Being Honest about Social and Economic Mobility

Being Honest about Social and Economic Mobility

Both left and right in the U.S. take social and economic mobility as an unqualifiedly good thing. Americans judge economic progress, or regress, by the ability of the country’s putative Horatio Algers to lift themselves up by the bootstraps. The left argues economic and social mobility has been decreasing recently …

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Originalist Rules of Precedent

Originalist Rules of Precedent

In my last two posts on precedent, I argued for two propositions. First, the Constitution contemplates precedent as a legal consideration in some circumstances and determines the appropriate circumstances through common law doctrines. Second, these common law doctrines should be informed by the great and general value of following the …

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Mainline Radical: On Schrader’s First Reformed

Mainline Radical: On Schrader’s First Reformed

Faith abhors a vacuum. One religion sets and another rises: what human beings worship fluctuates, but that they worship is constant. Idols can replace each other in the temple, yet the gods remain. Thus do uprooted doctrines survive their original context, which had grounded and moderated them, when worshippers seek …

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Millennials of the World, Unite!

Millennials of the World, Unite!

For some time now, millennial-bashing has been a favorite pastime of journalists and op-ed writers. Millennials, we’re told, are different from previous generations, and rarely in good ways. They don’t work as hard as previous generations and don’t save the money they earn; they live with their parents but simultaneously …

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American Power in a Medieval World

American Power in a Medieval World

Globalization is ongoing but the dream of the techno-optimists is finished. This is the thesis of the latest book by Robert D. Kaplan, The Return of Marco Polo’s World: War, Strategy, and American Interests in the 21st Century. The world is modernizing but globalization is not generating a uniform world …

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The Archbishop and the Pope

The Archbishop and the Pope

Editor’s Note: This is part of a Law and Liberty Symposium on the crisis in the Catholic Church. To begin with the obvious is a good place to start. In this case it is also quite dramatic. Archbishop Viganò’s recent J’accuse of the Pope and many high-up church men is …

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A Law and Liberty Symposium on the Catholic Church’s Crisis

A Law and Liberty Symposium on the Catholic Church’s Crisis

So much has been written on the sex abuse crisis gripping the Catholic Church on a worldwide basis with ongoing revelations, old and new, pouring forth. Things have been brought to a fine point in this country with the realization that one of the highest officials in the Church in …

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Ben Sasse on How the Administrative State Injures American Democracy

Ben Sasse on How the Administrative State Injures American Democracy

Nebraska Senator Ben Sasse’s opening remarks last week at Brett Kavanaugh’s confirmation hearing focused attention on Congress delegating its own legislative power to the executive branch. The argument he developed regarding how promiscuous congressional delegation of its own power weakens the Constitution’s separation-of-powers system was important in itself – and …

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Social Media Suggests a Deeper Threat to Democracy Than Russia: Us

Social Media Suggests a Deeper Threat to Democracy Than Russia: Us

Let’s stipulate that the Russians tried to influence the election by putting politically divisive advertisements on social media. What explains the moral panic about these actions? Their advertisements were relatively few in number. They were also quite crude, some analogizing Hillary to Satan, others lauding the Black Panthers for stopping …

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Was Hayek an Originalist?

Was Hayek an Originalist?

Two of my academic interests – one might even call them obsessions – have been Friedrich Hayek and Originalism. So, it is natural that I have long thought of writing about whether Hayek was an originalist. But now 11th Circuit Court Judge William Pryor has written an article on the …

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