Philip Hamburger

October 29, 2019|Dred Scott v. Sandford, Lon Fuller, Natural Law, Natural Rights, Originalism, Philip Hamburger, Russell Kirk

Originalism Is Beside the Point

by Bruce P. Frohnen|17 Comments

US Supreme Court (shutterstock.com)

Most lawyers today seem to believe that they must make new law because the one they inherited was in fact fundamentally unjust.

July 17, 2019|501(c)(3), Free Speech, John Rawls, Know-Nothings, Ku Klux Klan, Liberal Suppression, Liberalism, Philip Hamburger, Progressivism, Religious Freedom

Liberalism as Armed Doctrine: A Conversation with Philip Hamburger

by Philip Hamburger|17 Comments

Philip Hamburger joins us to discuss his new book Liberal Suppression

May 16, 2019|Everson v. Board of Education, First Amendment, Philip Hamburger, Separation of Church and State, Steven K. Green, The Third Disestablishment

A Strict Separationist Speaks

by Mark David Hall|46 Comments

Separationism's decline began some 40 years ago, in response to ecumenicalism, social welfare legislation, and the rehabilitation of the Catholic Church.

October 2, 2018|501(c)(3), Catholic Church, Free Speech, Liberal Suppression, Liberalism, Nativism, Philip Hamburger

Section 501(c)(3)’s Legacy of Prejudice: Mark Pulliam Sees No Evil

by Philip Hamburger|12 Comments

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Mark Pulliam misunderstands the antagonisms that underlay section 501(c)(3) and still undergird a host of other speech restrictions.

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

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

September 12, 2018|A.L.A. Schechter Poultry Corp. v. United States, Chevron deference, Chevron v. Natural Resources Defense Council, Clarence Thomas, FCC v. Pottsville Broadcasting Co., Felix Frankfurter, Michael McConnell, Mike Lee, Panama Refining Co. v. Ryan, Philip Hamburger

Dismantling the Administrative State

by Mark Pulliam|21 Comments

Gino Santa Mario/Adobe Stock Images

Peter J. Wallison's Judicial Fortitude offers a brief and accessible introduction to the struggle to control the administrative state.

July 8, 2018|Administrative State, EEOC, IRS, Judge Raymond Kethledge, New Civil Liberties Alliance, Originalism, Philip Hamburger, Tea Party

Judge Kethledge Is the Best Choice to Curtail the Administrative State

by Matthew Downer|4 Comments

Judge Raymond M. Kethledge (by Abdul El-Tayef/WPPI)

Judge Kethledge has built an outstanding record of curtailing administrative state power.

March 22, 2017|Benjamin Franklin, Medicaid, Obamacare, Philip Hamburger

How about a Liberal Option – And It Could Be Done Through Reconciliation

by Richard Samuelson|11 Comments

Could the market help us solve our healthcare problems? Market economists and theorists say of course it could; big government/Progressive types say no. Let’s find out. As Franklin said when discussing his famous Kite, “let the experiment be made.” When the Obama administration was debating just how heavily to regulate America’s healthcare system, many on the Left wanted a truly government-run health insurance scheme, or “public option.” As Progressives’ default assumption is that government programs work better than the alternatives, they believed a “public option” would demonstrate the wisdom of turning to fully socialized medicine in the United States. Average Americans reacted sensibly:…

October 12, 2016|John Inazu, Natural Rights, Philip Hamburger, Religious Liberty, Vincent Phillip Munoz

How Rights Are Like Taffy

by Marc DeGirolami|17 Comments

A statue of Thomas Jefferson includes this figure holding a tablet bearing several names that different belief systems have for a higher power, titled “Religious Freedom, 1786.”

Over at the Law and Religion Forum, we are hosting an online symposium on a very interesting article by Professor Vincent Phillip Muñoz, “Two Concepts of Religious Liberty: The Natural Rights and Moral Autonomy Approaches to the Free Exercise of Religion.” Muñoz’s basic claim is a historical one about the nature of the Founders’ constitutional commitment to religious freedom: They supported a narrow, but powerful, right of religious free exercise that protected fairly absolutely what were thought to be certain core features of religiosity—such as worship—but that did not protect the panoply of religious “interests” that might be dear to any given constituency.

September 9, 2015|Administrative State, APA, Edward Coke, Philip Hamburger, Prerogative, Rule of Law, Separation of Powers

Administrative Law in Turmoil: New Coke Causes Indigestion

by Michael S. Greve|7 Comments

Sir Edward Coke

Harvard Law School’s dynamic AdLaw duo (Cass R. Sunstein and Adrian Vermeule) has struck again. In The New Coke: On the Plural Aims of Administrative Law the authors take aim at the insurgent fundamental assault on the legitimacy of the administrative state, under the banner of “the separation of powers.” The challenge is playing a growing role in separate [Supreme Court] opinions, and on occasion, it finds its way into majority opinions as well. Justice Clarence Thomas is the principal advocate, but he has been joined, on prominent occasions, by Justice Antonin Scalia and sometimes by Justices Samuel Alito and Chief…