Jonathan, I can’t even agree on the propositions you hope will make for common ground between us. Whether a bill’s assertion of federal power is constitutionally justified is a question independent of whether the justification its text attempts to make is sound; so while I would change those parts of the bill, I don’t worry about its constitutionality on that score. Also, as you know, I believe that to regard the congressional role in “enforcing” equal protection as being subordinate to the federal courts–with the courts defining what equal protection entails and the Congress implementing its definition–reflects a judical-supremacist understanding of the Fourteenth Amendment at odds with its original meaning. So there should in principle be no need for Congress to “show” its warrant for action to Justice O’Connor’s satisfaction. . . . Speaking of federalism, I’ll be interested to hear your thoughts on my piece online today on medical-malpractice reform (although I probably won’t be able to get back online until Sunday night).
The Senate. The Electoral College. The First Amendment. The Second Amendment. The Supreme Court. Is there a part of our constitutional order that the Democrats have not pledged to destroy? There are some Democrats out there in the sticks — a lot of them, in fact — who simply don’t understand the ... Read More
Whitcoulls, New Zealand's largest bookstore franchise, pulled the work of Jordan Peterson from its shelves Wednesday in response to the mosque shootings that claimed 50 lives in Christchurch last week. Peterson's book 12 Rules for Life: An Antidote to Chaos, which contains a chapter addressing the particular ... Read More
She's not a fan. Read More
It never fails. Whenever a Republican president makes a controversial or contentious move to support Israel -- such as moving the American embassy to Jerusalem, or yesterday’s decision to recognize Israeli sovereignty over the Golan Heights -- you’ll see various “explainers” and other stories that purport ... Read More
One: South Bend mayor Pete Buttigieg’s father, Joseph Buttigieg, immigrated to the United States from Malta and was naturalized as a U.S. citizen in 1979. He was a professor of European literature who taught at New Mexico State and then Notre Dame. The elder Buttigieg was a fan of Manchester United soccer and ... Read More
Special Counsel Robert Mueller on Friday evening delivered a report to attorney general William Barr detailing his nearly two-year investigation into Russian interference in the 2016 election and possible collusion with the Trump campaign. Barr will now be tasked with deciding what information from the report ... Read More
We are told constantly that Donald Trump’s lies corrode the life of our Republic. Jacob Levy of the Niskanen Center invoked Hannah Arendt on the subject, and said that Trump uses lies the way authoritarians do, to demonstrate and expand their power, by “making his surrogates repeat the lies [he] compromised ... Read More