Greg Weiner

Greg Weiner teaches political science at Assumption College. His latest book is American Burke: The Uncommon Liberalism of Daniel Patrick Moynihan.

The First Progressive?

The first canon of Progressivism is faith in human reason. Politics for the Progressive is a science not in the Aristotelian but in the Baconian sense. Political questions are not prudential complexities to which human judgment approaches better or worse answers but rather moral rigidities with right or wrong solutions wholly within the ambit of the all-powerful human mind. The distance from that schematic to administration by experts is brief. In fairness, that portrayal substantially attenuates the chain. But a recent family visit to Monticello served as a reminder that, however ironically, Thomas Jefferson is one of the chain's first American links.…

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Obergefell and the New Nullification

Perhaps we should add this affirmation to the orientation session for federal judges: The Supremacy Clause means the Constitution and laws arising under it outrank their state counterparts. It does not mean the judiciary is supreme over the coordinate national branches of government. Judge David Bunning of the Eastern District of Kentucky did not quite assert the latter in ruling this week, correctly, that an elected county clerk cannot exempt herself from a decision, however errant, of the Supreme Court. He flirted with it, though: “Our form of government will not survive," he wrote, "unless we, as a society, agree to respect…

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The Civil Rights of Officer Wilson

A year after being accused of violating Michael Brown’s civil rights, Officer Darren Wilson, late of the justly excoriated Ferguson Police Department, has yet to recover his. Those rights include a presumption of innocence denied even after a Justice Department investigation affirmatively exonerated him, compiling reams of physical evidence and witness accounts consistent with his account of events. That evidence conclusively disproved the “hands up, don’t shoot” narrative that—within minutes of the event, the DOJ report said—took flight on wings of since discredited testimony. The investigation also established that Brown attempted to seize Wilson’s gun. Yet the best The Washington Post, reporting on…

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The Undeclared War on ISIL

(U.S. Navy photo by Mass Communication Specialist 2nd Class Alex King/Released)

Mr. Gerry never expected to hear, in a republic, a motion to empower the Executive alone to declare war. - Constitutional Convention, August 17. Quaint, that Elbridge Gerry—hung up as he was on the idea that an Executive might need to be empowered to declare war. Two-hundred-and-twenty-seven years nearly to the day after that remark, and one year ago today, the United States commenced military operations against the Islamic State of Iraq and the Levant. One year, $3.3 billion, 5,000 airstrikes and 3,500 ground troops later—hardly repelling a sudden attack—Congress has yet to raise its timid hand to assert its institutional authority. The Obama Administration,…

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Roe’s Progeny: The Abortion Extremes

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The kind of extremism on display on the Planned Parenthood videotapes and in the reflexive closing of ranks around the group—whose own leadership has done more to disavow its grotesqueries, or at least the depictions of them, than have its political supporters—is the product of Roe v. Wade, but not for the reasons commonly supposed.

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Make Voting Harder or Face the Rise of Pelosinomics

Voting ballot

Dispensing first with the obvious, that Nancy Pelosi’s suggestion that 16-year-olds be allowed to vote is asinine, and second with the obligatory, that any malevolent impediments to grownups voting ought to be removed, we may proceed to the particular premises behind the House Democratic Leader’s brainstorm and what they disclose about the sorry state of American politics. Speaking to Generation Progress, Pelosi warmed the audience by emphasizing a plan to allow refinancing of student loans, then dived, or rather wandered, in: [T]here is a direct connection between legislation and the quality of life the people enjoy, and elections.  To achieve what we…

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Burke, Paine, and Obergefell

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Many supporters of a policy of same-sex marriage, and even many supporters of a constitutional right to same-sex marriage—there is a difference—have felt compelled to disavow the shoddy analysis-cum-emotivism by which Justice Kennedy imposed that conclusion. What the euphoria over newly released Supreme Court decisions seems always to obscure is that the same method will be available to other jurists in other cases. Conclusions reached in future may not be so agreeable to those celebrating Obergefell v. Hodges today.

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The Constitutional Morality of Restraint

Randy Barnett and Ed Whelan have revived the supremacy debate in the wake of the Chief Justice’s opinions in King and Obergefell, with Barnett arguing most recently that judges should be guided by the “constraint” of the text rather than “deference,” both of which he classifies as forms of restraint. Much commends that notion, and the distinction is analytically useful. But in the course of embracing a particular strain of originalism, it finds itself in tension with the original understanding of the judges’ role. Barnett’s standard for judicial nominees is a “proven record of willingness to be constrained by the original…

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