Archives for September 2018

September 28, 2018|Environmentalism, First Reformed, Paul Schrader, Secularism, violence

Mainline Radical: On Schrader’s First Reformed

Ethan Hawke in First Reformed (Image: Accusoft, Inc.).

First Reformed shows that what follows old-time religion is less a secular paradise and more a nihilism that can only be saved by grace.

September 28, 2018|Griswold v. Connecticut, Originalism, Planned Parenthood v. Casey, Precedent

Originalist Rules of Precedent

by John O. McGinnis|5 Comments

ESB Professional/Shutterstock.com

Originalism helps maintain the norm that the Court should follow precedent when there are truly enormous costs of discarding it.

September 27, 2018|501(c)(3), Free Speech, Liberal Suppression, Philip Hamburger, Regan v. Taxation with Representation of Washington

Is Section 501(c)(3) a Form of Censorship?

by Mark Pulliam|10 Comments

stock.adobe.com

Philip Hamburger's Liberal Suppression is nothing if not ambitious, but is it persuasive?

September 26, 2018|Brett Kavanaugh, Carl Schmitt, Democracy, Liberalism, Partisanship

Are We Living in Carl Schmitt’s America?

by Brian A. Smith|9 Comments

Protestors dressed as "Handmaidens" line the hallway near Judge Brett Kavanaugh's nomination hearing to become the next Associate Supreme Court Justice, September 3, 2018 (Patsy Lynch/MediaPunch/Alamy Stock Photos).

We should be mindful of what is lost when a politics of enmity becomes our way of life.

September 26, 2018|Adrian Pabst, alienation, Charles Sellers, division of labor, Industrial Revolution, John Milbank, Karl Polyani, specialization

Markets Aren’t the Cause of Alienation—Blame the Division of Labor

by James R. Rogers|3 Comments

Image credit: nd3000/Adobe Stock Images.

Modern levels of the division and specialization of labor cannot be “solved” without inconceivably huge economic and social dislocations.

September 26, 2018|Amanda Tyler, habeas corpus, Nonoriginalism, Originalism

Amanda Tyler and the Original Meaning of the Habeas Corpus Suspension Clause

by Mike Rappaport|3 Comments

Image credit: aerogondo2/shutterstock.com.

Nonoriginalism does not necessarily protect rights better than the alternatives: Amanda Tyler's new book on habeas corpus in wartime offers a corrective.

September 25, 2018|Christine Brasley Ford, Constitutional Law, Egalitarianism, gender, Judge Brett Kavanaugh, Progressives, Whittaker Chambers

For Judge Kavanaugh, It Must Be V For Victory

by Richard M. Reinsch II|20 Comments

WASHINGTON, DC: Supreme Court nominee Judge Brett Kavanaugh testifies before the Senate Judiciary Committee. (Photo by Chip Somodevilla/Getty Images)

If Kavanaugh’s nomination fails, then we enter the process of interminable regime decay.

September 25, 2018|Austrian Economics, Eric Voegelin, F.A. Hayek, George Gilder, Gnosis, Ludwig von Mises

Understanding Homo Economicus in Deeper Terms

by Garreth Bloor|3 Comments

Writer and economist George Gilder

What the state-oriented economists and the market-oriented economists might both be underestimating: ideas, attitudes, moral codes, and mental disciplines.

September 25, 2018|James Madison, republican government, Socrates, Thomas Jefferson