Well, I agree with Donald Trump that the President’s big speech was boring and lethargic. That’s partly because there’s nothing more pathetic than a lame-duck President whose party doesn’t control Congress. He may talk big about executive orders and such, but he can’t help but project weakness and irrelevance. It’s true that the President is reduced to acting unconstitutionally, because the Constitution is no longer any President’s friend as his second term nears its end. Let me put forward the heretical thought that it would be better if he could run for reelection, and that constitutionally mandated term limits are counterproductive especially for Presidents. Now that I’ve made you angry, we can talk some about anger.
Roger Scruton is the greatest living conservative thinker. Well, that’s controversial, you might say. The other great thinkers around these days are more ambivalent about being conservative. Some libertarians, after all, think of themselves as liberals opposing themselves to conservatives. And the French philosopher Pierre Manent, like most American followers of Leo Strauss, thinks of himself as a conservative liberal. But the Buckinghamshire-born Scruton defines himself as a conservative, as opposed to a liberal, although he admits that it might be impossible to be conservative all the time.
It looks as if the Republicans are stuck with the strange truth that, now more than ever, their leading candidates are Ben Carson and Donald Trump.
The perception of the members of a key focus group was that Carson is “wise” and a “gentleman.” He might be more immune than Jeb to the Trump allegation that he’s “low energy.” While he did seem nervously lacking in assertiveness during the first two debates, his tone is inspirational on the stump and at times on the talk shows. He excels at quietly but firmly articulating American exceptionalism as a mixture of economic liberty and Biblical faith. For better and worse, Ben Carson isn’t much like Jeb Bush.
What is the relationship between law and ethics? It’s one of the trickier questions.
Sometimes we think they’re the same thing. In government, most ethics committees really investigate people who might have broken the law. The same goes for university life: A violation of my college’s code for students when it comes to sex is also pretty much a crime. To be ethical is to be law-abiding.
Well, that’s a low standard, even if it’s one lots of politicians and business leaders can’t meet. Everyone knows that sexual ethics is about more than safety and consent, and political ethics is about more than not embezzling or not lying under oath.
Aristotle, unfortunately, won’t be on the ballot.
Marco Rubio’s form of dissing liberal education is probably more ridiculous than the more insistent and policy-driven efforts of Scott Walker, although Rubio, just as obviously, is much smarter than Walker. It’s reasonable to believe that Rubio and his supporters can be educated concerning how his ill-considered rhetoric aids and abets the more deeply misguided attack on liberal education.
It’s hard not to think of the printing of two million copies of Harper Lee’s “new book” as a capitalist macroaggression against America. Many readers consider it a sequel, although it’s really a rough and in some ways misbegotten draft of To Kill a Mockingbird, the work that stands as the one and only account of heroic virtue shared by all Americans. When I go to my college classes, I (fake) struggle to find a piece of cultural literacy that all of us in the classroom share. The result is always the same.
The point of Ilya Somin's able and humane Liberty Forum essay is to show libertarians how to deploy originalism as a doctrine to maximize “negative liberty” in America. He doesn’t claim to establish that negative liberty is good, or that its maximization accords with living in the truth or with dignity. It’s enough to say that it’s “an important value” for many people, mainly his people. It’s, as the economists say, a preference, and we all have our preferences or values. He is candid enough to write that all theories of constitutional interpretation are value-laden. There’s no such thing as surrendering…
In response to: How Constitutional Originalism Promotes Liberty
In his famous, breakthrough speech at the Cooper Union in New York, Lincoln remarked on those black slaves who had not thrown in with John Brown. Even though, as he said, they were “ignorant”—even though they had no formal education—they had the wit to see that the schemes of this crazy white man would not…
Ilya Somin’s thesis in his Liberty Forum essay is modest and hedged. Confining himself to “the circumstances of the United States for the foreseeable future,” he argues only that, among the “plausible competitors,” originalism is “likely to be” the theory of constitutional interpretation that best protects the components of “ ‘negative’ liberty defended by most…
I would like to start by thanking Law and Liberty for hosting this symposium, and Hadley Arkes, Peter Lawler, and Ed Whelan for their thoughtful comments on my initial essay. I had planned to complete this reply much earlier. But just as constitutional originalism sometimes has difficulty taking account of new developments, so my original…
This is supposed to be about my job, not the meaning of life.
So you think those things are unrelated?
—Peggy and Don, Mad Men (“The Forecast”)
Now that Mad Men is over, we begin by remembering that it was a deeply political show. The lives of particular people were intertwined with the big events that moved the whole country—elections, assassinations, riots, and the noble national achievement that was the landing on the Moon (then thought to be the first giant step for mankind in the conquest of space). The show engaged in good old-fashioned American self-criticism, displaying the contradiction between our principles and our residual racism, sexism, anti-Semitism, classism, fundamentalism, and homophobia. It also celebrated the genuine meritocracy based on productivity that is American capitalism. Skill and talent were shown triumphing over especially WASPish prejudice, stupidity, and cruelty, even as there was an awareness of the relational costs of our individualistic and self-inventive understanding of freedom.
So this is really interesting: The Court, according to John McGinnis, doesn’t really deliberate about the law when it comes to high-profile cases. It functions instead as a “cognitive elite”— the aristocratic part of a mixed regime. It’s job, I guess, is to supply wisdom and virtue to counter popular and legislative ignorance and expediency. First off: I don’t know about the virtue part; after all, they were trained to be lawyers and not philosopher-kings. And if what they were doing were “cognitive” in the sense of listening to reason, why do they so often divide 5-4 on the high-profile cases? All reasonable men and women should assent to the truth. when they hear it.
This site features an excellent Liberty Forum discussion this month on the future of legal education. If Ken Randall is right about a “blue ocean for law schools” (and he probably is), it looks like a lot of them will be traveling online, providing a needed service for those who only want a ticket to take the bar. As the profession gets more entrepreneurial, the argument for taking this route gets stronger.