1947—In Everson v. Board of Education, the Supreme Court misconstrues the Establishment Clause as erecting a “wall of separation” between church and state. As law professor Philip Hamburger demonstrates in his magisterial Separation of Church and State (Harvard University Press, 2002), there is no legitimate basis for reading the Establishment Clause to impose a regime of separation of church and state, much less Thomas Jefferson’s “wall of separation.” The idea of separation was “radically different” from the non-establishment guaranteed by the First Amendment and became popular only “in response to deeply felt fears of ecclesiastical and especially Catholic authority.” Moreover, explains Hamburger, the persisting separation myth has in fact undermined religious liberty.
Conventional wisdom regarding America’s relationship with royalty goes something like this: Americans have no time for monarchy as a political concept but can’t get enough of the British royal family. The American media’s round-the-clock coverage of the recent royal wedding certainly seems ample evidence of ... Read More
Why exactly did nearly half the country vote for Donald Trump? Why also did the arguments of Never Trump Republicans and conservatives have marginal effect on voters? Despite vehement denunciations of the Trump candidacy from many pundits on the right and in the media, Trump nonetheless got about the same ... Read More
Rarely in my life have I read a more hostile or vicious takedown of a public figure than last week’s New York Times profile of Canadian author and psychologist Jordan Peterson. Rarely have I witnessed a more bizarre and bad-faith interview of a public figure than journalist Cathy Newman’s January ... Read More
On Sunday, President Trump tweeted a “demand” that the Justice Department investigate political spying in the 2016 campaign. This replays the political-spying controversy that surfaced in late February. Right now, the issue involves the Obama administration’s use of at least one confidential informant -- a ... Read More
President Trump is opening a whole new chapter in the war between him and the investigators pursuing him. Today, he tweeted: “I hereby demand, and will do so officially tomorrow, that the Department of Justice look into whether or not the FBI/DOJ infiltrated or surveilled the Trump Campaign for Political ... Read More
We wuz robbed. That’s the theme Democrats and their media allies are working hard to cement into conventional wisdom. And robbed in a very specific way: The 2016 presidential election, we’re to believe, was stolen from Hillary Clinton by disparate treatment. As Democrats tell it, the FBI scandalized their ... Read More
On another terrible day, I hate to introduce even more pessimism, but when we discuss mass shootings, one of the first questions we ask is the simplest and also the hardest to answer. Why? Why does this keep happening? Those who advocate for gun control have an immediate answer -- the prevalence of guns in the ... Read More