So yesterday Michael Greve announced that he was going to step back from full-time blogging and would join our conversations from time to time. Mike has been a part of this site since its launch in 2012 and has contributed much to its success. I know that his regular posts will be greatly missed. As one reader commented to Mike, “You have been a lucid and consistent voice in a relative wilderness. I am a non-lawyer who has learned a ton about administrative law and executive federalism: fascinating and horrifying in equal parts. I am sure there are other law professors who know…
What could be more amusing, quaint really, in the minds of many than meeting in New York City for two days to discuss tradition and law?
For Indy area readers, please RSVP for this event on October 13 @The Rathskeller to hear the great Todd Zywicki of George Mason's Antonin Scalia Law School speak on the theme of "Upholding the Rule of Law During Times of Crisis." Prof. Zywicki is a regular blogger of Volokh Conspiracy and an occasional contributor to this space. Todd established his public voice on this subject in a range of essays and op-eds that critiqued the Obama administration's method of usurping the rule of law to achieve its political objectives. As we know, there is much more to consider, and so you'll want to attend this…
I have returned to the mothership after a great trip to Worcester, Massachusetts earlier this week to speak at Assumption College for its Constitution Day event, albeit a few days after September 17th. The students and faculty at the event were excellent. I thought it worth mentioning that the students in attendance were fundamentally sound in mind and not overwhelmed with ideological convictions, which proved excellent for the talk I delivered. In short, there’s a solid liberal arts tradition at Assumption. And that’s all to the credit of the faculty. If you’re looking for an education in the Humanities for yourself or for a son or daughter, then I would urge considering Assumption. They also permitted me to indulge in a bit of an off-road lecture on Orestes Brownson’s case for political loyalty as the crucial underpinning of our constitutional order. Many thanks to Prof. Bernard Dobski, Chairman of the Political Science Department, for the invitation and to Brother Greg for a wonderful introduction. My talk is below:
A good explanation of the Clinton-Trump clash we are living through, and of Trump’s having taken the Republican Party by storm, is in Eric Posner and Adrian Vermeule’s 2010 brief for executive supremacy as the way we do constitutionalism. The Posner-Vermeule thesis in The Executive Unbound is that the Madisonian philosophy of separation of powers as a constraint on the presidency no longer exists, and good riddance. The more authoritative check on executive power, they say, is majority opinion and the fact that the President must face the voters every four years. This, and not Greg Weiner’s paean to Jemmy Madison, is the only source we have now for safe, effective, and informally limited government. Those wanting Madison on demand, Posner and Vermeule inform us, are whistling past the graveyard of a constitutionalism that no longer fits this American nation.
The capability of radical Islamist terrorists claiming fealty to ISIS to attack soft targets here has been painfully demonstrated again, this time in the form of 49 dead and 53 wounded in an attack on a gay nightclub in Florida. The Orlando massacre is now added to ISIS-inspired attacks on Philadelphia (January of this year, 1 police officer shot 3 times); San Bernadino (December 2015, 14 dead, 21 injured); Dallas (May 2015, 1 wounded), New York City (October 2014, hatchet attack on 4 police). The Tsarnaev brothers who killed 3 and wounded 264 in the 2013 Boston Marathon bombing also reportedly had ISIS ties.
I’ve been reading With the Old Breed, Eugene Sledge’s classic account of his experiences in the battles of Peleliu and Okinawa. Many have come to know his story from the successful 2010 HBO Series The Pacific that relied in part on his diary of these two battles. Sledge enlisted for the duration of the war +6 months in 1943 and, owing to his intelligence, was part of a military training program at Georgia Tech. There he could have earned his degree and joined the war effort in a highly skilled position of some kind, remote perhaps from actual fighting. However, he withdrew from the program, as many of his fellow classmates did, and joined the Marines to fight as a rifleman. And so he did. The narrative “Sledgehammer” provides is compelling, horrific, and fascinating.
In his neglected mid-century essay “The Direct Glance” Whittaker Chambers sought to understand the smugness of the West and America regarding Soviet Communism. The struggle against it was marked, Chambers thought, by a “boundless complacency” rooted in the West’s belief in its material superiority. And this failure of understanding left the West, Chambers argued, listless and without appeal.
Writing in the Journal of American Greatness, Plautus, who is more intent on making Trump to be the candidate he wants, as opposed to the vulgar brute that he is, calls for a conservative nationalism with tremendous purpose whose chief goal will be the elimination of the “managerial class.”