Greg Weiner

Greg Weiner, who teaches political science at Assumption College, is the author of Madison’s Metronome: The Constitution, Majority Rule and the Tempo of American Politics. His book American Burke: The Uncommon Liberalism of Daniel Patrick Moynihan will be published by University Press of Kansas in early 2015.

Torturing Prudence

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The knock on the CIA is that its interrogation program, exposed as ineffective and abusive in the Senate Select Committee on Intelligence’s recent report, was lawless. But the agency’s worst excesses may have resulted from the attempt to be excessively lawful.

Such a paradox can only come about when what Edmund Burke called “the first of all virtues, prudence,” has fled the scene. The Intelligence Committee’s voluminous report (even its summary is 525 pages long) is an in-depth account of that decline.

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Deconstructing the Grand Jury

grand juryThe tragedy that is Ferguson now distills to this: To vindicate the civil rights of one man, Michael Brown, that were allegedly violated, the civil rights of another, Darren Wilson, should have been definitely infringed.

To be sure, despite its apparent justification, there is little to celebrate in the decision not to indict Officer Wilson. Whether his actions were warranted has probably forever vanished into a fog of mixed evidence and ambiguous testimony. The profound culture of mistrust between African-Americans and police in Ferguson—as elsewhere—reflects a deep and continuing racial divide that cannot be wished or refuted away. Frustrations so deep generally do not arise from nothing.

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When Deference Is Dereliction

Section 3331 of the United States Code prescribes the oath of office for the House of Representatives. Rep. James E. Clyburn (D-S.C.) has taken it 11 times, which is enough to commit to memory its opening pledge—to “support and defend the Constitution of the United States against all enemies, foreign and domestic; [to] bear truth faith and allegiance to the same.” Anyone who promises to do the same thing 11 times can probably find a shortcut, and Clyburn has evidently identified one: outsourcing constitutional protection to another branch of government.

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The Constitutional Mandate of 2014

rugby scrum

The political puritans who control most editorial boards will doubtless mourn the tragically short life of the ardently sought détente between the White House and the ascendant Republicans in Congress. The good-government words were trotted out the day after the election—cooperation; grease the Capitol’s rusted legislative skids; we can hold hands to pass legislation and sing folk songs while we do—only to collapse under the President’s threat of unilateral action on immigration. Good. The good-government shtick—let us, said the President, “explore where we can make progress”; Mitch McConnell chimed in that “maybe there are things we can agree on to make progress for the country”—was nonsense to begin with.

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A Sanctions Shell Game

There “is a role for Congress,” says a spokeswoman for the White House’s National Security Council, “in our Iran policy.” This is big of her, seeing as how “our” Iran policy consists largely of sanctions imposed by the legislative authority of Congress. A great deal hangs on the spokeswoman’s cavalier use of the word “our.” The suggestion is that the nation’s disposition toward other nations is a constitutional plaything, belonging solely to “us,” which is to say to the executive, and to be shared at “our” discretion. Imagine a comparable audacity—or is it to be called magnanimity?—from a congressional spokesperson: “There…

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Halbig and the Nonchalance of Six Small Words

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The psychology of legislative draftsmanship involved in the six words at stake in Halbig v. Burwell—“an exchange established by the State”—reflects a short-odds gamble that did not hit. The bettors first wanted the IRS to rescue them from the consequences, and now they want the courts to do it.

The gamble was that states, enticed by subsidies for their citizens or intimidated by the threat of losing Medicaid funds, would establish healthcare exchanges. The Obama administration is surely right that the whole idea of the Affordable Care Act (ACA) was that such subsidies be provided, and that the consequences that have ensued from those six small words were probably unintended.

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Corporate Conscripts

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The syllogism used to run as follows.

The state should provide good things. X is a good thing. Therefore, the state should provide X. This is fraught with problems, to be sure—but it is also clear, debatable and honest. Now, on November’s ballots, comes the purportedly market-oriented version, which, debauching the name of Adam Smith, reframes it as follows: The state should guarantee good things. X is a good thing. Therefore, the public sector should compel the private sector to provide X. This is opaque, indirect and pernicious.

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It’s Time for a Free Market NFL

Pro Football Hall of Fame in Canton, Ohio. Built in 1963.

First the obligatories: The nauseating video of former Baltimore Ravens running back Ray Rice punching his then fiancée, now wife, into unconsciousness in an Atlantic City casino should have landed him in the New Jersey state prison system. NFL Commissioner Roger Goodell so badly bungled the case and the communications surrounding it that he ought to be disabused of the delusion that his very public job is a personal right to which he is entitled until conclusive evidence of actual wrongdoing separates him from it. And the number of domestic-violence cases in the NFL suggests a culture of lawlessness, not to mention simple indecency, among at least some of its players.

All true. And all of it was established, and was being vigorously and effectively debated, in the Tocquevillian sector—namely, civil society—without members of Congress queuing up to offer rhetorical interventions, from calls for official inquiries to demands that teams sit players under investigation. Some of their criticism was right, but on what authority—according to which of the 18 enumerated constitutional powers—were they acting? The moral-preening clause?

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The Post-Constitutional Presidency Turns Inward

White House Wasghington DC view

The syllogism by which healthcare deadlines may be deferred against laws, recess appointments made without recesses, and international agreements negotiated sans treaties runs as follows: The national government is empowered to pursue the public interest. The power of the national government is vested in the person of the President.  Therefore, the President is empowered to pursue the public interest.

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Post Collegium, Ergo Propter Collegium: On the Destruction of Higher Education in America

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My first child having come with no manual, as evidently no child does, my wife and I arrived home with her somewhat bewildered, which was nothing compared to our confusion upon entry into the teenage years, but I digress. In any event, I blame college. Not a single class in parenting was required at the University of Texas at Austin.

This is, of course, absurd—an instance of what might be called the post collegium ergo propter collegium fallacy: the idea that the purpose of college is to prepare students for anything that comes after college. It is now pervasive. Students need careers; college must train them. Students do not know how to find jobs; college must teach them. The world is diverse and the economy is integrated; college must prepare students for both.

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