In this age when the foundational idea of American federalism has become all but defunct and the concept of states’ rights still has the whiff of Jim Crow about it, it is difficult to see how either individual states or regions can have any significant influence on the federal government—even if they had legislatures interested,...
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...
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...
Following the Supreme Court's overturning of higher education affirmative action, there have been a rapid succession of righteous pushbacks against the academic commissars who collectively comprise America's DEI regime.
In the opinion of Marshall DeRosa, one of the contributors to this book, The transition from states’ rights to unitary nationalism, i.e., domestic imperialism, was the most significant development in American politics. This marks one of the worst fears of the framers coming to fruition, tyranny. That is a self-evidently correct judgment. It is also...
One man, one vote. It seems such an obvious, such a simple principle. What can possibly hinder its implementation in South Africa, where blacks are barred from the exercise of citizenship rights, or Israel, where West Bank Palestinian children take to the streets demanding self-government and civil rights, or New York City, where the Board...
After the Roe reversal protests erupted all across the country, with the largest in New York, Chicago, and Los Angeles—cities in states with virtually zero probability that their lawmakers will pass laws restricting abortion.
Everyone knows that Andrew Jackson wanted American Indians annihilated, defied the Supreme Court in a famous challenge to Chief Justice John Marshall, and forcibly removed the Five Civilized Tribes of the Southeast to lands west of the Mississippi River. What everyone knows is not true. Once a venerated American hero, Andrew Jackson has been attacked...
Officer Laurence Powell is off the hook, at least for now. Dealing a severe blow to the civil rights establishment and federal police power, the Supreme Court has overruled the Ninth Circuit Court’s motion to stiffen the sentence handed down in the federal trial of Powell and Stacey Koon, who were found guilty of violating...
Americans have been captivated by the February incident in Sanford, Florida, that resulted in the death of Trayvon Martin and the eventual arrest and charging of George Zimmerman. If the case could be resolved today, Trayvon Martin’s family would still be without a son, George Zimmerman—even if exonerated—will never live a normal life, Sanford Police...
Trump's fight with our corrupt system is why his supporters can’t let him go. Who knows? It just might make him president again.
President Bush’s nomination of Judge John Roberts to the U.S. Supreme Court has caused something just a little short of panic on the left. The day after the announcement, the New York Times told its readers that Roberts and his wife, Jane Sullivan Roberts, are “devout Catholics.” The following day, a front-page headline proclaimed that...
“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...
Elbridge Gerry’s infamous salamander district pales in comparison to the monster- like menagerie birthed in redistricted states that fall under the preclearance requirement of Section Five of the federal Voting Rights Act. Although Virginia’s state constitution requires that “every electoral district shall be composed of contiguous and compact territory,” the feds overruled it and mandated...
Written documents should be interpreted with an eye toward discerning the intent of the author. When the Constitution of the United States is the text under consideration, the relevant intentions are those of the men who drafted and ratified the document. This proposition reflects a long-established canon of construction: common-law judges as far back as...
The contrived conviction of Roger Stone showed that America has a profoundly serious problem with its legal system. The reaction to President Trump’s commutation of Stone’s sentence by mainline media, and former and current prosecutors tells us that the president himself is likely to be prosecuted after leaving office. The roots of this problem lie...
“A dog’s obeyed in office,” and the power of the welfare state to grab your money, property, health, and—through “no-fault” divorce—your children, too, is already bad enough. Now it is getting worse, via the usurpation of punitive court prerogatives by bureaucrats whose sole purpose is “revenue enhancement” and the growth of the state. The case...
Americans regularly accept expropriations—legal, moral, and economic—from the central government that would have driven our 18th- and 19th-century ancestors to arms. The Constitution reserves to the states and local communities all powers necessary to provide legal protection for valuable ways of life. These rights have been usurped by the central government, especially by the Supreme...
June was a depressing month for genuine conservatives. Apart from the Supremes putting their stamp of approval on ObamaCare, the horrifying murders of nine black churchgoers in Charleston, South Carolina, unleashed a jihad against the Confederate Battle Flag (Beltway “conservatives” piled on in support of the jihadists), while a majority of the robed Politburo found...
You really can’t have “gay marriage,” you know, irrespective of what a court or a legislature may say. You can have something some people call gay marriage because to them the idea sounds worthy and necessary, but to say a thing is other than it is, is to stand reality on its head, hoping to...
After a week managing the transition, vice president-elect Mike Pence took his family out to the Broadway musical “Hamilton.” As Pence entered the theater, a wave of boos swept over the audience. And at the play’s end, the Aaron Burr character, speaking for the cast and the producers, read a statement directed at Pence: “(W)e...
Bias crimes will no longer be tolerated in New York City, say the proponents of the city’s new “bias crimes” statute. Its sponsors call it one of the toughest such laws in the nation, and it will for the first time allow judges to award unlimited punitive damages to victims of bias attacks, as well...
The presidency must be destroyed. It is the primary evil we face, and the cause of nearly all our woes. It squanders the national wealth and starts unjust wars against foreign peoples that have never done us am harm. It wrecks our families, tramples on our rights, invades our communities, and spies on our bank...
