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Peter Berkowitz is the Tad and Dianne Taube Senior Fellow at the Hoover Institution, Stanford University. Since 2019, he has been serving on the State Department’s Policy Planning Staff in the office of the secretary. He is a 2017 winner of the ...
Reading into the Constitution
Constitutional Conservatism: Liberty, Self-Government, and Political Moderation by Hoover fellow Peter Berkowitz
Hoover Institution Press released Constitutional Conservatism: Liberty, Self-Government, and Political Moderation, by Peter Berkowitz. Berkowitz contends that constitutional conservatism encompasses a distinguished tradition of defending liberty that stretches from the great eighteenth century British statesman Edmund Burke through the authoritative exposition of the Constitution in The Federalist to the high points of post-World War II American conservatism.
Berkowitz discusses his recent book on Liberty Law Talk
Peter Berkowitz, the Tad and Dianne Taube Senior Fellow at the Hoover Institution, discusses his new book, Constitutional Conservatism. The book deepens Frank Meyer’s conservative fusionist project by adding an Aristotelian and Burkean challenge to both Libertarians and conservatives in America.
PSU Debate Covers Human Rights and Rules of War
Human Rights attorney Scott Horton debated Hoover Institution Senior Fellow Peter Berkowitz on human rights and the rules of warfare in a debate organized by the Pomona Student Union on Mar. 4 at 7 p.m. in Edmunds Ballroom. . . .
That Was Fast
Not long ago, same-sex marriage was a cause advanced by a handful of activists. Now it’s the law of the land. How did that happen?
Why King V. Burwell Should Cheer The Right
The Supreme Court’s 6-3 decision upholding the Obama administration’s interpretation of a critical provision of the Affordable Care Act was the rare judicial action that helped both Democrats and Republicans, at least in the short run.
Member of D.C. Circuit Court Is Least Likely to Offend GOP
Merrick Garland, a judge on the Court of Appeals for the District of Columbia Circuit, long a pipeline to the Supreme Court, could be one of least controversial choices to succeed Justice John Paul Stevens, according to legal experts.
What Would a Return to the Constitution Entail?
The Left's Hollow Complaints About Hobby Lobby
Progressives are fond of saying that they stand for empathy and compromise, and are quick to blame conservatives for polarizing our politics. Their feverish reaction last week to the Supreme Court’s thoughtful 5-4 decision in Burwell v. Hobby Lobby Stores, Inc. shows that progressives could use more of the virtues they claim as their own.
Judith Miller Recants; Where's The Media?
In “The Story: A Reporter’s Journey,” which hit book store shelves Tuesday, April 7, former New York Times reporter Judith Miller revealed in the final chapter that she now believes that she was induced by then-Special Counsel Patrick J. Fitzgerald to give false testimony in the 2007 trial of I. “Lewis” Scooter Libby, former chief of staff to Vice President Dick Cheney.
Read Renewing the American Constitutional Tradition, a new collection from the Hoover Institution Press
The Hoover Institution has recently released a new volume edited by Hoover’s Tad and Dianne Taube Senior Fellow Peter Berkowitz entitled Renewing the American Constitutional Tradition.
JUDGING THE JUDGES: The Judicial Appointments Process
In his first term, President George W. Bush has had difficulty getting his nominees to the federal courts of appeal confirmed by the Senate. The Democrats have taken the almost unprecedented step of threatening filibusters to prevent floor votes on certain nominees. Has the judicial appointments process become the latest victim of bitter partisan politics? Or has the judiciary brought this state of affairs on itself by advancing a doctrine of judicial supremacy, leaving the executive and legislative branches no choice but to resort to political litmus tests for nominees? What does this situation bode for the next Supreme Court nomination? And what, if anything, should be done to reform the process?
Obama’s Empathy Test
In discharging their constitutional duty to provide advice and, if they deem appropriate, give consent to President Barack Obama’s nomination of Judge Sonia Sotomayor to the Supreme Court, Senators should examine the critical importance the president attaches to empathy...
TORT AND RETORT: Tort Reform
During the 2004 presidential campaign, one principal plank of George W. Bush's domestic platform was reforming tort law, which includes class action lawsuits, asbestos liability, and medical malpractice liability. President Bush believes that tort law as it now stands permits trial lawyers to take advantage of good companies, driving up the costs of doing business for everyone. Others believe that existing tort law allows consumers to protect themselves against bad companies. Which is it? And should President Bush be given the tort reforms he wants? Peter Robinson speaks with David Davenport and Alan Morrison.
PATRIOT GAMES: The Patriot Act in Review
In October 2001, in response to the terrorist attacks of September 11, Congress passed, and President Bush signed, the USA Patriot Act. The law is intended to prevent future terrorist acts by enhancing various law enforcement tools. Critics argue that the Patriot Act is a dangerous infringement on American civil liberties. Now, more than two years after the passage of the Patriot Act, do we have any evidence that the critics are right? For that matter, do we even know whether the Patriot Act is working to deter terrorism? Should the Patriot Act be allowed to expire, or should its provisions become a permanent part of the war on terrorism?
GIVE ME CIVIL LIBERTIES OR GIVE ME...SAFETY? Should the Patriot Act Be Renewed?
In late 2001, in response to the terrorist attacks of 9/11, the Bush administration proposed the USA Patriot Act, which gave law enforcement agencies expanded surveillance and intelligence-gathering powers. Congress overwhelmingly approved the Patriot Act on the condition that most provisions of the act would expire in 2005. President Bush now wants all provisions of the act extended. Should they be? Or are the provisions dangerous and unnecessary infringements on our civil liberties? Peter Robinson speaks with Jenny Martinez and John Yoo.
INALIENABLE RITES? Gay Marriage in the Courts
On March 14, 2005, a California Superior Court judge ruled that the state's ban on same-sex marriage violated the state constitution. Although the decision is certain to be appealed up to the California Supreme Court, California may now be on the road to joining Massachusetts in legalizing gay marriage. Did the Superior Court judge decide correctly? Just how compelling are the constitutional arguments for and against gay marriage? Peter Robinson speaks with Terry Thompson and Tobias Wolff.
TAKING LIBERTIES: Civil Liberties and National Security
Following the September 11 terrorist attacks, Congress passed and President Bush signed the USA Patriot Act—legislation intended to thwart the threat of domestic terrorism. Critics were quick to denounce USA Patriot as a dangerous expansion of government power at the expense of our civil liberties. Are the critics right? Or can we win the war on terrorism without sacrificing our civil liberties here at home? And what has the American experience in earlier crises, such as the Civil War and the two world wars, taught us about balancing national security and personal freedom?
DISORDER IN THE COURT: The Supreme Court and the 2000 Election
On December 12, 2000, the Supreme Court of the United States brought an end to thirty-six days of dramatic vote recounts and legal challenges in the state of Florida. The decision let stand the initial results of Florida's election, which gave the state's electoral votes, and thus the Presidency, to George W. Bush. What was the legal justification for the Supreme Court's decision? Should the Court have intervened in the first place? And what precedent did the Court create for future elections?