MISRULE OF LAW

A Chronicle of Legal & Judicial Mischief

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Year: 2022

The Founders’ Constitution and Its Discontents

Adrian Vermeule’s Common Good Constitutionalism represents his version of the left’s “living Constitution.” Few people will embrace his self-serving theory, which is tailor made to accommodate both his beloved administrative state and integralist moral philosophy—a peculiar combination.…

Review: BLM: The Making of a New Marxist Revolution

This essay originally appeared in the May 2022 issue of Chronicles (here). In 2020, following the death of George Floyd—a drug-addled career criminal-cum-martyr—in Minneapolis, many cities were besieged by destructive riots, under the banner of “Black Lives Matter.” Just as disconcerting …

The Lawyers’ War on Law

This essay originally appeared in the pre-digital magazine The American Enterprise (published by the American Enterprise Institute) in March 2001. Written over 21 years ago in the wake of the 2000 election dispute in Florida, which was resolved in Bush v. Gore, I think my take has held up pretty …

Trouble in Paradise? (Part 13): Four More Years?

Blount County’s establishment expects voters to re-elect the incumbent local officials simply because the incumbents do the establishment’s bidding. But aren’t they supposed to represent YOU?  During the 1980 presidential campaign, outsider candidate Ronald Reagan stunned his unprepare…

Ivy League Justice: The Credentialed Court

On paper, the Justices serving on the U.S. Supreme Court have never been more qualified. Does this make the Court better? Some argue that precisely the opposite is true. Are elite “credentials” overrated? This essay first appeared in Law & Liberty, on March 8, 2022 (here). Thanks to How A…

Redneck Poet: Working Man’s Robert Frost?

Merle Haggard, a country music icon, was emblematic of a tumultuous era in America. He deserves to be remembered. This essay originally appeared in Law & Liberty, on March 4, 2022 (here). Thanks to Power Line, Real Clear Books (here), Scott Johnson’s Sunday Morning Coming Down (here, he…

Unmasking the Nanny State

Preserving the rule of law sometimes requires judicial intervention to prevent government overreaching. This essay first appeared in Law & Liberty on February 23, 2022 (here). Thanks to Power Line, Instapundit (here), the SE Texas Record (here), Real Clear Policy (here), Cafe Hayek (here), an…