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.

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The False Promises of Presidential Leadership


This century witnessed the “return of history” in international affairs, and has now shown that we Americans are not immune from the tendencies of human nature toward excessive ambition, and of political society—particularly democracy—toward oligarchy and tyranny. Americans are not exceptional.

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The Flight of Fancy Election

Fantasy Airship

According to Livy’s History, the Roman consul Publius Decius Mus sacrificed himself to the gods by “leap[ing] upon his horse and dash[ing] into the middle of the enemy” in a ritual that secured victory for his embattled army. One hopes the polemicist using Decius as a pseudonym in a much discussed broadside against Never Trumpers, having anonymously expressed an opinion with which somewhere north of 40 percent of Americans agree, is safe. The republic almost certainly will be.

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Kissinger’s Quest for Order


Henry Kissinger has drawn on his experience of statecraft to explore the contradictions of world order, and elucidate how statesmen keep international relations from becoming an anarchic struggle. Pithy observations punctuate his latest analysis, World Order, an engaging book informed by a wide appreciation of history and culture.

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The First Progressive?

The first canon of Progressivism is faith in human reason. Politics for the Progressive is a science not in the Aristotelian but in the Baconian sense. Political questions are not prudential complexities to which human judgment approaches better or worse answers but rather moral rigidities with right or wrong solutions wholly within the ambit of the all-powerful human mind. The distance from that schematic to administration by experts is brief. In fairness, that portrayal substantially attenuates the chain. But a recent family visit to Monticello served as a reminder that, however ironically, Thomas Jefferson is one of the chain's first American links.…

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Extralegal Power

Wilson IIIn 1887, when Woodrow Wilson was still a mere academic, he wrote an essay that served as a clarion call for administrative power. Revealingly, one of his themes was that reformers faced greater difficulties in modern democracies than they had in the monarchies of the past:

Once the advantage of the reformer was that the sovereign’s mind had a definite locality, that it was contained in one man’s head, and that consequently it could be gotten at. . . . Now, on the contrary, the reformer is bewildered by the fact the sovereign’s mind has no definite locality, but is contained in a voting majority of several million heads; and embarrassed by the fact that the mind of this sovereign is also under the influence of . . . preconceived opinions; i.e., prejudices which are not to be reasoned with because they are not the children of reason.

Exacerbating this problem was the diversity of the nation, which meant that the reformer needed to influence “the mind, not of Americans of the older stocks only, but also of Irishmen, of Germans, of negroes.”

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Achieving America’s Peace: A Conversation with Angelo Codevilla


Angelo Codevilla comes to Liberty Law Talk to discuss his latest book To Make and Keep Peace Among Ourselves and with All Nations. Our conversation focuses on Codevilla’s main argument that American statesmen increasingly fail to understand the nature and purpose of statecraft: the achievement of peace. So what does it mean to achieve America’s peace? To do so, Codevilla insists, requires concrete evaluation of the means and ends necessary to protect American interests. This requires particular judgments about power, interests, and the practial reality we are confronted with. Our practice, for well nigh a century, has been to speak in…

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The Imperial Mount Rushmore

Though it’s been a few weeks since it appeared, I would be remiss if I didn’t mention Stephen Knott’s excellent piece on whether Woodrow Wilson destroyed the office of the presidency. The clamor about the imperial presidency is on the rise with many commentators (such as George Will) and Knott’s article gives us a better understanding of its rise, as well as its implications. Knott describes the “expectations gap” that has arisen due to modern conceptions of the presidency, where we expect the president to heal the planet, rather than work to enact reforms within the institutions of constitutional government.

In response to Professor Knott I would only mention that I think Woodrow Wilson may not even deserve top billing in terms of producing the rise of presidential power.

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The Pen, the Phone—and the Constitution

President Obama and his advisors have told us that he can work around a purportedly obstructionist Congress by using what they claim is legitimate executive authority exercised by “pen and phone.” The phrase is meant to put across the idea that the president can get things done by signing off on various formal and informal executive initiatives, and cajoling Americans within government and without to act according to his vision. White House advisor Dan Pfeiffer, who is credited with inventing the phrase, recently explicated its meaning by observing that in an era of divided government, a Democratic president cannot easily get his way when Republicans control Congress. In order to “move the ball forward” on the president’s agenda, the deployment of “executive power” is required, according Pfeiffer.

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Friday Roundup, January 24th

Don't miss this month's Liberty Law Forum on the Constitution's structural limitations of power and the Bill of Rights: Contributions from Patrick Garry, Ed Erler, Michael Ramsey, and Kenneth Bowling. How should contemporary defenders of limited government and the rule of law understand and learn from the New Deal's revolutionary movement? The current Liberty Law Talk with Gordon Lloyd, co-author with David Davenport of The New Deal & Modern American Conservatism, discusses this question. Liberty Law Reviews: William Atto on Scott Berg's Wilson:  In 1879 . . . he published his essay “Cabinet Government in the United States,” in the International Review. Clearly…

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