Just once, it would make some professor’s constitutional day to read the lead paragraph of a news report on a Supreme Court decision and see high-level judicial reasoning (who thought what) rather than bottom-line ox-goring (who lost what) taken seriously. Wednesday, when the Court’s decision in McCutcheon v. FEC was announced, was not that day. Continue Reading →
Liberty Law Blog
My daughter enjoys horrifying me with tales of daily life in a modern high school, and who am I to deny her such small pleasures. But lately, she’s decided to provoke me with her history lessons on the early republic, and that’s just taking things too far. Continue Reading →
My co-blogger John McGinnis has a great post up on the politics of Game of Thrones. (I cannot resist mentioning that I initially recommended that John watch the show but he resisted; obviously, he has come around.) Unlike John, I watch Game of Thrones for all of it – for the politics, for the great characters, for the surprises, for the sex, for the violence, for the humor as well as for the politics. I thought I would add a couple of reactions to the show and John’s post. (Some spoilers below.)
John notes how the show vividly illustrates that “a stable monarchy was a great advance for liberty over warring barons.” True enough, but the show also makes clear that the danger that the hereditary monarch can impose when he turns out to have the wrong traits for ruling, as the mad king, Aerys II of the House of Targaryen, displayed. By the same token, such a mad king might have good or bad heirs – Aerys’s son Prince Rhaegar may turn out to be have been a good man (or at least not a bad one), and while Aerys’s younger son, Viserys, would certainly have been a disaster, his daughter Daenerys, shows signs of greatness.
John also notes that some men just do not have the capability for exercising power, such as Robert Baratheon and his successor Joffrey. This is certainly right, but author George Martin also recognizes that some men cannot exercise power well, because they lack a Machiavellian insight into the nature of the political world. Ned Stark was disastrous because he sought to impose his ideals of how the world should be rather than recognizing and responding to how it actually is. As Daenerys shows, one need not be a bad person or ruler in order to rule effectively. One just has to understand how the world works.
In my view, the most distinctive characteristic of Game of Thrones (apart from George Martin’s willingness to kill off important characters) is his mixed view of the world, with few characters being entirely good and even fewer being entirely bad. Continue Reading →
Charles Calomiris and Stephen Haber, combining their scholarly command of banking and political institutions, have published a book full of fertile ideas, instructive histories of the evolution of a number of banking systems, and provocative interpretations of the co-dependency between banks and governments. Continue Reading →
Recently the California Senate retracted a bill that would have called for a referendum to reverse Proposition 209, the famous initiative banning racial, ethnic and gender preferences in public education and contracting. This decision came in response to second thoughts from Asian-American state senators who got an earful from constituents. These citizens feared that reversing Proposition 209 would lead to lower numbers of Asian-American students at elite institutions, like Berkeley, where Asian-Americans are overrepresented as a percentage of the population.
The dynamics of this event reveal several things about the struggle between classical liberalism and the forces of government intervention and redistribution. The great old fear of classical liberals is that democracy permits majorities to redistribute wealth and opportunities to themselves at the expense of freedom and prosperity. The great new fear is that coalitions of energized, concentrated groups that are not even a majority can engage in such redistribution because they will have substantial leverage in a political system, where the majority may be uninformed, apathetic, and rationally ignorant of politics.
The forces for liberty in society, however, do have a significant structural advantage, even in the face of these substantial concerns. A coalition for redistribution can more easily develop internal tensions that prove fatal to its success. For instance, even if California becomes a so-called majority-minority state, not all the minorities will have similar interests. The failure to go to vote on the referendum shows that concentrated groups cannot get their way when a conflict develops between the groups. Democrats are thus overconfident that the demographic rise of minorities will make Democrats the natural party of government.
Public sector unions and minorities represent another important coalition for the Democratic party in urban areas. Yet this coalition has already begun to fracture, most notably because of education policy. Continue Reading →
What is wrong with America? It does not seem to work anymore. Low employment, static wages, burdened business, persistent poverty, destructive lifestyles, exploding debt, threatened entitlement bankruptcy, and stagnation generally seem to be its future, following the path to decline set by Old Europe the century before.
It may seem peculiar that a peace treaty signed in 1648 might hold the answer. Continue Reading →
Supporters of the Common Core repeatedly claim that Common Core was a state-sponsored initiative, that the nation’s governors originated in 2007-8 this wonderful idea, and that the federal government had really – but really – nothing to do with these wonderful career- and college-ready standards that will propel many more of our students to be competitive in the global marketplace.
I will ignore for a moment what those supporters “forget” to mention – that the standards were produced in a secretive non-public process, that they were funded largely by the Bill and Melinda Gates Foundation and private DC-based lobbying organizations, and that they had little input from their actual stakeholders: teachers and the public.
Instead, I will focus on how well Common Core standards match their own claims and aspirations. Continue Reading →
I am very pleased to announce that Keith E. Whittington, the William Nelson Cromwell Professor of Politics at Princeton University, will be blogging @ Law and Liberty for the month of April. I know that we are in store for an interesting array of posts on constitutional jurisprudence and other subjects.
Keith’s books include Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review (Kansas, 1999); Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History (Princeton, 2007), and American Constitutionalism (Oxford, 2012) (with Howard Gillman and Mark A. Graber). He is currently finishing a history of the judicial review of federal statutes and a collection of source material in American political thought.
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. Continue Reading →