Presidents of both parties, and houses of Congress controlled by both parties, have for decades tolerated and thus implicitly encouraged and provided an incentive for illegal immigration. What has been sacrificed along the way is the rule of law. Will the federal judiciary not only change central provisions of American immigration statutory law pertaining [...]
Instead of considering contemporary political issues, or politicians, Roger Scruton attempts to rebuild conservatism by looking seriously at its past… Conservatism: An Invitation to the Great Tradition, by Roger Scruton (176 pages, All Points Books, 2018) In his Conservatism, An Introduction to the Great Tradition (2017), long-time Anglo-American conservative champion and author Sir Roger Scruton [...]
Today’s offering in our Timeless Essay series affords our readers the opportunity to join Thomas Ascik as he considers three recent books that address the prospects for Christianity in modern American culture. —W. Winston Elliott III, Publisher In Mere Christianity (1952), the published version of his radio talks delivered in the early 1940’s, C. S. [...]
“Precedence,” as well as following or overturning precedents, is not limited to what is decided in new cases. It is also concerns the adherence to established principles of judicial jurisprudence. Without both kinds of precedence, there is no limit to the power of the judiciary... In the last installment of this survey of the judicial principle [...]
In the case of United States v. Windsor, the Supreme Court found that the Constitution required formal, legal, and constitutional recognition of homosexual marriage. And yet if the Court had followed its own precedents, it would have ruled that Edith Windsor lacked the legal standing to file her original lawsuit... In Lawrence v. Texas (2003), [...]
The Supreme Court apotheosized the right of privacy in its now-famous words: “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life”… Editor’s Note: This essay continues a discussion of the Supreme Court’s sexual “right of privacy” cases, [...]
Would the confirmation of Brett Kavanaugh have a profound impact on the jurisprudence of the Supreme Court? In other words, would his addition to the Court eventually have a broad and historic impact equal to that of Justice Anthony Kennedy himself? Responding to President Donald Trump’s nomination of federal appeals-court Judge Kavanaugh to the [...]
With the Supreme Court’s decision in Gill v. Whitford, the door is now open under the right political circumstances for state courts to take over political redistricting. And the constitutional changes will be permanent… In the Wisconsin political-gerrymandering case, Gill v. Whitford, decided by the Supreme Court last week, the Court avoided ruling on the substantive [...]
Though Masterpiece is a decision upholding religious liberty, the Supreme Court’s ruling makes it clear that free speech about homosexuality does not enjoy broad protections… In the first of two momentous cases on its docket as to whether some Americans can be left alone as dissenters from the punishing orthodoxies of the progressive society and [...]
In the case of the now-deceased toddler, Alfie Evans, the British government, through its Royal College of Pediatrics and its courts, had legal authority. Alfie had legal “interests,” which the government defined in his case, but he did not have any “rights.” Alfie’s parents only had a right to be heard; they had no substantive rights [...]
Patrick Deneen has entitled his book Why Liberalism Failed, but by his own analysis, he could have entitled it Why Liberalism Succeeded… Why Liberalism Failed by Patrick Deneen (248 pages, Yale University Press, 2018) In his comprehensive condemnation of three hundred years of modern liberalism, Patrick Deneen at one point speaks of “advanced liberalism,” [...]
By state law, the state of California is now forcing pregnancy-support centers, whose sole purpose for existence is to offer alternatives to abortion, to “conspicuously” notify pregnant women of where they can receive abortions. The centers have objected that the law violates the Free Speech Clause of the First Amendment by compelling them to [...]
In December, the Supreme Court decided not to hear a case that proposed to extend the Court’s sexual freedom cases to wife-swapping. In Coker v. Whittington, two sheriff’s deputies in Bossier Parish, Louisiana, and their wives agreed to swap spouses, and each deputy began living with the opposite deputy’s wife. Invoking his office’s code [...]
With a “clear, plain, and palpable” eagerness to seize control of the Pennsylvania congressional map in time for the 2018 mid-term elections, the Pennsylvania Supreme Court has gone beyond judicial activism and joined with the Democrats in their attempt to win control of the U.S. Congress. The details of how this came about and [...]