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James R. Rogers Subscribe

James Rogers is associate professor of political science at Texas A&M University, and is a fellow with the Institute for Science, Technology and Public Policy at the Bush School of Government and Public Service. He also served as editor of the Journal of Theoretical Politics from 2006 through 2013.

April 24, 2018|Democracy in America, Judicial Supremacy, Tocqueville

Constitutional Amendment as a Path to Avoiding Robed Masters

by James R. Rogers|9 Comments

The Bill of Rights (Jack R. Perry Photography/Shutterstock.com)
Tocqueville gives us good reasons to think that constitutional amendment is the best path to avoiding judicial supremacy.

April 17, 2018|Judicial Review, Legislation, moral hazard

How Judicial Review Creates Incentives for Reckless Legislation

by James R. Rogers|10 Comments

Billionphotos.com/Adobe Stock Images
When legislators know that judicial review will save them from hard calls about the laws they vote on, no end of mischief follows.

April 16, 2018|auxiliary precautions, Federalist 51, James Madison, Judicial Review, moral hazard, Republican Virtue

When “Auxiliary Precautions” Undermine Republican Character

by James R. Rogers|15 Comments

Chambers of the South Carolina Supreme Court, December 10, 2014 (Nagel Photography/Shutterstock.com).
Is it possible that the courts - one of our most important "auxiliary precautions" - are undermining republican liberty?

April 9, 2018|Donald Trump, Never Trump, North Korea

Trump the Gargoyle

by James R. Rogers|32 Comments

Trump’s core base values Trump’s grotesquerie not because they, too, are grotesque, but precisely because they are not.

April 4, 2018|economics, free trade, inequality, Richard Spady

What Tradeoffs for National Solidarity?

by James R. Rogers|37 Comments

GM's Lansing Grand River Assembly plant, shown here on March 26, 2016 (Susan Montgomery/Shutterstock.com)
Richard Spady's account of economic growth reminds us of the tensions between domestic growth and development abroad, but the path forward isn't clear.

April 2, 2018|choice, Economics as ideology, hedonosim, J.S. Mill, Mark Regnerus, Richard Spady, sexual exchange model, utilitarianism

Richard Spady and the Problem of Cheap Sex

by James R. Rogers|5 Comments

Rawpixel.com/shutterstock.com
In "Economics as an Ideology," Spady explores the ways thinking about romance economically can remind us that not all choice is good.

March 29, 2018|

A New Economics — Against the Economists?

by James R. Rogers|13 Comments

Scene from World Economic Forum Annual Meeting in Davos, Switzerland, January 26, 2018 (Drop of Light/Shutterstock.com)
Although he doesn't intend it, Richard Spady offers renewed economic reasons to reject First Things' turn against free trade.

March 23, 2018|debt, Deficit Spending, Intergenerational conflict

National Debt, a War between Current and Future Generations?

by James R. Rogers|21 Comments

Romolo Tavani / Shutterstock.com
Government borrowing creates intergenerational conflicts our system wasn't built to handle, but how do we curb debt?

March 22, 2018|Angus Deaton, Anne Case, Charles Murray, deaths by despair, Demographics

Are Middle-Aged White Men Dying from Despair?

by James R. Rogers|8 Comments

Photographee.eu / Adobe Stock Images
Anne Case and Angus Deaton have published important studies on increasing mortality in white men, but caution is in order when linking deaths to despair.

March 20, 2018|Alexis de Tocqueville, Aristocracy, decline, Democracy, Democracy in America, Patrick Deneen, tragedy

Tocqueville and the Tragedy of the Democratic Average

by James R. Rogers|3 Comments

Li Wa / Shutterstock.com
Conservatism should help us negotiate the tragic tradeoffs of life: a way between market and political liberalism versus solidarity. Tocqueville can help.
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Book Reviews

The Ford Restoration

by Kirk Emmert

Occupying the White House in unfavorable circumstances can make a President fall back on his best friend: the U.S. Constitution.

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John C. Calhoun, Madisonian Manqué

by Thomas W. Merrill

His institutional innovations were geared toward preserving slavery.

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Podcasts

The Solid Ground of Mere Civility: A Conversation with Teresa Bejan

A discussion with Teresa M. Bejan

Teresa Bejan discusses with us how early modern debates over religious toleration are an example of how we can disagree well.

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Leading a Worthy Life in a Scattered Time: A Conversation with Leon Kass

A discussion with Leon Kass

Leon Kass discusses Leading a Worthy Life.

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Eric Voegelin Studies: A Conversation with Charles Embry

A discussion with Charles Embry

What did "Don't immanentize the eschaton!" really mean? An intro podcast on the formidable mind of Eric Voegelin.

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Republican Virtue, Interrupted: A Conversation with Frank Buckley

A discussion with F.H. Buckley

The real conflict in our politics centers on reforming massive levels of public corruption.

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Recent Posts

  • Academic Freedom Won’t Survive Carnival Act Universities

    Public institutions of supposedly liberal learning, which are increasingly alienating mainstream Americans, have no entitlement to public support.
    by Greg Weiner

  • Constitutional Amendment as a Path to Avoiding Robed Masters

    Tocqueville gives us good reasons to think that constitutional amendment is the best path to avoiding judicial supremacy.
    by James R. Rogers

  • Rethinking U.S. Nuclear Strategy

    Defending the entire free world requires a robust nuclear posture.
    by Matthew Kroenig

  • Pope Francis’s Mess

    Pope Francis has succeeded in making a mess for his Church.
    by Paul Seaton

  • Trump’s Travel Ban and the Constitution

    If the Supreme Court were to accept the plaintiffs' logic in Trump v. Hawaii, the judicial branch will gain new powers over defense policy.
    by Thomas Ascik

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About

Law and Liberty’s focus is on the content, status, and development of law in the context of republican and limited government and the ways that liberty and law and law and liberty mutually reinforce the other. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law and Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

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