Following politics can often be extremely frustrating if one seeks something like truth as opposed to victory. So much of what goes on involves one sided arguments that one side accepts as God’s word and the other treats as the Devil’s. Part of the problem is ignorance about politics that is fueled by what is known as rational ignorance. Another part of the problem is the emotional charged aspects of political debate. Yet another part is that people view political matters as involving teams – statements are seen as supporting one or the other team, and players are supposed to…
Archives for May 2014
Is there some connection between republican government and nastiness? For politics in America is a nasty affair, is it not? Oh, I don’t mean it’s nasty the way Syrian or Ukrainian politics are nasty. Rather, they’re nasty in the way that politics in Britain and Canada aren’t nasty.
We’re just past decision time for the high school seniors (my son among them) who will comprise the college class of 2018. Deposits have been paid and plans are being laid for that all-important first semester.
Given its goal—which appears to be to persuade college and university administrators to adopt its product as part of their increasingly onerous assessment regimes—I probably shouldn’t be surprised that Gallup’s inaugural survey of the impact of the college experience on workplace engagement and well-being was released after May 1. While I don’t think they’re the final word on the subject, there are some simple takeaways from the survey that might not make college admission directors’ hearts go pit-a-pat:
So there’s yet another biography of Madison out, and this one is by Lynne Cheney. I might have bought it for the author, not the book’s subject, as it’s hard to see this sort of thing as much more than a display of patriotism. The French have Rousseau, the Germans Kant, the British (or Scots) Hume. The Americans have Madison, and must make the most of him, even if he is not much read outside of their country. One of the Philadelphia Convention’s turning points came on July 17, when Gouverneur Morris argued for an elected president on a theory of…
The expansion of the state and the services it provides, well or badly as the case may be, inevitably changes the relations between citizen and state. Among other effects, it corrodes the idea of privacy and even the very possibility of privacy: for the more the state does for citizens, the wider its locus standi to interfere in their lives. It becomes, in the wonderful phrase of the Marquis de Custine about Nicholas I in his great book, Russia in 1839, eagle and insect: eagle because it soars above society, taking its capacity for an overview as an entitlement to direct everything, and insect because it bores into the smallest crevices of what lies below, though perhaps nowadays vulture and termite might be a better zoological metaphor.
In a recent article in the New York Times Adam Liptak describes the increasingly partisan splits on the Supreme Court. More than at any time in its history, he argues, the divisions in cases follow partisan as well as ideological alignments. Thus, today the five justices appointed by Republican Presidents (the Chief Justice, Scalia, Kennedy, Thomas and Alito) vote consistently more conservatively than those appointed by Democratic Presidents (Ginsburg, Breyer, Sotomayor, Kagan).
For the moment I will accept Liptak’s statistics and focus on his explanations. Liptak argues that partisan polarization is the result of increased polarization more generally, as Republicans and Democrats move to become cohesive ideological parties, distant in their policy preferences. Moreover, Liptak argues Presidents have become better at predicting justices’ votes. These factors are certainly relevant, but I think they miss one important change. Originalism and its often close cousin in statutory interpretation—textualism— today create a larger gulf in jurisprudential approaches to the Constitution and statutes between Republican and Democratic appointees.
There was not such a consistent jurisprudential chasm in the Court for much of the latter part of the twentieth century. There were no originalists on the Court when Scalia joined it. Thomas then became another powerful originalist voice. While Alito and Roberts are not pure originalists, the original meaning of the text has a strong pull for them even if precedents restrain the extent of its power. Their opinions on the commerce clause in Sibelius are excellent examples of the power of the text; the Democratic appointees did not even substantially respond to the originalist arguments.
The House has now held Lois Lerner in contempt. The principal sanction under existing practice derives from a criminal statute, but this sanction requires Eric Holder’s Department of Justice to prosecute Lerner. That seems exceedingly unlikely. Thus, many assume that there will be no consequences for Lerner’s contempt and no incentive for Lerner to testify. But the House has other options. It can seek a civil contempt ruling from a federal judge, but this option has a significant disadvantage – the ruling might not be enforced by the end of the existing Congress and therefore would require a new authorization by the…
Recently, the Minnesota Supreme Court upheld the appeal of a man convicted and sentenced to a one-year prison term for having aided the suicides of two depressed people through advice and encouragement he had offered them over the Internet.
The grounds on which the appellant successfully challenged his conviction were that the statute under which he had been prosecuted and convicted — and which proscribed ‘encouraging, advising or assisting another in committing suicide’ — violated his First Amendment right to free speech.
Kurt Lash comes to Liberty Law Talk to discuss his newest book, The Fourteenth Amendment: The Privileges and Immunities of American Citizenship. If you think the Slaughter-House Cases of 1873 gutted the Privileges or Immunities Clause of constitutional meaning and set us on our present course of strangely incorporating the Bill of Rights through the Due Process Clause, then you need to listen to this conversation. Lash argues that the original public meaning of the Fourteenth Amendment's Privileges or Immunities Clause is definite once you understand the context of the debate in the 39th Congress. Rather than emerging from the Comity…
I’m often asked whether it’s challenging to be a Jewish professor at a Catholic college that takes its religious identity seriously, to which my answer is, first, no, and, second, I certainly prefer it to being a Jewish professor at a Catholic college that takes its religious identity casually. In any event, my contributions to the institution’s Catholicity through participating in its intellectual life are warmly welcomed, and to the extent I am involved in ritual events, I treat them like I would treat being a guest in someone else’s home. Still, my colleagues have been accommodating nearly to a fault. In more than one setting, prayers have been ecumenically tailored to my presence—wholly unnecessarily, but considerately nonetheless.