On Adam, Eve, Tribes, and Nations

The prospect of Scottish independence has spurred a great deal of discussion here and elsewhere. It’s worth remembering that the Act of Union of 1707, which drew England and Scotland together, factored into the story of the American Revolution. Thomas Jefferson and other colonists believed that each colony had the same relationship to Britain in the 1770s that England and Scotland had to each other before the Act of Union: as an equal state with a common monarch.[1]

Read More

Charles Koch’s Jefferson

JeffersonTo whom does Jefferson belong in today’s political debates? The reality, it seems, is everyone. Quotes can be found on almost any topic expressing virtually any sentiment, in large measure because unlike so many others of his day, Jefferson saved everything.

That’s why I am rarely bothered by either side of the political spectrum quoting him. What does bother me, though, is when people who ought to know better think they can claim Jefferson, exclusively, enlisting his pen in their ideological causes.

Richard Eskrow ought to know better.

Read More

American Liberty and the “Pursuit of Happiness”

In reflecting further on the issues raised by Ted McAllister’s emphasis on the American historical experience of liberty in this month’s Liberty Law Forum, I find myself returning again to consider the meaning of a particular phrase of the Declaration of Independence: “the pursuit of happiness.” I have written about this before in other places, but McAllister’s highlighting of historically lived experience, brings out the significance of this passage even further.

Read More

Liberté, Egalité, Non Merci

The home and birthplace of John Adams—and his son, John Quincy Adams, diplomat, president, legislator and, most important, translator of the indispensable The Origins and Principles of the American Revolution, compared with the Origins and Principles of the French Revolution, more on which presently—sits on Hancock Street in Quincy, Massachusetts. The next time a U.S.-French Presidential duo desires a photo-op at the home of a historic American executive, they might skip Monticello and visit the Adams manse instead.

Read More

To Keep America Will Be to Keep Its Balance

Many long posts ago, this website hosted a discussion of Michael Greve’s wonderfully illuminating Upside Down Constitution. A key part of the thesis was the degree to which local self-governing political bodies in America have steadily ceded administration to national agencies, not as the helpless victims of a national takeover, but as willing, nay eager participants in the national redistribution of our common wealth.

Without a consideration of basic principles, of basic notions of right and wrong, of moral and philosophic ideals, this transfer of self-governance from the local to the national, becomes very hard to criticize.

Read More

The Myth of Constitutional Science

Kevin D. Williamson has posted an excellent takedown at National Review of a National Journal assault on the Constitutional regime. This latter piece, a polemic by Alex Seitz-Wald, argues that the founding document, while innovative in its time, no longer reflects humanity’s best constitutional erudition. Williamson’s critique is definitive—he notes, among other points, that the regime is not defective simply because it has failed to produce results in accordance with a critic’s proclivities—but I would amplify one point. Seitz-Wald argues for a sort of latter-day constitutional technocracy arising from science and divorced from experience that describes neither what happened at Philadelphia nor that for which any political society ought to wish today.

Seitz-Wald writes: “What was for the Founders a kind of providential revelation—designing, from scratch, a written charter and democratic system at a time when the entire history of life on this planet contained scant examples of either—has been worked into science.” Actually, the entire history of planetary life contained the British constitution, which the convention delegates much admired, and, more important, upwards of a century-and-a-half of uniquely American experience with self-government from which constitutional institutions evolved.

Read More

Sam Tanenhaus’ Calhounian Discipleship

I write from the Washington, DC suburbs, now quivering in fear from the violence of the last few weeks, from madmen, our police, and our Redskin-baiting politicians. But a Canadian immigrant (and I don’t mean Mark Steyn) relieves some discontent while producing even more.

In furious rage against the Cruz-sade, this weekend’s New York Times regular op-ed page columnists sputter about President Obama resorting to sinking aircraft carriers; Washington DC Hunger Games workouts led by Paul Ryan; and our sick politics that has produced gerrymandered red-lite districts. But there is an adult in the room, Times writer-at-large and sadly, former Book Review Editor Sam Tanenhaus, who gets to the heart of the crisis in his op-ed, “The Benefits of Intransigence.”

Read More

A Fistful of Federalism, Part I

In thinking and reflecting on Michael Greve’s The Upside-Down Constitution over the past year, I still agree with my initial assessment that Greve’s competitive federalism gives us an enormous understanding of so many fiscal and regulatory problems in our current political practice. I think he convincingly shows why many of the states are broke with little hope of recovery, save a federal bailout. Moreover, it also demonstrates why the broken states continue their current course of irresponsible fiscal policy. What else is there for them to do, channel their inner Coolidge? Not bloody likely.

Read More

Publius and the NSA Surveillance Program

Editor’s Note: This is the first of two posts that will offer contrasting opinions on the NSA electronic surveillance programs. Angelo Codevilla’s essay will appear tomorrow.

On July 24th, 2013, the United States House of Representatives defeated an amendment to the Defense Department’s Appropriations bill for fiscal year 2014 that called for greater restrictions on the National Security Agency’s ability to gather electronic information, including phone records of American citizens. Ninety-four Republicans and 111 House Democrats voted in favor of the amendment, while 134 Republicans and 83 Democrats voted against it. The amendment’s sponsors shared very little in common, other than the fact that they are both from Michigan. Republican Justin Amash, a devotee of free markets and limited government, joined forces with John Conyers, a perennial opponent of American foreign and defense policy since he was first elected to Congress in 1964.

Read More

Are We Egyptians?

No Denial: Once Americans, now Egyptians

Was the anti-Morsi coup in Egypt justified on liberal and democratic grounds? The distinguished legal scholars Ilya Somin and Michael Rappaport agree that democracy cannot be defended on the ground of majority rule alone, and I add my voice to theirs but for different reasons. In making their respective critiques of Morsi, Rappaport emphasizes long-run majoritarianism and consensus; Somin the protection of classical liberal principles. Put them together and you get something close to the American founding but still not quite there. I would advance the arguments of Thomas Jefferson articulated in his First Inaugural Address that is crucial for understanding Egypt and, more important, our own democracy.

Read More