On July 22 of this year, the Washington Times published, as the weekly installment of its “Civil War” section, a long article by a gentleman named Mackubin Thomas Owens, described as “professor of strategy and force planning” at the Naval War College in Newport, Rhode Island, under the headline, “Secession’s apologists gut Constitution, history.” The...
Trump's rise in the 2024 election polls after his indictment plays into Democrat hands, potentially saddling Republicans with a candidate who cannot win in 2024 because he cannot acknowledge his past mistakes.
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...
When Title VII of the Civil Rights Act of 1964 was first passed, “help wanted: men” and “help wanted: women” ads were common in newspapers. Private employers could hire and fire for discriminatory reasons. Title VII made discriminatory ads and the hiring practices they represent illegal. In their new book, Unequal, two law professors, Sandra...
A legal execution occurred last summer in South Carolina, the first in about two years. Donald (“Pee Wee”) Gaskins, a rural Bluebeard credited with 16 murders, was embraced by the electric chair amidst general public relief and the usual candlelight vigils by opponents of capital punishment. The public satisfaction, however, if it rests on a...
As the high lunacy of the 1990 budget negotiations showed, America’s federal arrangement has been replaced by a confederation of special interests that have less in common than the former colonies—or even, perhaps, than the states that comprise the United Nations. America resembles more a League of Interests than it does a nation. The solution...
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...
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...
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...
Donald Rumsfeld has produced, four years after his departure from government, a memoir of no stylistic distinction. It contains few if any interesting revelations, save, perhaps, those relating to President Nixon’s choice of vice presidents. For what it does contain, it is at least twice as long as it should be. There is a great...
Amy Wax talks about issues of race, merit, intelligence, and virtue as well as the discriminatory effects of Affirmative Action.
“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...
With little fanfare, in the past week the United States officially became a military dictatorship. The U.S. Supreme Court declined to hear the appeal of a suit brought against the 2012 National Defense Authorization Act that allowed indefinite detention of U.S. citizens. That means the military now can, at any time, “disappear” you, even if...
When Lorena Bobbitt startled her hubby one evening with a knife through his privates—vigorously severing an intimate part of their relationship—a lot of women apparently admired the, uh, statement Lorena made that night. I own the conversation radio station for Lancaster & York counties in Pennsylvania, and the other morning Lorena Bobbitt talk poured from...
I happen to be a conservative, a Christian, and white. I am also in the military, and I disapprove of homosexuality. At the University of Wisconsin, there is little tolerance for this combination of characteristics. As a student there, I served as the symbol of all that’s wrong with the world. My checkbook showed just...
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...
On February 6, 1998, the Mexican consul general in California, Jose Angel Pescador Osuna, spoke at the Southwestern School of Law in Los Angeles as part of a symposium on the 1848 Treaty of Guadalupe Hidalgo, which gave the Southwest to the United States. Osuna proclaimed, “And even though I am saying this part serious,...
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 Democrats’ strategy is failing. But it is up to the American people to make them pay for it.
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."
Any exploration of American nationalism must begin with the National Question: “Is there such a thing as the American people? And if so, what is it?” Most people do not ask such questions. A Frenchman does not wonder if he is French, nor the Pole if he is Polish, nor—notoriously—the Serb if he is Serbian....
Back in the innocent days of 1967-70, I attended Benjamin Franklin Junior High School in the Wayne-Westland Community School District in Michigan. District motto: “Absolutely, entirely, completely dedicated to mediocrity.” Like most junior high schools, grades 7-9, it mysteriously has been transformed into a middle school, grades 6-8. In 1967-68, Franklin had a simple dress...
I told you it was coming. Back in May, on my show, “Sovereign Nation,” I chronicled significant signs of pro-life progress that were driving death-lobby Democrats mad—and I warned of a wave of intolerant tantrums to come as we hurtle into autumn. It’s here. In a 5-4 ruling last week, the U.S. Supreme Court refused...
The Supreme Court, in the case of Johnson v. Texas, arrogated to the federal government the power to decide that all states must allow the public burning of the federal government’s flag. This decision clearly contradicted both the near unanimous understanding of previous Supreme Court justices, including such constitutional nihilists as Chief Justice Earl Warren...
There is an unattributed quotation that says, “The average taxpayer is the first of America’s natural resources to be exhausted.” The American people have turned away from a big, activist federal government because they feel they have been forgotten; in fact, taxpayer resources have long been exhausted. Today, average Americans, forgotten by the bloated bureaucratic...
Prominent figures on the intellectual and political right are increasingly questioning the superiority of markets over government. In the cultural realm, that argument has a long history, with traditionalists arguing that market forces undermine morality and cause an ever-increasing vulgarization of culture and society. Libertarians agree that this is true but celebrate the outcomes, or at...
The ugliness displayed by the media and Democrats during the fight over Brett Kavanaugh’s nomination to the U.S. Supreme Court is yet another indicator of how far we have come from Hamilton’s conception of the federal judiciary as “the least dangerous branch.” Kavanaugh was nominated to replace Anthony Kennedy, who used his perch on the...