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.”
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.
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.
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?
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.
Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, weighs in on the pressure the Boy Scouts are facing to admit gays. Epstein discusses court cases related to freedom of expression and First Amendment rights.
Richard Epstein the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, discusses the flaws in the America Invents Act and considers how to create a patent system that more effectively fosters American innovation.
Richard Epstein the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, considers proposals for increasing the minimum wage, requiring paid sick leave and maternity leave for employees, and toughening anti-discrimination laws.
Peter Berkowitz on Restoring Free Speech and Liberty on Campus by Donald Alexander Downs
Richard Epstein the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, considers the Supreme Court challenge to Section 5 of the Voting Rights Act, its implications for civil rights, and the controversial statement made by Justice Scalia during oral arguments.
Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution and a member of its Property Rights, Freedom, and Prosperity Task Force, notes that the conscious decision to make Apple the focal point of a special investigation offers a bittersweet commentary on the fragile state of the US political economy.