The defeat of the Democratic Party in the 2016 election is an astonishing and unmistakable repudiation of the “transformation of America” to which Barack Obama dedicated himself as constitutional chief executive. Obama’s transformation of America disavowed the natural law principles on which the country was founded. For more than a century Progressive reformers assiduously indoctrinated Americans in the philosophy of pragmatist relativism. Faithful to the Progressive tradition, Obama appealed to pragmatism to rationalize the transformation of America. While post-mortems are being prepared to explain what went wrong, it is pertinent to reflect on how Left-liberal opinion makers understood the “once-in-a-life-time” opportunity that Obama’s election provided to achieve long sought progressive goals.
In response to: Ten Ways for the Next President to Promote the Rule of Law
When Law and Liberty invited me to write on 10 things that a new president could do to promote the rule of law, I was struck by how counterintuitive the question was. After years upon years of debate over presidents pushing the boundaries of the constitutional powers (and not just during the most recent administration, as Philip Wallach stresses), it seemed rather novel to reflect upon ways in which the president himself might promote the rule of law through unilateral action—or, in some cases, unilateral cessation of previous unconstitutional action. Needless to say, my list of ten suggestions was hardly intended…
Adam White’s Liberty Forum essay offers 10 ways for our 45th President to promote the rule of law, many of which I find appealing. But I fear he could offer a thousand such ideas without much effect, and in the end he concedes that he, too, doubts that Presidents will restrain themselves or their governments…
It is very difficult to take issue with the pessimistic tone of Adam White’s sensible advice to the next President on 10 ways to promote the rule of law. All of the topics that he mentions are understood as serious, systemic weaknesses. When it comes to administrative law, President Obama has a penchant for excessive…
I can only applaud the excellent “to do list” in Adam White’s Liberty Forum essay, even as I scan the absentee ballot that I received in September wondering whether any of the leading candidates would have the good sense to give the list the attention it deserves. But we are giving advice here, not forecasting…
Now that Donald Trump is their presumptive nominee, elected officials within the Republican Party are faced with the difficult question of how they should respond. Some are saying it isn’t at all difficult—the people have spoken, by golly!—but I beg to differ. It’s a genuinely hard political question that ought to be framed by philosophical, institutional, and constitutional considerations.
An essential difference between civilization and barbarism is that civilized people conduct politics with words, a precondition of which is that words have objective meanings—they indicate this and not that—and that we are willing to articulate them.
Two weeks ago President Obama returned to the Illinois capitol. Praising the bipartisanship he had found there, he recalled that, despite having different principles, the parties had forged “compromises” that made for “progress.” He held up Illinois politics as superior to the partisan politics that infect Washington D.C. today.
The President may be nostalgic for the political culture that launched his career as a politician. But he does not have to live in the sorry state that was created in large measure by the bipartisanship he celebrates. Illinois is mired in billions of dollars in debt. Its bond rating is the lowest in the nation. It is judged the third worst state to do business. Its strong public sector unions deliver poor services at a high price.
Illinois’ failure to live within its means, and its solicitude for public sector unions, has indeed been bipartisan.
It has always seemed odd that the ultimate power of man over nature—science—is supposed to be what will preserve the naturalness of the environment.
Last time we celebrated Earth Day, President Obama had no doubts when he told the “science guy” Bill Nye that it is “part of our constitutional duty” to promote science for the environment. “I’m not a scientist either, but I know a lot of scientists,” said the President. “I have the capacity to understand science. I have the capacity to look at facts and base my conclusions on evidence.”
Last week President Obama gave a speech to newly naturalized citizens at the National Archives. His remarks show why immigration, long rightly praised as an essential part of our heritage, has become a source of ever greater controversy. The President failed to acknowledge that it is the principles of limited government and individual rights that make United States a welcoming place for immigrants because they assure that newcomers cannot tip the political balance to make life worse for those already here. Instead, the President celebrated the raw power of democracy to make “progress,” change that can come at the expense of long time residents.
The President did suggest that one of the “binding forces” for America is “loyalty” to “the documents” that surrounded the new citizens at the Archives. But he never identified these documents by name, quoted any language from them, or explained why they have an enduring claim on our loyalty.
In particular, President Obama cited almost none of the liberties protected by the Constitution and nothing of the structure of federalism and separation of powers that protects those liberties.
The burgeoning literature on the Obama administration, one of the most lawless in U.S. history, includes Michelle Malkin’s Culture of Corruption (2009), Tom Fitton’s The Corruption Chronicles (2012), Gene Healy’s False Idol (2012), John Fund and Hans von Spakovsky’s Obama’s Enforcer: Eric Holder’s Justice Department (2014), Andrew McCarthy’s Faithless Execution (2014), and the many legal critiques of Obamacare. None, however, focuses on the damage the 44th President has done to the U.S. Constitution like George Mason University law school professor David E. Bernstein’s excellent new book, Lawless: The Obama Administration’s Unprecedented Assault on the Constitution and the Rule of Law.