Greg Weiner

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

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

burke-and-paine

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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What Is Judicial Equality?

Law and Order Pillars in the Supreme Court during the day

When the topic is the Constitution, law professors and political science professors often talk past each other, and I’ll cop to talking past Randy Barnett, whose work commands respect even by way of dispute, first. But I’m not sure his reply at Volokh—which, in fairness, was primarily to Ed Whelan, mentioning my post here only in passing—reached my argument either. I never fired on the hill Barnett defended.

His post defended judicial review. I attacked judicial supremacy. There’s a difference.

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Politicizing the Constitution Is Necessary and Proper

“The notion that the Supreme Court comes up with the ruling and that automatically subjects the two other branches to following it defies everything there is about the three equal branches of government. Chris, the Supreme Court is not the supreme branch. And for God’s sake, it isn’t the Supreme Being. It is the Supreme Court.” –Mike Huckabee, Fox News Sunday, May 24 As superintendent of a national conversation on the Supreme Court’s hegemony over constitutional questions, former Governor Mike Huckabee (R-AR) is less than ideal. He implicitly but indefensibly denies the Supremacy Clause, more on which presently. Even by way of…

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A Flying Leap at Vitiating the First Amendment

 

White-House-Drone

Let us, for a moment, imagine someone who breaches the no-fly zone over the U.S. Capitol, calling forth bomb squads, triggering investigations at the FBI and NORAD, to protest perceived violations of the Second Amendment. Could the editorial pages of Washington find a limb high enough from which to hang him?

Probably not. But if a mail carrier pulls the same stunt to advocate restricting the First Amendment in the name of campaign finance reform—as gyrocopter pilot Doug Hughes did in April, for which he was indicted last week—his apologia is printed on the op-ed page of the Washington Post.

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The Burkean Style of Daniel Patrick Moynihan: A Conversation with Greg Weiner

burke 1Frequent contributor Greg Weiner speaks with Richard Reinsch about his latest book, American Burke: The Uncommon Liberalism of Daniel Patrick Moynihan, arguing that Moynihan’s liberalism combined a "stubborn optimism" in what government could and should do with a profound sense of limitations on "how it should attempt to do it."