Greg Weiner

Greg Weiner is a contributing editor of Law and Liberty.

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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Lord, Give Me Constitutionalism, But Not Yet

White House Washington DC behind bars

The case of Washington v. Trump—in which a panel of the Ninth Circuit expressed apparent sympathy, during Tuesday’s arguments, for a district judge’s restraining order against the President’s pause on immigration from seven Muslim-majority countries identified as terrorism threats—has less to do with an overreaching judiciary than with an underperforming Congress.

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He Tried to Warn Us

Friedrich Hayek (1899 - 1992) with a class of students at the London School of Economics, 1948. (Photo by Paul Popper/Getty Images)

Donald Trump and Hillary Clinton entered the 2016 campaign as the least popular major-party presidential nominees in the history of polling. Clinton was widely regarded as some combination of corrupt and disingenuous. Many of Trump’s most serious supporters still tend to defend him from a posture more of apology than enthusiasm. The campaign played out as if designed to disprove Publius’ prophecy about selecting a chief executive: that it “affords a moral certainty, that the office of president will seldom fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications.” Publius’ prediction,…

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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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Meet the New Boss

oval office

The most revealing executive action of the new administration may have been among the least reported. President Trump, by memorandum, ordered the Secretary of Commerce to “develop a plan” under which all new, retrofitted, repaired or expanded pipelines inside the United States would use U.S.-made materials and equipment “to the maximum extent possible and to the extent permitted by law.”

Cutting to the chase, the extent permitted by law is zero. The president of the United States neither has nor ought to have the authority to tell private companies making private investments where to buy their equipment or materials. He has no authority to encourage them, pressure them or bully them. The conservative response to a comparable order from President Obama would, appropriately, have been apoplexy.

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Vox Populi, Vox Impetu

US Capitol die cast model

The first constitutional test of the new era will be answered less by Donald Trump than by Mitch McConnell (R-Ky.) and Paul Ryan (R-Wis.): namely, whether the congressional leadership delivers to the chief magistrate the news that Capitol Hill is not a subsidiary of the White House.

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Fare Thee Well

U.S. President Barack Obama gives his farewell speech at McCormick Place on January 10, 2017 in Chicago, Illinois. (Photo by Darren Hauck/Getty Images)

If there is any doubt remaining that the slogan “change” had no content when it was proffered as a reason for electing a President, consider this: Barack Obama bid farewell to the nation without calibrating his calls for change to his assertions of having already achieved it. President Obama’s farewell last night—delivered not in the traditional sedateness of the Oval Office but rather at the site and in the manner of a campaign rally—thus served as a primer on the shift from the liberal politics of amelioration to the Progressive politics of historical teleology. It should be said that despite the setting, he…

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Crouching Congress, Hidden Judges

US Capitol Building, Washington DC

One of the signal achievements of Bertrand de Jouvenel was establishing the existential status of power: “The Minotaur,” he called it, a metaphysical entity, nearly organic, with an instinct for both survival and expansion. If Mark Tushnet’s overeager call, predicated on a Hillary Clinton presidency, for judges to emerge from what he alleged to be their “defensive crouch liberal constitutionalism” and slay the foes of Progressivism demonstrated anything, it was that there is, miracle of miracles, such a creature as a judicial Minotaur. Randy Barnett’s much discussed and certainly much warranted reply at The Volokh Conspiracy confirms it. Yet the judicial Minotaur…

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The Constitutionalism of Crony Capitalism

A Carrier production line

As bad as the economics of the Carrier shakedown may be—and it is entirely unclear in which direction the shaking went down, except to note that a supply of rents tends to create a demand for them—the constitutional politics are far worse.

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From @realdonaldtrump to @POTUS


Donald J. Trump’s remarkable rise to the presidency presents this conundrum: The constitutional duties of the office he attained by stoking public passions now requires him to be willing to resist them. That is not because his voters should be regarded, merely for having supported him, as impassioned rather than reasonable. Such would be the very condescension that partly motivated them. The point, rather, is that the constitutional purpose of the presidency is not to give the people the “voice” that Trump promised to provide but rather to channel their impulses toward their interests.

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A Brief Window to Reduce Presidential Power

White House Washington DC behind bars

First, in the truest tradition of conservative thought, the bad news: At this time on Wednesday, one of the major parties in American politics will be institutionally invested in inflating a presidential office already swollen beyond healthy constitutional proportions.

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