Greg Weiner

Greg Weiner is a contributing editor of Law and Liberty.

Burning Down His House

White House Entrance

No man enters the presidency prepared for the office, yet few chief magistrates have managed a stage entry as startlingly rife with incompetence and impropriety as Donald Trump. The reason is that the inherent, inertial conservatism of the office disciplines most of its occupants.

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Containing the Weapon of Mass Disruption

“[W]e expect he would work with Congress, as the Founders intended.” Scholars and Writers for America, Statement for Candidate Trump “We don’t have a lot of closers in politics and I understand why. It’s a very rough system. It’s an archaic system. You look at the rules of the Senate, even the rules of the House—but the rules of the Senate and some of the things you have to go through, it’s—it’s really a bad thing for the country, in my opinion. They’re archaic rules and maybe at some point we’re going to have to take those rules on because for the…

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This Is Your Brain on Scientism

The problem with convening a March for Prudence is that the prudent—being otherwise occupied and believing public views should be mediated through representation—would never attend. But after the unbounded rhetoric of the March for Science, one wonders if prudence dictates, on this one occasion, marching after all.

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Madison and the Liquid Constitution

Clear blue sky

The conversation Richard Reinsch has sparked on constitutional liquidation is less about constitutional meaning than about the ultimate—note “ultimate”—authority to ascertain it. It is true, as Randy Barnett, among others, notes, that liquidation is a longstanding topic in originalist thought. But Reinsch suggests a new avenue, writing that republican politics bien entendu is the ultimate (see above) expositor of constitutional meaning and that this is true generally, not just in ambiguous or indeterminate cases.

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The Original Nuclear Option

The basic idea of the “nuclear option” in the U.S. Senate is that supermajority rules exist at the sufferance of simple majorities. Last week’s decision to use a simple majority to eliminate the Senate filibuster for Supreme Court nominees was thus not the original nuclear option. The Constitutional Convention of 1787 was.

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Publius’ Natural Law

Calligraphy handwriting on old vintage paper

Between the breathless whispers that Judge Neil Gorsuch intends to impose either medieval Catholicism or, worse, Oxford sensibilities from the bench through the mechanism of natural law and the fear that he might otherwise glide into the legal positivism of which Justice Scalia was unreasonably accused lies another possibility: The Constitution can neither be interpreted through natural law nor reduced to positive law. It is more profitably understood as fundamental law.

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The Incredible Shrinking Left

Liberals mystified by the election of Donald Trump might look to the Middlebury assault—in which Charles Murray was shouted down and physically pursued as he left campus while the professor escorting him was attacked and put in a neck brace—for a slice of the explanation. The answer may lie less in the grotesque conduct of college students awash in—wait for it, wait for it—privilege than in what the impassioned youth never said.

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Grading on a “Change Agent” Curve

Colors of the sky above Mount Rushmore - South DakotaHistorians, as a profession, are understandably fascinated by change. Civilizations, as a phenomenon, are properly concerned with conservation. Tension is inevitable when the former apply criteria of success and failure ill-suited to the goals of the latter. The best recent evidence: C-Span has just released its Presidential Historian’s Survey for 2017. It is proof that historians celebrate Presidents the more change they achieve while consigning them  to obscurity for governing prudently according to circumstance.

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Grasping at the Straws of Public Virtù

Friedrich Hayek did not predict Donald Trump, and President Trump is not the central planner of Professor Hayek’s dark imaginings. The question is whether Hayek’s analysis of the central planner can help explain the Trump phenomenon. The claim of my February Liberty Forum essay was that it could. In assessing that claim, I have the privilege of thoughtful replies from distinguished interlocutors representing a broad and diverse range of perspectives. I am grateful for their incisive responses. Tom Palmer’s challenge to the thesis begins with a critique that it is unparsimonious: Simpler explanations, he observes, will do for Trump, including the…

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In response to: He Tried to Warn Us

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Why the Worst Now?

The Road to Serfdom’s publication was one of the intellectual and political turning points of the 20th century. The bloom was starting to come off the rose of socialism and Hayek explained why—in clear, crisp, and precise language and in a spirit of respect for those who had believed or still believed in socialism. I’m…

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We Might Need a Prince of the Potomac

Within days of Donald Trump’s inauguration, George Orwell’s 1984 shot to the top of Amazon’s bestseller list. Trump’s America is not Big Brother’s Oceania or Airstrip One. (Hillary Clinton’s America would not have been, either.) But however far Orwell’s dystopia is from becoming our reality, it’s good for Americans to reacquaint themselves with his warnings.…

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Father Knows Best

In many key respects, F.A. Hayek’s fears that the modern social-democratic welfare state would lead to totalitarianism did not come to pass. Even soft despotism seems only to have been partially realized. However, rereading The Road to Serfdom in the opening days of Donald Trump’s presidency offers an uncomfortable glimpse of where our national politics…

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Yale’s Identity Politics Are Calhounian to Their Core

calhoun college

The protestors who pressured Yale University into scrubbing the legacy of John C. Calhoun—racist, slaveholder and forthright apologist for African bondage; statesman, philosopher and critic of excessive executive power and American imperial ambitions; and, unto Saturday, namesake of a residential college at the alma mater where he was valedictorian of the class of 1804—have no palate for moral nuance, so assume they have no taste for irony either. Consequently, they are probably unaware that the identity politics they champion are Calhounian to their core.

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