As most U.S. history textbooks teach, Congress passed the Pendleton Civil Service Act not long after a disgruntled office-seeker shot and killed President Garfield in 1881. The goal was to create a competent and politically neutral civil service. I wonder if, over a century and a quarter after America went down that road, the old problem is returning in a new guise, as we now have a highly partisan civil service, albeit one that has civil service protections.
On July 2, 1776, two hundred and thirty-eight years ago today, the Continental Congress voted that "These United Colonies are, and of right ought to be, free and independent states." John Adams, who more than any other single individual, helped push the resolution through Congress, was elated. The next day he wrote home to Abigail twice. "Yesterday the greatest Question was decided, which ever was debated in America, and a greater perhaps, never was or will be decided among Men. A Resolution was passed without one dissenting Colony "that these united Colonies, are, and of right ought to be free and independent…
As she hawks her new book, Mrs. Clinton is saying provocative things. Her assertion that “American political system is probably the most difficult, even brutal, in the world” has raised eyebrows across the country.
In a world in which violent coup d-etat are still relatively common in many parts of the world, that’s a striking claim. American politicians are toppled by elections, not by violence. The parties hurl invective at each other, not ordinance. As John Adams reflected to Thomas Jefferson in 1823, “I should like to see an election for a President in the British empire or in France or in Spain or in Prussia or Russia by way of experiment. We go on pretty well—for we use no other artillery than goose quills: & our ink is not so deleterious as language & grape.”*
A Captain in the LAPD has responded to critics of general surveillance by saying that Americans objected to street lights when they were first installed because they made it easier to see what people were up to at night. There is, of course, a rather large difference between allowing for people to see what goes on in public areas and recording everything that goes on there. The difference is, perhaps, akin to the difference between the Providential God who might be anywhere but is not necessarily in any given place at any given point in time and the Pantheist God…
Jonah Goldberg, as is his wont, notes that the Lefties always seem to think that "ideology" is what other people have. People who agree with them are "reasonable" and "practical." The latest example of this conceit is Ezra Klein’s new blog. As Goldberg notes, Lefties: Cheat by denying their ideological motivations — even to themselves. Indeed, it is a constant trope of liberalism to believe — dogmatically, ideologically — that they are just empiricists and fact-finders doing what is right and good in a battle against dogmatic ideologues on the right. The more honest approach would be to simply admit your…
In the recent Hobby Lobby Case, Justices Elana Kagan and Sonia Sotomayor said that corporations that don’t want to pay for abortions should simply not provide any health insurance: “But isn’t there another choice nobody talks about, which is paying the tax, which is a lot less than a penalty and a lot less than — than the cost of health insurance at all?” Dissenters from the official line must pay a tax. That sounds familiar.
Cambridge, MA, April 1, 2014
In a move designed to foster diversity and to create a university that “thinks like America,” Dr. Drew Gilpin Faust, the President of Harvard University announced yesterday that the school will embrace egalitarian admissions. The school will no longer give priority to students with good grades, high SAT scores, and impressive extra-curricular activities. Such policies have, Dr. Faust acknowledged, created an “elitist” and “inegalitarian” atmosphere at the college. “It is unacceptable in 2014 to be favoring the intelligent over the unlearned, and the energetic over the slothful,” she proclaimed.
In Sebelius vs. Hobby Lobby Stores, Inc. we are asked whether a private corporation has the right to buy health insurance that does not pay for abortion.
Progressives like Erwin Chemerinsky argue that the issue is simple: A private partnership might have the right to buy insurance according to the conscience of the owners but a corporation is a separate entity, created by the state, and, as such, is and must be secular. It is a “secular corporation.”
But why must that be the case?
This quarter, I assigned Liberty, Equality, Power in the U.S. history survey. I might try another book next year because it’s getting to be too expensive for the students. Anyway, it’s a solid book. Reading over the chapter on "The Old South, 1790-1850," I stumbled over this bit, describing the deep South: "Slaves under the task system won the right to cultivate land as ‘private fields'—farms of up to five acres on which they grew produce and raised livestock for market. There was a lively trade in slave-produced goods, and by the late 1850s slaves in the lowcountry not only produced and exchanged…
Many Americans believe that the Fourteenth Amendment created “birthright citizenship.” By this logic, any person born on U.S. soil is an American citizen. That is an interpretation, and not the most natural one, of the phrase, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The key question is what does the phrase, “subject to the jurisdiction thereof” mean? The prevailing view, at least in our political class, and among activists, is that it means subject to any jurisdiction. Hence most Americans, even lawyers who ought to know better, think that the children of people who came to America on tourist visas, or no visa at all, are American citizens.