer by a Christian clergyman. Over the past year, the affair has...
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...
Mr. Lincoln’s War An Irrepressible Conflict?
“[T]he contest is really for empire on the side of the North, and for independence on that of the South, and in this respect we recognize an exact analogy between the North and the Government of George III, and the South and the Thirteen Revolted Provinces. These opinions … are the...
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...
The Real Clarence Thomas
Bitter attacks, tenacious defenses, and great promotion—not to speak of the best TV in a generation—have made David Brock’s book on The Real Anita Hill a best-seller. As Brock admits, he proves neither Clarence Thomas’s innocence nor Anita Hill’s perfidy. But by scouring the transcript of the Senate hearings, he does show that Hill’s reputation...
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...
Signs of Hope in the East
In the United States, the forces of the cultural left have been particularly aggressive in seeking to diminish the influence of our Christian heritage on American society. The Obama administration has led the campaign for the complete separation of religion from the public square. It has used executive orders, regulatory rule-making authority, and the bully...
Dead Sea Drama
Ever since Marshall McLuhan’s famous review of Northrop Frye’s Fearful Symmetry and Parker Tyler’s Magic and Myth of the Movies in 1947, Western intellectuals have felt obliged to mix traditional scholarship with themes from popular culture. Needless to say, few could compete with McLuhan’s brilliance and erudition in taking Parry’s and Lord’s theories about the...
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...
On Sovereigntists
Sean Scallon’s analysis of Quebec sovereignty (Cultural Revolutions, June) misses the point. In Reference on certain Questions concerning the Secession of Quebec from Canada (1998), the Supreme Court of Canada held that the people of Quebec have a constitutional right to press for independence by all means allowed in parliamentary democracy; that the people of...
“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...