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, in discussing Constitutional Conservatism, encourages the social and libertarian right to come together around the common principles of “liberty, self-government, and political moderation.”
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. . . .
What have people meant across the generations when they say, "I believe in America"?
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?
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.
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...
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.
It's been more than 25 years since the Supreme Court reinstated the death penalty in 1976. For most of that time, the number of executions in this country climbed steadily higher. In the past several years, however, the death penalty has come under increasing criticism. Executions have fallen nationwide from a high of 98 in 1998 to 66 in 2001. Two states, Illinois and Maryland, declared moratoria on the death penalty over concerns that the death penalty could not be administered fairly. Is the death penalty immoral in and of itself? If not, is it unconstitutional? What is required to ensure that the death penalty is administered with fairness, justice, and accuracy?
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?
A case currently before the Supreme Court challenges the constitutionality of the Texas Homosexual Conduct Law, which in 1974 legalized heterosexual sodomy but not same-sex sodomy. Does the Texas law violate the constitutional rights of homosexuals, or are states permitted to pass such laws if they choose? If the Supreme Court does strike down the Texas law, what implications will that have for other civil rights that gays and lesbians are seeking, such as same-sex marriage?
Given recent trends at both local and federal levels, most notably the Supreme Court decision striking down the Texas antihomosexual sodomy law, it would appear that legal recognition of gay marriage may be just a matter of time. Should gay marriage be granted legal recognition? Are same-sex couples who are not allowed to marry under current law being denied equal protection of the law? How would recognition of gay marriage alter the traditional purpose of marriage? And would gay marriage erode support for families or strengthen it?
Is the Pledge of Allegiance unconstitutional? The original pledge, written in 1892 by the Christian socialist Francis Bellamy, did not contain the words "under God." Congress added these two words in 1954. And it is these words that caused the Ninth Circuit Court of Appeals to rule in June 2002 that recitation of the Pledge of Allegiance in schools violated the First Amendment's so-called separation of church and state. Now the case is before the Supreme Court. Will the Court rule that reciting the current pledge in schools is okay, or do the words "under God" have to go?
The Supreme Court will soon announce its decisions on two cases that are being called the most important for affirmative action in a quarter century. These cases both challenge the use of racial preferences in the admissions policies at the University of Michigan. On one side of the legal dispute over the Michigan policies are those who argue that creating racial diversity on college campuses is a "compelling interest" that justifies the use of certain types of racial preferences in the admissions process. On the other side are those who argue that any system that rewards people solely on the basis of race is unconstitutional. Who's right? And how will the Supreme Court's decision affect the future of affirmation action?
In June 2003, a European constitutional convention presented the fruits of 18 months of work: a draft constitution for the European Union that runs to more than 200 pages. Why does the European Union even need a constitution? Will the constitution limit the powers of the EU over the member countries, or does it mean the creation of a European superstate? Should the constitution be ratified, or is it just a colossal mistake?
This is a special announcement from John and Richard inviting our Law Talk with Epstein & Yoo listeners to join us on February 8th, 2021 at 1PM PT/4PM ET on Zoom for a discussion on the Constitutionality of impeaching a former president. They’ll be joined by National Review’s Andy McCarthy and Peter Robinson will be moderating. Click here for details on how to view the event. See you there!
What happens when South Korean students take a close look at American democracy. By Peter Berkowitz.
France may have a case for banning the burqa. By Peter Berkowitz.
Civics education must not be indoctrination, but it also must not be overlooked. By Peter Berkowitz.