Hewitt’s Mostly Wrong Way


The latest venture to confront the new Donald Trump era is what Hugh Hewitt calls his “conservative playbook for a lasting GOP majority.” This is the subtitle of The Fourth Way, his new book. Hewitt, the Chapman University Law School professor, former Reagan administration official, and talk radio host, is everyone’s favorite nice guy—a charming media personality, fair-minded debate moderator, and the author, so far, of 17 books. This one is his most ambitious.

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History’s Fickle Judgment

herbert hoover

Why is Herbert Hoover so reviled?

How should history rate Herbert Hoover, the nation’s 31st President? By today’s standards, Hoover was an anomaly. He rose, in Horatio Alger fashion, from being orphaned at age nine to the pinnacle of self-made success in business and finance. Although he was a Quaker, Hoover’s martial adventures in China’s Boxer Rebellion in 1900—at one point leading a detachment of U.S. Marines against Chinese rebels—rival the fictional exploits of Indiana Jones. In an era before ghost writers, Hoover was an accomplished author; his 1922 book, American Individualism, cemented the fame he had earned as a global mining engineer and international humanitarian relief administrator.

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A Decentralizing Remedy for the Diseases of a Fractured Republic: A Conversation with Yuval Levin

fractured republic

This edition of Liberty Law Talk welcomes back Yuval Levin to discuss his latest book, The Fractured Republic. Levin notes that our decentralizing republic, as observed in the decades long trends in social, economic, religious, and cultural diffusion, provides both opportunities and difficulties. America's ongoing deconsolidation from a nearly unprecedented period of national cohesion after World War II has led to numerous benefits for individual freedom and economic prosperity. However, if we are more free than ever, we may also be more alone than ever and bereft of the contexts for a responsible freedom and citizenship. And this has sparked a…

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Carl Auerbach, RIP

Most people reading this will probably not have heard of Carl Auerbach, who died this week at the age of 100, but he was a great and beloved man.

Carl had a long and important life, including being the Dean of the University of Minnesota Law Schools. He was a close adviser to Hubert Humphrey and probably would have been Attorney General had Humphrey not lost to Nixon in 1968. Carl accomplished many things in his career, including publishing the first textbook on the legal process and participating in the classic Skidmore case. He was also a kind of Forrest Gump of the 20th century, knowing many of the famous people. For example, Richard Nixon worked for Carl at the end of World War II.

But for me, Carl was a special colleague, someone who was very much a father figure to me in academia. Carl was the consummate academic, one who insisted on rigor from other academics (as well as from himself).

Carl had very different political views than me, which made our relationship all the more special. Carl was both a socialist (his term) and an anti-communist. Carl used to regale us with stories about this, even though many of us had a hard time accepting his position. After all, we had seen so many socialists who were fellow travelers with communists or at least anti-anti-communists.  But Carl was the real deal. Carl had grown up in an anti-communist family and he watched in post World War II Germany as the Russians took advantage of the West. His views were not welcome to the powers that be and eventually he left for academia. But not before this Forrest Gump met General Patton.

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Beef with the Administrative State


On February 24, 1943, a grand jury in Boston returned a criminal indictment against Albert Yakus, the President of the Brighton Packing Company, for selling cuts of beef in violation of the Emergency Price Control Act of 1942 and price orders issued by the Office of Price Administration (OPA). Mr. Yakus, and many others like him, never had a chance to contest the legality of the rule under which he was convicted. They just went to jail. And the Supreme Court, in Yakus v. United States (1944), said: no problem. That’s just the administrative state and its judicial partners at work.

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Introducing the Constitution: A Conversation with Michael Paulsen

Paulsen constitution

This next edition of Liberty Law Talk is a discussion with Michael S. Paulsen, co-author with his son, Luke Paulsen, of their new book entitled The Constitution: An Introduction. The Paulsens’ book is a thoughtful and probing overview of the foundations and evolution of American constitutionalism. Our discussion focuses on key ideas in the book: What does it mean to be a country that is defined by a written constitution? Is the Founders’s Constitution a pro-slavery document? Has the use of substantive due process in Lochner, Griswold, and Roe corrupted our understanding of the Fourteenth Amendment? Of what worth is the Youngstown decision that…

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Building the Tiers of Judicial Review

Pillar close-up

In American constitutional law, it is common to speak of “levels of scrutiny” or “tiers of judicial review.”

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The Call of American Liberty

Books reviewed in this essay:

The New Deal and Modern American Conservatism: A Defining Rivalry, by Gordon Lloyd and David Davenport (Hoover Institution Press, 2013).

The Crusade Years, 1933-1955: Herbert Hoover’s Lost Memoir of the New Deal Era and Its Aftermath, ed., George H. Nash (Hoover Institution Press, 2013).

New power emerges out of confusion—and ours is a confused age. No dominant historical narrative supplies us with a common story, and without a common story we belong neither to each other nor to shared ideals. When a people are unscripted by history, the past becomes raw material, to be processed via key moral and political vocabulary by those who would willfully impose “new modes and orders,” to quote Machiavelli.

New Deal and Modern ACDisordered times produce the search for order and the desire to impose order. Gordon Lloyd and David Davenport are in the former category. Their book The New Deal and Modern American Conservatism seeks to revise our historical understanding of the rise and development of American conservatism by tracing it to Herbert Hoover.

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Herbert Hoover’s Righteous Crusade Against the New Deal: A Conversation with George Nash


Herbert Hoover's legacy is perhaps forever linked with the failure of the American economy under his presidency after the stock market crash of 1929 and his ensuing defeat by Franklin Delano Roosevelt in the election of 1932. Further adding to his difficulties is the charge that he was progressive-lite in his policies before and after the Great Depression. The proper foundation, it follows, for advocates of a renewed conservative focus is Calvin Coolidge, a President who cut budgets and taxes. This discussion with Hoover scholar George Nash begs to differ. Nash, who previously appeared on Liberty Law Talk to discuss the…

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Remembering Why Hayek Mattered

tugwellThere’s nothing like reading Rex Tugwell to remind you why Friedrich Hayek won the Nobel Prize in Economics.

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