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...
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.
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.
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?
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 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?
In March 2002, President Bush signed into law the Bipartisan Campaign Reform Act, better known as the McCain-Feingold Bill. The law bans political contributions known as "soft money"—that is, money from corporations, unions, and other organizations given to political parties for "party-building activities," thereby skirting campaign contribution limits. The Supreme Court has now taken up McCain-Feingold and will determine whether all or parts of the act will be upheld or overturned. Are soft money bans legal? Or do such campaign finance restrictions infringe on freedom of speech? Just how should the Court decide?
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
What sustains the conservative agenda? What makes it distinctive and coherent? In a word, principle. 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.”
The Hoover Institution hosted its annual Spring Retreat beginning on Sunday, April 21, 2013, with before-dinner remarks by Kevin Warsh, a distinguished visiting fellow at the Hoover Institution and a lecturer at the Stanford Graduate School of Business. His speech, titled “The Economy over the Horizon: Unknown Knowns,” emphasized the importance of the state of the economy, which currently has a 2 percent growth rate, and understanding the concept of “unknown knowns,” a reference to former secretary of defense Donald Rumsfeld.
Hoover Institution research fellow Peter Schweizer has a potential blockbuster of a new book hitting the shelves Oct. 6 entitled "Architects of Ruin: How Big Government liberals wrecked the global economy and how they will do it again if no one stops them."...
Hoover fellow Epstein discusses the Libertarian Chronicles, the IRS, and Obamacare on the John Batchelor Show
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, weighs in on the IRS scandal and the unraveling of Obamacare.
Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, discusses recent revelations of IRS discrimination against conservative nonprofits and considers the scandal surrounding the Justice Department's monitoring of the Associated Press.
Richard Epstein, the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, looks at the IRS's abuse of the permit power and how that abuse also applies to the FDA, the EPA, and local zoning ordinances.
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.
Hoover fellow Robert Zelnick, who coached David Frost for his storied broadcast bout with Richard Nixon, shares his glimpse of "the unleashed Nixon." By Caleb Daniloff.
Why Abraham Lincoln matters—even now. By Shelby Steele.
Stanford professors David Brady and Daniel Kessler compare the politics of Clintoncare in 1993 to the politics of Obamacare today...
Richard Epstein discusses the constitutionality of several hot items on the congressional agenda, including card check...
Don't thank Republicans, business leaders or the media for saving the U.S. . . .