Richard Reinsch

Richard Reinsch is the editor of Law and Liberty.

A New President

President Washington's Inauguration in New York City, April 23, 1789.

Tomorrow will make it official that Donald J. Trump is the 45th President of the United States of America. His inauguration will likely be full of the Americana that many of us love, one that will provide telling points of patriotism and gratitude without any of the postmodern irony that lurked in Obama’s second inaugural where he said the truths of the Declaration of Independence “may” be self evident, and, without pausing, concluded that we should still be willing to work eagerly on their behalf.  Trump’s election tells us that Americans are not rushing to enter the age of post-national and…

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Introducing Mark Movsesian as January Guest Blogger

I am excited to announce that Mark Movsesian will be guest blogging at Law and Liberty for the month of January on religious freedom and migration issues facing the Middle East, among other topics. Some of our readers will recall Mark's earlier account of the Armenian genocide. In addition to being the Frederick A. Whitney Professor and Director of the Center for Law and Religion at St. John’s University Law School, he is co-director of the Tradition Project, a new research initiative that explores the continuing relevance of tradition in law, politics, and culture. He writes in law and religion, contracts and international and comparative law; his…

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Top Content of 2016

Introducing Kevin Walsh as December Guest Blogger

I am happy to introduce to you Kevin C. Walsh as our guest blogger this month. I am delighted that he will be lending his considerable insights to us for the month of December. Mr. Walsh professes law in Richmond, Virginia at the University of Richmond School of Law. His scholarship focuses on doctrines that define the scope of the judicial power. His latest law review article is Enduring Originalism, co-authored with Jeffrey Pojanowski. Walsh blogs at Mirror of Justice and Law-RVA, and can be found on Twitter @kevincwalsh.​

Introducing James Rogers and Brian Mannix as November Guest Bloggers

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…

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Tradition in a Scattering Time

Jean-François Millet - The Sower

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?

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Indianapolis Event: Todd Zywicki on Upholding the Rule of Law

Justice Statue

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…

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Loyalty and Liberal Constitutionalism

We The People - U.S. Constitution document and flag

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:

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A Tale of Two Majorities

George Caleb Bingham, Stump Speaking. 1853.

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.

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Will the Show Run America?

WASHINGTON, DC - Flags have been lowered to half staff on the Washington Monument grounds.  (Photo by Mark Wilson/Getty Images)

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.

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