Peter Berkowitz is the Tad and Dianne Taube Senior Fellow at the Hoover Institution, Stanford University. In 2019-2021, he served as the Director of the State Department’s Policy Planning Staff, executive secretary of the department's Commission on Unalienable Rights, and senior adviser to the...
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.
What have people meant across the generations when they say, "I believe in America"?
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?
Did the framers of the United States Constitution intend that the Supreme Court be the sole and final interpreter of the Constitution, with the power to place binding decisions on the executive and legislative branches? Or did they intend that the Supreme Court have the final say only on the legal cases that came before it, thus permitting the executive and legislative branches to have wide latitude in interpreting the Constitution for themselves? The former view, that of judicial supremacy, is the dominant view of the Supreme Court today, accepted, for the most part, both within government and in society more generally. Is this view supported by the Constitution? If not, why and when did it arise? Should we support judicial supremacy, or is it time to rein in the Supreme Court?
The First Amendment of the Constitution declares in part that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." What did this amendment mean to the founders who wrote it? Did they intend to establish an inviolate "wall of separation between church and state"? Or was their intent instead to merely preserve religious freedom and prevent the establishment of a national religion?
There are often said to be two competing schools for interpreting the meaning of the Constitution. On one side are those who believe that the meaning of the Constitution must evolve over time as society itself changes. On the other side are those who insist that the original intent of the framers of the Constitution—what they wrote and what their intent was in writing it—is all that matters. Robert Bork is firmly in the latter school. We asked him to explicate his understanding of the U.S. Constitution, using recent Supreme Court decisions as case studies.
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?
As required by the Constitution, the president of the United States is elected not by the national popular vote but by the vote of the Electoral College. In the Electoral College, each state receives as many votes as it has members of Congress. Because every state has two senators and is guaranteed at least one House member, votes of small states count more heavily than votes of large states. Has the Electoral College served the nation well? Or should it be abolished and replaced by a system in which every vote counts the same? Peter Robinson speaks with Jack Rakove and Tara Ross
When the Constitution of the United States was ratified in 1789, the infamous "three-fifths clause" gave the southern slaveholding states disproportionate power within the federal government. To what extent did this southern advantage help the southerner Thomas Jefferson win the presidency? And to what extent did Jefferson, author of the phrase "all men are created equal," use the power of his presidency to preserve and perpetuate the institution of slavery?
William H. Rehnquist has served as chief justice of the United States Supreme Court for nineteen years, the longest tenure of a chief justice in a century. How has the Rehnquist Court responded to the key constitutional issues of our times? What will be the philosophical legacy of the man himself? And who will miss him more, liberals or conservatives? Peter Robinson speaks with Kathleen Sullivan and John Yoo.
The Supreme Court has the final authority on all matters of law under the U.S. Constitution. But what legal philosophy should the Supreme Court use to reach its decisions? Should the Court merely hand down rules based on the text of a fixed, or "dead," Constitution? Or should the Court apply standards that are based on interpretations of a "living" Constitution that evolves as our society changes? These fundamentally different approaches to constitutional law have created a rift with the current Supreme Court. How serious is this rift? Who's right? And to what extent are these competing arguments merely covers for ideological positions?
Audio recording of “Out for a Constitutional” (26:48)
As Barack Obama begins his second term as president of the United States, the nation faces a range of formidable challenges at the intersection of which are national security and law.
What happens when South Korean students take a close look at American democracy. By Peter Berkowitz.
What sustains the conservative agenda? What makes it distinctive and coherent? In a word, principle. By Peter Berkowitz.
Hoover Institution Press Today Releases Book Highlighting The Meaning of Current American Conservatism Conserving Liberty By Mark Blitz
In this book, Blitz clarifies and defends contemporary American conservatism. He explains the beliefs, practices, and institutions that play a crucial role in forming and sustaining liberty in America.
France may have a case for banning the burqa. By Peter Berkowitz.
The Hoover Institution hosted its annual Board of Overseers’ summer meeting during July 9–11, 2013.
The program began on Tuesday evening with before-dinner remarks by Paul D. Clement, a partner at Bancroft PLLC. Clement served as the forty-third solicitor general of the United States from June 2005 until June 2008. He has argued more than sixty-five cases before the US Supreme Court. During Clement’s speech, titled “Federalism in the Roberts Court,” he talked about the revitalization of federalism in the Rehnquist court “imposing some limits on the federal government’s power vis-a-vis the states.”