A Return to Government by Consent: A Response to James Rogers

At the Liberty Law Blog, Professor James R. Rogers makes a sweeping claim that Americans no longer believe in the principle of consent ensconced in the Declaration of Independence. While “Americans at the Founding took seriously the idea that their consent could be conferred by their representatives,” Americans today do not. On both left and

By | 2017-04-07T16:43:03+00:00 April 4th, 2017|

Looking Down on Trump’s Brain

According to Ross Douthat, in his April 1, 2017 New York Times article, “Trump Needs a Brain”: Trump himself doesn’t know what he wants to do on major issues and there’s nobody in his innermost circle who seems to have a compelling vision that might guide him. Douthat says in an “ideologically unstable age” Trump

By | 2017-04-07T15:49:32+00:00 April 4th, 2017|

Americanism vs. Marxism-Lennonism

I have a friend who is a retired public school teacher. She is very likeable and in some areas an independent thinker. One day in conversation she brought up the terrible poverty and near-anarchy that prevails just on the other side of America’s southern border. It quickly became clear that she believed America was at

By | 2017-04-03T05:31:05+00:00 March 25th, 2017|

Trump’s Brand of Self-Government on Display in Recent Rallies

Donald Trump famously promised to be a “cheerleader” for the country when he launched his 2016 presidential campaign, saying he would “take the brand of the United States and make it great again.” Now, in an ongoing series of rallies, he is doing just that. And, perhaps surprisingly, his idea of America’s brand highlights the

By | 2017-03-22T18:40:16+00:00 March 22nd, 2017|

Make Americanism Great Again

I recently received an e-mail—you may have seen it, too—from a person who has been a prominent spokesman for the GOP and now is a NeverTrumper. He notes that the GOP and American conservatism appear to have arrived at a turning point. Perhaps, he suggests, we should abandon the label “conservative” and reclaim for ourselves

By | 2017-03-22T15:29:49+00:00 March 22nd, 2017|

Shootout over Natural Law at Gorsuch Gulch?

Supreme Court justices sometimes devise overly clever “tests” in their opinions to determine the constitutionality of a law or government action. Here’s my one-pronged (and multi-part) Supreme Court minimal competency test, derived from Abraham Lincoln’s critique of Chief Justice Taney’s opinion in Dred Scot: Was Lincoln right in making the Declaration of Independence the basis of constitutional government?

By | 2017-03-21T15:39:54+00:00 March 21st, 2017|

Political Loyalty Precedes Fundamental Rights: A Reply to Jesse Merriam

Jesse Merriam makes an attractive case for a more principled and thereby, he hopes, more successful approach for conservatives arguing religious liberty cases in the courts. He is concerned in particular with State of Washington v. Arlene’s Flowers, involving a florist who cited her Christian beliefs in refusing to make a floral arrangement for a same-sex

By | 2017-03-14T22:20:22+00:00 March 14th, 2017|

Trump Revisits Gettysburg

As Abraham Lincoln at Gettysburg spoke of America by referring to the four score and seven years that had passed since its birth, President Trump envisioned an America twelve score and 10 from its birth; its 250th birthday, or sestercentennial. That would place us in 2026, a year and a half following an eight-year Trump presidency. Our

By | 2017-03-01T18:23:20+00:00 March 1st, 2017|

The Alternative to Facts

The reality of President Trump is driving the Left crazy—from the smears of “fake news” to this week’s hullaballoo over “alternative facts.” The media this week is attacking the crowds at Donald Trump’s inauguration and to continue their war of delegitimization against the new president. In this, they have been complicit in not just spreading

By | 2017-01-23T16:24:58+00:00 January 23rd, 2017|