Archives for April 2019

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Justice Kagan Recognizes Legal Meaning as the Proper Object of Interpretation

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U.S. Supreme Court (Rena Schild/shutterstock.com).
Justice Kagan often asks just the right question in statutory construction cases, and she should carry her logic over to constitutional questions as well.

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Paul Hollander, In Memoriam

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Paul Hollander, 1932-2019
Fascinated by the Western intellectuals’ fascination with communism, Hollander was able to explain it to us.

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Fukuyama’s Hollow Nation-State

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Francis Fukuyama (Image: Johns Hopkins University)
There is no guarantee that science, technology, liberal democracy, commercial greatness, or military strength will go on much longer in a liberal regime.

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The United States, Balancer of First Resort?

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Destruction of the Athenian army by Syracuse, Corinth, and Sparta in the Sicilian Expedition, Peloponnesian War, 415 to 413 B.C. (alamy.com)
The tragic sensibility shows statesmen what course to follow as the international liberal order frays under the assaults of revisionist powers.

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Sweet Irony: Illinois Legislature Needs Trump Judges to Require Release of Trump’s Income Tax Returns

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Senate Chamber at the Illinois State Capitol in Springfield, Illinois (Moab Republic / Shutterstock.com).
It is Trump judges who would allow states to do just what the Illinois Senate wants to do in SB0145 as it seeks to prevent Trump’s reelection.

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Attacks on Attorney General Barr’s Handling of the Mueller Report Undermine Justice

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U.S. Department of Justice (Roman Babakin/Shutterstock.com).
Critics of William Barr forget that the Mueller Report contains four kinds of material that must be screened prior to release.

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Does The Ninth Amendment Constitutionally Protect Unenumerated Rights?

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Preamble to the Constitution (Jack R. Perry Photography/Shutterstock.com)
The Ninth Amendment recognizes natural rights, but does not protect them as constitutional rights.

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The Peculiar Institution and the Supreme Court

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Joseph Story (shutterstock.com)
Paul Finkelman’s account of antebellum decisions gets Justice Taney right, but not Justice Marshall, and especially not Justice Story.

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Fear God. Honor the Emperor. A Conversation with Robert Louis Wilken

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St. Peter's Square in the Vatican City.
Robert Louis Wilken discusses his new book Liberty in the Things of God.

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Brexit Doesn’t Mean Brexit

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Berlin, Germany. 16th February, 2018: Angela Merkel and Theresa May at the German Chancellery.
Britain has thus fully joined the modern European tradition of holding a seeming consultation with the people only to ignore the results.

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