Richard Reinsch

Richard Reinsch is a fellow at Liberty Fund and the editor of the Library of Law and Liberty.

Do We Want a Redeemed Constitution?

Textured American Constitution with US Flag

My current podcast is a discussion with a most excellent scholar, Michael Paulsen, on the book he has coauthored with his son, Luke Paulsen, introducing the U. S. Constitution to the general reader. Good as the book is in many respects, it did surprise me with its embrace of the idea that the Constitution of 1787 was a pro-slavery document.

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Introducing July Guest Blogger Mark Pulliam

I am excited to announce that Mark Pulliam will blog for us in July as Michael Greve returns to Germania for the month. Mark's first contribution to the site was on race and cronyism at the University of Texas. I think it's safe to assume that he'll have more to say on this topic. Mark is a writer living in Austin.  After graduating from the University of Texas School of Law, he clerked for Judge Walter Ely on the Ninth Circuit Court of Appeals and then practiced law for 30 years with the firm of Latham & Watkins, specializing in labor…

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What’s Dignity for the Goose Is Dignity for the Gander

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It was in April, during oral arguments in the collection of cases known as Obergefell v. Hodges that Justice Kennedy publicly fretted over the legal outcome that his jurisprudence has, in effect, created. To the surprise of Court-watchers, Kennedy at one point let out that he had “a word on his mind . . .  and that word is millennia.”

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With the Old Breed

old breedEditor’s note: This essay was originally posted on Memorial Day 2013.

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.

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Weekend with Mitch

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Mitch Daniels’ attempt as president of Purdue University to define the leading edge of higher education reform is prominently featured by the Wall Street Journal this weekend. The full interview is definitely worth reading. Carrying over from his success as Governor of Indiana is his focus on wringing as much productivity and efficiency from each dollar spent and each bureaucracy operating.

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Even in Prison, One Can be Free

Kayla Mueller's family has released the following letter that Kayla wrote to them while she was imprisoned by Islamic State terrorists: Everyone, If you are receiving this letter it means I am still detained but my cell mates (starting from 11/2/2014) have been released. I have asked them to contact you + send you this letter. It's hard to know what to say. Please know that I am in a safe location, completely unharmed + healthy (put on weight in fact); I have been treated w/ the utmost respect + kindness. I wanted to write you all a well thought out letter (but…

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Dissenting from Natural Rights Nationalism: A Reply to Randy Barnett

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Many thanks to Randy Barnett for his very thoughtful response to my post “The Book of Judges,” which criticizes a natural rights constitutional jurisprudence. Barnett says I was going after a straw man—that real defenders of “judicial engagement” are not calling for a philosopher’s debate on the federal bench that would produce a settled list of the type and content of natural rights for federal judges to enforce. He isn’t about defining and specifying natural rights in judicial decisions. Instead, he notes that they exist, and they are protected in the Ninth Amendment and the Privileges or Immunities Clause of the Fourteenth Amendment.

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The Book of Judges

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The restrained vision of the federal judiciary that has for some time dominated the jurisprudence of right-leaning American legal theorists and lawyers in this country is now under fire. In writings both academic and popular, many libertarian and classical liberal scholars clamor for the supposed symmetry of substantive due process or the bold recovery of an expansive listing of natural rights that is, we are told, embodied in the 9th Amendment, and the Privileges or Immunities Clause of the Fourteenth Amendment. Even George Will has reversed his own prior position on judicial restraint to now favor “judicial engagement” to protect so-called non-fundamental liberties and unenumerated rights from the rule of majorities, or what some might call the carefully qualified majorities of our republican constitution.

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I Sing of Arms and the Man

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Clint Eastwood’s American Sniper tells the story of Navy Seal Chris Kyle, the deadliest sniper in American military history with 160 confirmed kills. The film opens in Fallujah with Kyle confronting what will be his first two kills, a woman and a young boy who advance with a grenade toward a column of Marines. Kyle’s juvenile Marine escort states the obvious: “If you’re wrong, they’ll send your ass to Leavenworth.” Kyle shoots the boy and then the woman when she picks up his dropped grenade and attempts to throw it.

Bradley Cooper’s portrayal of Kyle here and throughout the film might be called the “inward turn.” Kyle isn’t overwhelmed by the event, but we sense that it is merely the first of many dramatic killings whose troubled imprint on Kyle will emerge in due course. After their deaths, he breathes in, closes his eyes, and then prepares for the next shot.

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What is the Future for a Post-Liberal Europe?

Law and Liberty’s podcast with Danish journalist Flemming Rose, publisher of the 2005 Muhammed cartoons in the Danish newspaper Jyllands-Posten, took place in November. The occasion of our interview was the publication by the Cato Institute of Rose’s book The Tyranny of Silence, about the consequences he experienced after the cartoons were released. Rose’s voice is obviously powerful given what he endured, but he is also incredibly thoughtful on Europe’s post-liberal order. Europe, he says, now struggles to understand what it is about save for its thin belief in transnational EU governance and a nearly blinding commitment to egalitarianism, itself a contributing factor to the rise of…

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