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...
1595 search results for: Supreme+Court
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...
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...
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...
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...
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...
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 ...
“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...
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...
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...
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:...
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...
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,...
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...
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...
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...
The Final Choice: Civilizational Arson Versus Civilizational Sanity
It is not an exaggeration to say that everything is on the line this Tuesday.
Liberty, Justice, and Abortion For All
Last June, the Supreme Court decided that the ObamaCare individual mandate passed constitutional muster under Congress’s taxing power. It left undecided a host of other issues that are now being litigated in the lower courts. Under the HHS mandate that followed ObamaCare, employers with 50 or more full-time employees must offer health-insurance coverage for sterilization...
Doll Studies
In 1954, the Supreme Court held in Brown v. Board of Education that the state-sponsored segregation of children in public schools was a violation of the Equal Protection Clause of the 14th Amendment, and thus unconstitutional. The Court reasoned that segregation “generates a feeling of inferiority . . . that may affect their [black children’s]...
Sodomy and the Lash
Sodomy and the lash, according to Winston Churchill, were the outstanding features of the British Royal Navy. The United States Navy will be at least half-British, if the American courts have their way. The homosexuals’ battle plan to gain acceptance, which includes taking dates to the Officer’s Club, now involves 100 or so discrimination claims...
Ounces of Flesh
On the same day last year that the Supreme Court sliced a few ounces of flesh out of its 1973 Roe v. Wade decision on abortion, it also carved up an American tradition governing the public observance of Christmas. In the case of Allegheny v. ACLU, the Court held that Allegheny County in Pennsylvania could...
Pedestaled Power
Post-Christian beliefs permeate the culture. A stroll across the majority of university campuses, five minutes of channel surfing, the U.S. Supreme Court’s First Amendment case law, popular behavior and that of the American elite—these are proof positive that Christianity in the 21st century bears little resemblance to the Christianity of America’s not too distant past. ...
The Post-Abortive Culture
The recent passage of the Texas Heartbeat Act, signed into law by Gov. Greg Abbott on May 19, has resulted in feverish alarums across the land. These came after the U.S. Supreme Court’s refusal to block the law in late September, following an emergency application made by over a dozen Texas abortion providers and their...
Kennedy v. Kennedy
On the last day of August, Judge Richard J. Leon of the U.S. District Court for the District of Columbia found for March for Life in its suit against the Department of Health and Human Services, among other agencies. March for Life is a secular, nonprofit organization, founded after Roe v. Wade, that opposes abortion...
The New Nationalism
During her short imprisonment for contempt of court, Kim Davis, the Rowan County, Kentucky, clerk who refused on religious grounds to issue marriage licenses to homosexual couples, was compared with (among others) Martin Luther King, Jr., Thomas Jefferson, James Madison, John C. Calhoun, Saint Paul, and even Jesus Christ Himself. Setting aside the propriety of...
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...
Are Republicans Born Wimps?
Republican leaders are “a bunch of wimps,” said Jerry Falwell Jr. Conservatives and Christians need to stop electing “nice guys.” “The US needs street fighters like Donald Trump at every level of government because the liberal fascists Dems are playing for keeps.” So tweeted the son and namesake of the founder of the Moral Majority,...
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...
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...
Another Thurgood Marshall?
When Clarence Thomas, our newest Supreme Court Justice, asked to be sworn in a week before the official ceremony, so he could go on the payroll early, it summed up the whole affair for me. Why are conservatives cheering his ascent to the judicial oligarchy? Yes, it’s fun to beat liberal senators, but not with...
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...
A Feudal Phenomenon
Flags are a feudal phenomenon. Not until the French tricolor was the flag a focus of nationalism. Even during the 19th century, flags were used mostly in military, naval, and diplomatic contexts, and were seldom seen by civilians. Often there was not one national flag but a variety for different uses and occasions. Americans did...
R.I.P. Antonin Scalia
The case called Planned Parenthood v. Casey was decided by the U.S. Supreme Court in 1992. At the time there was some thought that it might be the vehicle for overturning Roe v. Wade, the 1973 case that made abortion a constitutional right. But Casey only made things worse: it reaffirmed Roe, and added an...
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...
Unjust Compensation
Twenty-five years ago, the village of Machesney Park, Illinois, did not exist. Today, it is one of the fastest-growing municipalities in the state: This spring, the village will pay $143,000 for a special census to determine how far the population has risen above its 2000 Census level of 20,759. Village officials estimate that 1,400 people...
Abortion Letters
I would like to add three comments about Chronicles Editor Paul Gottfried’s acute analysis of America’s historical conflicts over abortion (“Feminism Left and Right Drove America’s Permissive Abortion Laws” January 2022 Chronicles). First, as I have documented in numerous publications, while I would never discount the influence of the women’s rights movement of the...
The Lavender Baboon
“O comrade lustrous with silver face in the night.” —Walt Whitman I first heard about “brain freeze” from an amiable fellow who was vending Italian ices. He pointed out that, if the ices were not consumed carefully, the freeze would penetrate the palate into the brain. In fact, I did experience brain freeze that way. But...
Books in Brief: May 2023
Short reviews of Dollars for Life, by Mary Ziegler, and The Encyclopedia of Confederate Generals, by Samuel W. Mitcham, Jr.
A Moderate Proposal
In America today, nearly every month brings a new occasion to renew the Culture War over religion in the public square. By next year, our sensitive multicultural elites might insist on celebrating “Hearts and Flowers Day” on February 14 and “Drink Beer and Wear Green Day” on March 17. Americans have not always been such...
Foregone Conclusion
The now famous video of the Los Angeles police beating did not, for me, evoke the formulaic outrage that the media intended. Instead, strangely, it brought back a flood of memories from my misspent youth, a year of which was passed as a reporter on the “police beat” of a daily newspaper in a medium-sized...
Continuing Legal Education
Continuing legal education is imposed on lawyers by the Missouri Bar Association and the Missouri Supreme Court, and right before the November election I took a day to fulfill the requirements. The only CLE show in town at the time was a seminar presented by the Missouri Association of Trial Attorneys on using a vocational...
Cosmopolitan Nation
The search for and, when it cannot be found, the construction of a usable past remains the overriding task of our official historians, who believe that we are forever on the cusp of a new age. The opposite could be said of Thucydides, who sought “an exact knowledge of the past as an aid to...
From One Assault on the Constitution to Another
The U.S. Constitution has few friends on the right or the left. During the first eight years of the 21st century, the Republicans mercilessly assaulted civil liberties. The brownshirt Bush regime ignored the protections provided by habeas corpus. They spied on American citizens without warrants. They violated the First Amendment. They elevated decisions of the...
The War on Blight
If you live in an older section of town, this may already have happened to you. You wake up in a cold sweat. For the past 15 years, you and your husband have lovingly restored an old Victorian house. It was pretty decrepit when you started; now, it is an object of pride and beauty. ...
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.