The idea of a “constitutional conservatism” is back in the news. It came into vogue on the right in response to the pursuit by President Obama—after his victory in the 2008 presidential election and the Democrats’ sweep of both houses of Congress—of ambitious progressive policies.
Administrative law is the collection of rules governing the welter of government agencies -- ranging from the Environmental Protection Agency and Food and Drug Administration to the Securities and Exchange Commission -- that are neither legislatures nor courts but which make binding law.
Like an individual mixed up about his convictions, a nation perplexed about its principles is prone to self-inflicted wounds. Both are likely to wander aimlessly and choose friends poorly while falling for the blandishments of adversaries. They are prone to misjudge their interests and misconstrue justice. A nation perplexed about its principles exacerbates citizens’ muddle about their convictions.
Many in the United States worry about the erosion of democratic norms. Too few, however, exhibit concern for the steady deterioration over the last half century of the essential democratic norm of free speech.
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.
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 “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.
Carly Fiorina recommends that all students take an American citizenship test in their school career. The New Yorker reported that “the National Conference of State Legislatures, which tracks state legislation, reported that seven states—Arizona, Idaho, Louisiana, North Dakota, South Carolina, Tennessee and Utah—passed such laws in the first half of the year; in July, they were joined by Wisconsin.”
Patrick Deneen’s disdainful review last month in the Washington Post of George Will’s splendid new book, “The Conservative Sensibility,” reasserts fashionable misconceptions about liberalism, conservatism, and America. The review — and, more importantly, the book — provide an occasion to clarify the character of the conservatism that takes its bearings from the Declaration of Independence and the Constitution, and from the ideas about human nature and freedom that undergird them.
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...
The former FBI directors tend to investigate Republicans far more zealously than Democrats.
In the new online volume, Future Challenges in National Security and Law, members of the Hoover Institution’s Koret-Taube Task Force on National Security and Law and guest contributors offer incisive commentary on the controversies that have erupted over national security law in the wake of the 9/11 attacks, laying the foundations for understanding such future issues...
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.
Peter Berkowitz on God and Gold: Britain, America, and the Making of the Modern World by Walter Russell Mead
With a new law on military commissions, Congress sent the Supreme Court a message, loud and clear: Get out of the war on terror. By John Yoo.