Bench Memos

This Day in Liberal Judicial Activism—September 17

A mixed day for the Constitution:

1787—The Constitutional Convention unanimously resolves that “the preceeding Constitution be laid before the United States in Congress assembled, and that it is the Opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the People thereof, under the Recommendation of its Legislature, for their Assent and Ratification.…”

1939—David Hackett Souter is born in Melrose, Massachusetts.  In a tragic blunder, President George H.W. Bush appoints Souter to the Supreme Court in 1990.  During his tenure on the Court, Souter proceeds to misread into the Constitution the Left’s agenda on a broad range of issues—for example, abortion (including partial-birth abortion), homosexual conduct (including a virtual declaration of a constitutional right to same-sex marriage), and imposition of secularism as the national creed. 

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Politics & Policy

March Mailbag

1. In response to this post, about the Fed and fiscal stimulus: “So are you saying that deficit spending is a free lunch because the Fed will keep inflation from happening? You say [extra government spending] won’t ‘raise economic output’ but what’s the harm of it if you’re right?” I see at least ... Read More


For your amusement, I hope, I’ve done a Jaywalking episode. It begins with a bit of the overture to Semiramide -- a Rossini opera I reviewed from the Met last week. Then I get into Russia and, after a while, China. The Marriott company fired an employee for “liking” a tweet by a Tibetan independence group. ... Read More

Campaigns for World Down Syndrome Day Go Viral

As World Down Syndrome Day approaches on Wednesday, several campaigns supporting those with the condition have taken over the Internet. Fifty mothers of children with the condition put together a viral video of them and their children singing along in the car. The video helped the children and their mothers ... Read More

Viva l’Italia?

Italy has just had elections, with very interesting results. I wanted to talk with Alberto Mingardi, which I have. He is one of the leading classical liberals in Italy -- the director general of the Bruno Leoni Institute, in Milan. (Mingardi himself is Milanese.) He is also an authority in arts and letters. In ... Read More