Some discontents are trying to dissolve the bonds that undergird our national motto: E Pluribus Unum. This is my response to the reply essays in the Law & Liberty forum on nullification. It appeared in Law & Liberty on August 30, 2024 as “E Pluribus Unum” (here). Thanks to Rea…
Year: 2024
Judicial Activism and Lawfare in Big Sky Country
What in the heck is going on in Montana? A slightly-edited version of this essay first appeared in The Federalist as “How ‘America’s Worst Court’ Intimidates Elected Officials To Fight Judicial Reform,” on August 28, 2024 (here). Thanks to Real Clear Policy (here), How Appealing…
Slouching Towards the Gulag
“Lawfare” consists of weaponizing the legal system (civil and criminal) against one’s political opponents. Unlike actual warfare, which is acknowledged to be hellish, lawfare is typically—and falsely–conducted in the name of “justice,” undermining both the truth and the rule of …
The Union and its Discontents
Many Americans regard their national government as a hostile “regime.” In a republic, the solution is constructive civic engagement, not futile resistance—unless, of course, the goal is disunion. This article first appeared in Law & Liberty on August 1, 2024 (here) as the lead essay in …
The Demise of Chevron?
Whether Loper Bright will tame the administrative state remains to be seen. This essay originally appeared on July 30, 2024 as part of a symposium on Tom Klingenstein’s website, with the title “Draining the Swamp Is Now a Job for Congress” (here). Thanks to Real Clear Policy (he…
Common Sense and Public Order Are Restored to America’s Cities
The Ninth Circuit’s utopian jurisprudential experiment of ignoring human agency predictably ended in disaster. This essay originally appeared in The American Conservative on July 2, 2024 (here). Thanks to Real Clear Policy (here) and Ace of Spades HQ (here)! On June 28, the Supreme Court correc…
Union Organizing is on the Decline
Despite a friendly NLRB tipping the scales, workers are increasingly rejecting labor organizers’ underhanded tactics. This essay originally appeared in Law & Liberty on June 17, 2024 as “The Continuing Decline of the Private-Sector Union” (here). Thanks to Real Clear Policy …
Constitutional Conservatives Should Recognize That “Nullification” Is a Chimera, Not a Panacea
Serious problems—and the nation is beset by many–require serious solutions. Conservatives should unite in finding meaningful solutions that will work in the real world. Nullification is not among them. Sadly, some on the Right continue to embrace the chimera. Here is one example. The Tent…
Remembering Edward C. Banfield
Banfield was a clear-eyed, independent-minded political scientist willing to follow the data wherever it led. Beginning his career as an ardent New Dealer, he “switched sides” and later refused to accede to political correctness. This made him a best-selling author but led to pariah status in…
John Eastman’s Terrible Travails
Trump Derangement Syndrome and the tyrannical excesses of far-left apparatchiks in the organized bar threaten the longstanding principles of our legal system. The rule of law is at stake. This essay originally appeared in Tom Klingenstein’s blog, Save the American Way of Life, on April 23, …