America, What’s Left of It: A Conversation with Patrick Deneen

conserving americaPatrick Deneen joins this edition of Liberty Law Talk to discuss his latest book, Conserving America? Essays on Present Discontents.

Patriot Fight Club: A Conversation with Steven Hayward

patriotism is not enoughHow did key participants in Straussian fight club, especially Harry Jaffa and Walter Berns, challenge the progressive settlement of political science, the history of the American Founding, and constitutionalism? Our guide for understanding this debate will be Steven Hayward who joins this edition of Liberty Law Talk to discuss his latest book, Patriotism Is Not Enough: Harry Jaffa, Walter Berns, and the Arguments that Redefined American Conservatism.

Foreign Policy in the Metaphysical Mode

aircraft take off

A populist backlash against globalization during 2016 brought a series of events culminating with Donald Trump’s surprise victory in the U.S. presidential election. The results marked a sharp break with a muscular form of liberal internationalism committed to spreading democracy and promoting human rights that guided policy since the 1990s.

Read More

Fare Thee Well

U.S. President Barack Obama gives his farewell speech at McCormick Place on January 10, 2017 in Chicago, Illinois. (Photo by Darren Hauck/Getty Images)

If there is any doubt remaining that the slogan “change” had no content when it was proffered as a reason for electing a President, consider this: Barack Obama bid farewell to the nation without calibrating his calls for change to his assertions of having already achieved it. President Obama’s farewell last night—delivered not in the traditional sedateness of the Oval Office but rather at the site and in the manner of a campaign rally—thus served as a primer on the shift from the liberal politics of amelioration to the Progressive politics of historical teleology. It should be said that despite the setting, he…

Read More

American Heresies and the Betrayal of the National Interest: A Conversation with Walter McDougall

tragedyWhat is American civil religion? And has it been distorted to the extent that it has undermined our nation's foreign policy? The eminent historian and scholar Walter McDougall, author of the new book, The Tragedy of U.S. Foreign Policy, joins this edition of Liberty Law Talk to discuss these questions.

Stumbling Toward a Compromise

rugby scrum

“If you want to understand why evangelicals could vote for someone of Trump’s morals,” Megan McArdle suggested, read Harvard Law professor Mark Tushnet’s “Abandoning Defensive Crouch Liberal Constitutionalism.”

Read More

What Hath Obama Wrought

Pete Marovich/Bloomberg via Getty Images

The defeat of the Democratic Party in the 2016 election is an astonishing and unmistakable repudiation of the “transformation of America” to which Barack Obama dedicated himself as constitutional chief executive. Obama’s transformation of America disavowed the natural law principles on which the country was founded. For more than a century Progressive reformers assiduously indoctrinated Americans in the philosophy of pragmatist relativism. Faithful to the Progressive tradition, Obama appealed to pragmatism to rationalize the transformation of America. While post-mortems are being prepared to explain what went wrong, it is pertinent to reflect on how Left-liberal opinion makers understood the “once-in-a-life-time” opportunity that Obama’s election provided to achieve long sought progressive goals.

Read More

Which Constitution Will We Live Under?

Architectural Columns on the Portico of a Federal Building in Ne

The Progressive apoplexy over Donald Trump—which is justified on myriad grounds, many of them other than those his critics are articulating—ought not obscure this decisive fact: Trumpism is a disease of Progressive constitutionalism. Its symptoms include an inflamed presidency and Supreme Court—and embrace of the former and a reaction against the latter.

Read More

Why a Republican Senate Would Be Best for the Rule of Law

There has been a lot of discussion in the blogosphere about what candidate would be better for the rule of law—Hillary Clinton or Donald Trump. At City Journal I recently pointed out that both candidates pose some legal dangers.

But whoever is elected President, there can be no doubt that a Republican Senate would be best for originalism and thus the long-term prospects of the rule of rule. Begin with the election of Clinton, because that is the far more probable outcome and thus should be counted most heavily in the calculus.  She would nominate justices who are outright hostile to the meaning of the Constitution.  At the Presidential debate she said nothing about wanting justices who would follow the law, just judges who have empathy and who would follow her litmus tests of being in favor of Roe and against Citizens United. That latter comments were too much even for the Washington Post.

Even more importantly, she comes from a progressive movement that is dedicated to transforming the Constitution without going through the amendment process. As I said in my City Journal essay:

Read More

The Decline of Constitutional Morality: A Conversation with Bruce Frohnen

const moralityIs America in a constitutional crisis or is the country already post-constitutional and merely adjusting to a regime of quasi-law? Bruce Frohnen joins this edition of Liberty Law Talk to discuss this question and his latest book, coauthored with the late George Carey, Constitutional Morality and the Rise of Quasi-Law.