Free Markets, Racial Equality, and Southern Prosperity: The Rise and Fall of Lewis Harvie Blair

Lewis Harvie Blair remains one of the most curious and frustrating figures of post-Reconstruction Virginia. Blair, called by historian Charles E. Wynes one of the forgotten voices of opposition to segregation, distinguished himself by exposing the failure of “New South” industrial development and illustrating the economic benefits of racial integration. The Richmond businessman and writer held that the only way to rebuild industry in the South was to integrate all public-facing facilities and schools, invest in the education of workers, and reinstate the protection of African Americans’ civil rights.

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Frozen: Politics in Disney Movies

I like to keep up with various types of popular entertainment.  So while I don’t have little children any longer (and don’t have grandchildren yet), I try to watch the well regarded animated films.  Frozen is a very popular movie these days and so I caught it the other day on cable. It was ok – no Lion King, but not bad.  What struck me about it was the injection of current politics. Frozen appears to be intended for a mainly female audience, with the focus on two sisters, one of whom finds love in the end. Like many traditional fairy tales, the…

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How to Avoid Argentine Federalism

James L. Buckley is a former U.S. Senator, federal judge, and real-life saint. The Federalist Society’s 2014 Annual Convention featured a presentation and panel discussion on his most recent book, Saving Congress from Itself. As the title suggests, Jim Buckley—even at age 91—is into tasks that are kind of biggish. His key proposal is to phase out any and all federal transfer payments to state and local governments.

Robert R. Gasaway (Kirkland & Ellis—once upon a time, Judge Buckley’s law clerk) chaired the panel composed of Senator Buckley, John Eastman (Chapman Law School), and yours truly. Pending FedSoc’s posting of the video, my humble remarks appear below. More fodder for my friend Linda Greenhouse, I suppose.

Saving Congress from Itself is a must-buy and must-read. I wish I could write like that.


God bless Senator James Buckley.

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What Tocqueville Can Teach Us About the Culture War

The culture war rages on. Recently the New York Post reported that the state of New York has fined a couple for refusing to host a same-sex wedding on their farm. This provides some context for, in Ezra Klein’s words, “the politicization of absolutely everything.” The complaint has its ironic dimensions, and leads us to ponder what caused that politicization—and what can we do about it. Klein points to surveys showing that Americans are growing increasingly partisan. In one study he cites, participants were given resumes to review. The results showed that, as Klein writes, “race mattered. But political orientation mattered…

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Three Reasons to Reform Old Age Entitlements Now

In my last post, I showed that the younger generation is likely to live longer in a wealthier nation. If the younger generation is likely to be better off, why shouldn’t we transfer resources to the old and forget about reform to Social Security and Medicare? There are three reasons.

First, because of human nature each generation wants the next generation to be better off. It is distinctly odd to redistribute against the preferences of the beneficiaries. Most people have children and others have nieces and nephews. They are committed to these youngsters’ welfare even at the expense of their own. This is clear not only from polling, but from actions. People of any means almost invariably try to leave their children an inheritance rather than party down into old age.

One might ask why nevertheless old people often vote against reform of entitlements. First, most people are rationally ignorant of politics. Polls regularly show that many people do not recognize the amount of money spent on entitlements, thinking instead that foreign aid makes up a greater portion of the budget.

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Another Argument for Originalism

In the past, I have noted that there are three main arguments for originalism: 1. Originalism as an interpretive theory (the most accurate meaning of the original document); 2. Originalism as a normative theory (the most normatively desirable interpretation of the Constitution); and 3. Originalism as positivism (the original meaning is the law).

Here I want to explore a type of theory that intersects between the second and third categories: a theory that views the original meaning as the law, not based on positivism, but based on a normative or idealized conception of the law.

If one looks back at some of the old originalist theories, I think it is possible to read them as adopting an idealized conception of the law.  The law is not what the rule of recognition requires, as in the positivist theory.  Nor is the law what would lead to the best results in general, as some versions of the normative theory hold.  Instead, the law is determined through an idealized conception of the law.

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Chevron Deference About to Hit a Snag


A recent Supreme Court order portends interesting limits on the Securities Exchange Commission and on Chevron deference. Earlier this fall, I observed how the SEC evades jury rights and other rights of criminal defendants by proceeding against them in SEC hearings. Now, as noted by Ed Mannino, the Supreme Court is beginning to focus on a related danger.

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D.I.G. King v. Burwell?

GruberThe hubbub over the ACA is getting weirder and weirder. Amidst other revelations, there appears to be an extensive but as-yet undisclosed legislative history bearing on the pending Supreme Court litigation in King v. Burwell. One surprise at a time, though:

Professor Jonathan Gruber has by now well earned the George Washington Cherry Tree Award. Congenitally incapable of telling a lie, he blurts out an inconvenient truth about the act every time he opens his mouth. In today’s Wall Street Journal, Tevi Troy unveils “Another ObamaCare Deception” cheerfully revealed by Professor Gruber, this one having to do with an artfully disguised tax on “Cadillac” health plans that will eventually encompass Chevys.

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Would George Washington Mourn NATO?

Meetings of the Defence Ministers at NATO Headquarters in Brussels - North Atlantic Council Meeting

Celebrating the North Atlantic Treaty Organization as the cornerstone of U.S. foreign policy was an obligatory ritual for two generations of American statesmen. As the decades passed however, mention of it and of “our European allies” has come with decreasing conviction and increasing embarrassment. Few dispute that, today, the alliance’s formalities are a pretense likelier to get its members into trouble than to pull anyone out of it. Civilizational changes have emptied it of substance. Readjusting American strategy to take account of those changes makes far more sense than talking about “revitalizing” or “rebuilding” an alliance on bases that no longer exist.

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