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February 18, 2019|Abraham Lincoln, Congress, Donald Trump, Executive Power, National Emergencies Act, Separation of Powers, Thomas Jefferson

Government by Emergency: Are Two Generations of Crisis Enough?

by Greg Weiner|3 Comments

shutterstock.com
The oldest emergency proclamation dates to the Carter Administration, 40 years ago. Two generations of crisis are enough.

February 18, 2019|Congress, Executive Power, INS v. Chadha, National Emergencies Act

The President’s Emergency Declaration Is the Congressional Check on Presidential Power

by James R. Rogers|3 Comments

President Donald Trump at a press conference in New York, New York on September 26, 2018 (Evan El-Amin/Shutterstock.com).
President Trump’s declaration of a national emergency is the check on executive prerogative, not the exercise of it.

January 29, 2019|Bill Clinton, Congress, Constitution, Donald Trump, institutional power, Nancy Pelosi, Newt Gingrich, Presidency

James Madison Won the Shutdown

by Greg Weiner|9 Comments

U.S. Capitol (Tono Balaguer/Shutterstock.com)
Partisan disputes come and go, but the encouraging development was institutional: the House of Representatives stared down the presidency and won.

January 10, 2019|Border Wall, Congress, National Emergencies Act, Nondelegation doctrine, President Trump

The Emergency Is Outcome-Based Constitutionalism

by Greg Weiner|16 Comments

A government with distributed authority has restrictions on its powers.

January 9, 2019|conflict, Congress, Joanne Freeman, Legislation, violence

Congress Has Forgotten How to Fight

by James Wallner|11 Comments

"Argument of the Chivalry," a depiction of Preston Brooks caning Charles Sumner. Everett Historical/Shutterstock.com. Library of Congress Prints and Photographs Division.
Joanne Freeman has written a brilliant book, but she misses something crucial: a collapse of political space, not acts of violence, caused the Civil War.

October 3, 2018|Congress, Elections, lame duck

Lame Ducks and Congressional Accountability

by James Wallner|3 Comments

The U.S. Capital at night (Anujak Jaimook / Shutterstock.com)
Instead of returning to the Capitol Hill after the people vote, members should complete their work before the election.

September 12, 2018|Administrative State, Ben Sasse, Congress, judicial confirmation

What Ben Sasse Got Right and Wrong at the Kavanaugh Hearings

by James R. Rogers|10 Comments

Senators Amy Klobachar (D-M.N.) and Ben Sasse (R-N.E.) speak during the confirmation hearing of Judge Brett Kavanaugh before the United States Senate Judiciary Committee, September 4, 2018 (Credit: Alex Edelman / ZUMA Wire / Alamy Live News).
It is a good thing a U.S. Senator raised the delegation issue in a high-visibility venue, but it should have a hearing of its own.

May 14, 2018|Congress, Filibuster, Senate

An Impotent Congress

by James Wallner|8 Comments

Capitol Hill, Washington DC
Instead of a deliberative process in which Senate members put forward competing ideas, party leaders stage-manage a rigged debate.

April 3, 2018|Abraham Lincoln, American National Character, Civil Religion, Congress, George Washington, Masterpiece Cakeshop v. Colorado Civil Rights Commission

Cultivating Virtuous Citizenship?: A Law and Liberty Symposium on American National Character

by Rogers Smith, Rick Santorum, W. B. Allen, Philip A. Wallach, Colleen Sheehan, Steven McGuire|1 Comment

Cheryl Casey/Adobe Stock Images
Politics requires fit characters, but can virtue be restored as a basis for liberty? Four contributors address this problem.

April 3, 2018|American National Character Project, Congress, energy, expertise, republican liberty, Self-Government

Self-Government Cannot Live while Congress is Moribund

by Philip A. Wallach|2 Comments

U.S. Capitol (zimmytws/shutterstock.com)
Until Congress restores itself to its proper place as a body worth of a free people, it will never rein in executive and judicial abuse.
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Book Reviews

A Compelling and Compassionate Book about Epilepsy

by Theodore Dalrymple

Our knowledge of the human brain is limited, but neuroscientist Suzanne O’Sullivan’s observation of her patients yields astute insights.

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Andrew Roberts Takes the Measure of the “Populist” Aristocrat, Churchill

by Joao Carlos Espada

Yes, there is something new to be learned about Winston Churchill, and it's in the new 1,105-page biography by Andrew Roberts.

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Liberty Classics

Bringing Natural Law to the Nations

by Samuel Gregg

If sovereign states ordered their domestic affairs in accordance with principles of natural law, the international sphere would benefit greatly.

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Belloc’s Humane Defense of Personhood and Property

by James Matthew Wilson

Perhaps the memory of that metaphysical right to property informs our fears, and could lead to a restoration of human flourishing.

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Podcasts

Born-Again Paganism: A Conversation with Steven Smith

A discussion with Steven D. Smith

Steven Smith talks with Richard Reinsch about his provocative thesis that a modern form of paganism is becoming public orthodoxy.

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"Slouching Towards Mar-a-Lago:" A Conversation with Andrew Bacevich

A discussion with Andrew J. Bacevich

Andrew Bacevich discusses his new book Twilight of the American Century

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Bureaucracy, Regulation, and the Unmanly Contempt for the Constitution

A discussion with John Marini

John Marini unmasks the century-long effort to undermine the Constitution's distribution of power.

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Beautiful Losers in American Politics: A Conversation with Nicole Mellow

A discussion with Nicole Mellow

Nicole Mellow on the beautiful losers in American politics who have redefined the country.

Read More

About

Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

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