Neo-Conservatism and Corruption at Adelphi University, 1985-1997
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The Public Eye, Fall 2002
TheA PUBLICATION OF POLITICAL PublicEyeRESEARCH ASSOCIATES FALL 2002 • Volume XVI, No. 3 The Right Family Values The Christian Right’s “Defense of Marriage:” unpopular beliefs. Despite the First Amendment’s prohi- Democratic Rhetoric, Antidemocratic Politics bition against the establishment of religion by government, Christian conservatives By R. Claire Snyder cans oppose. While conservative Americans and their supporters often insist that Amer- are free to practice their beliefs and live their ica is really a “Christian nation.” They Introduction1 personal lives however they choose, the argue that the American founders believed government of the United States cannot he United States was founded as a that democratic political institutions would legitimately let those beliefs violate the “liberal democracy,” in which a secu- only work if grounded in religious mores T human rights of others in society. Similarly, lar government acts to protect the civil within civil society, emphasizing a comment it cannot generate public policy supporting rights and liberties of individuals rather made by John Adams: “Our Constitution a particular religious worldview or deny legal than imposing a particular vision of the was made only for a moral and religious peo- equality to certain groups of citizens. “good life” on its citizens. Equality before ple. It is wholly inadequate to the govern- the law constitutes one of the most funda- ment of any other.”9 William Bennett has mental principles of liberal democracy, as Liberal Democracy or Christian Nation? contributed greatly to this right-wing proj- does freedom from State-imposed religion. ect of revisionist historiography with the iberal political theory constitutes the These principles, enshrined in our found- publication of Our Sacred Honor: Words of ing documents, have become an almost Lmost important founding tradition of 5 Advice from the Founders, a volume that cat- universally accepted norm in U.S. -
Tradition and Morality in Constitutional Law
The Francis Boyer Lectures on Public Policy TRADITION AND MORALITY IN CONSTITUTIONAL LAW Robert H. Bork American Enterprise lnstitute for Public Policy Research TRADITION AND MORALITY IN CONSTITUTIONAL LAW The Francis Boyer Lectures on Public Policy TRADITION AND MORALITY IN CONSTITUTIONAL LAW Robert H. Bork American Enterprise Institute for Public Policy Research ISBN 0-8447-1370-8 Library of Congress Catalog Card Number 84-62693 @1934 by the American Enterprise Institute for Public Policy Research, Washington, D.C., and London. All rights reserved. No part of this publication may be used or reproduced in any manner whatsoever with· out permission in writing from the American Enterprise Insti tu te except in the case of brief quotations embodied in news articles, critical articles, or reviews. The views expressed m the publications of the American Enterprise Institute are those of the authors and do not necessarily reflect the views of the staff, advisory panels, officers, or trustees of AEI. "American Enterprise Institute" and @) are registered service marks of the American Enterprise Institute for Public Policy Research. Printed in the United States of America American Enterprise Institute 1150 Seventeenth Street, N. W, Washington, D. C. 20036 THE FRANCIS BOYER LECTURES ON PUBLIC POLICY The American Enterprise Institute has initiated the Francis Boyer Lectures on Public Policy to examine the relationship between business and government and to develop contexts for their creative interaction. These lectures have been made possible by an endowment from the SmithKline Beck man Corporation in memory of Mr. Boyer, the late chairman of the board of the corporation. The lecture is given by an eminent thinker who has developed notable insights on one or more aspects of the relationship between the nation's private and public sectors. -
Disarming the Confirmation Process
Cleveland State Law Review Volume 50 Issue 4 Article 3 2003 Disarming the Confirmation Process Michael M. Gallagher Law Clerk, United States District Court, Eastern District of Texas Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Constitutional Law Commons, and the Judges Commons How does access to this work benefit ou?y Let us know! Recommended Citation Michael M. Gallagher, Disarming the Confirmation Process, 50 Clev. St. L. Rev. 513 (2002-2003) This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. DISARMING THE CONFIRMATION PROCESS MICHAEL M. GALLAGHER1 I. INTRODUCTION .................................................................... 515 II. BACKGROUND...................................................................... 520 A. The Constitutional Meaning of “Advice and Consent”................................................. 520 B. A [More Recent] History of the Confirmation Process ............................................ 522 1. The Bork Nomination........................................... 524 2. President George H.W. Bush................................ 526 3. President Bill Clinton ........................................... 526 4. President George W. Bush ................................... 529 a. Defining the Rules of the Game ...................................................... -
Bloody Crossroads African-Americans and the Bork Nomination: a Bibliographic Essay J
Howard University Digital Howard @ Howard University Selected Speeches J. Clay Smith, Jr. Collection 1-11-1992 Bloody Crossroads African-Americans and The Bork Nomination: A Bibliographic Essay J. Clay Smith Jr. Follow this and additional works at: http://dh.howard.edu/jcs_speeches Part of the Constitutional Law Commons Recommended Citation Smith, J. Clay Jr., "Bloody Crossroads African-Americans and The Bork ominN ation: A Bibliographic Essay" (1992). Selected Speeches. Paper 151. http://dh.howard.edu/jcs_speeches/151 This Article is brought to you for free and open access by the J. Clay Smith, Jr. Collection at Digital Howard @ Howard University. It has been accepted for inclusion in Selected Speeches by an authorized administrator of Digital Howard @ Howard University. For more information, please contact [email protected]. 173 "Bloody Crossroads" AFRICAN-AMERICANS and the BORK NOMINATION: A BIBLIOGRAPHIC ESSAY J. Clay Smith, Jr.* Two diverging traditions in the mainstream of Western political thought-one "liberal," the other "conservative"-have competed, and still_ compete, for control of the democratic process and of the American constitutional system; both have controlled the direction of our judicial policy at one time or another. - Alexander M. Bicke11 The clash over my nomination was simply one battle in-this long-running war for control of our legal culture. - Robert H. Bork2 On July 1, 1987 President Ronald Reagan announced his nomination of Judge Robert H. Bork to succeed Justice Lewis Powell * Professor of Law, Howard University School of Law. Alexander M. Bickel, The Morality Of Consent 3 (1975), hereafter, Morality Of Consent. 2 Robert H. Bork, The Tempting of America The Political Seduction of the Law 2 (1990), hereafter, Tempting of America. -
Conservatism and Pragmatism in Law, Politics and Ethics
TOWARDS PRAGMATIC CONSERVATISM: A REVIEW OF SETH VANNATTA’S CONSERVATISM AND PRAGMATISM IN LAW, POLITICS, AND ETHICS Allen Mendenhall* At some point all writers come across a book they wish they had written. Several such books line my bookcases; the latest of which is Seth Vannatta’s Conservativism and Pragmatism in Law, Politics, and Ethics.1 The two words conservatism and pragmatism circulate widely and with apparent ease, as if their import were immediately clear and uncontroversial. But if you press strangers for concise definitions, you will likely find that the signification of these words differs from person to person.2 Maybe it’s not just that people are unwilling to update their understanding of conservatism and pragmatism—maybe it’s that they cling passionately to their understanding (or misunderstanding), fearing that their operative paradigms and working notions of 20th century history and philosophy will collapse if conservatism and pragmatism differ from some developed expectation or ingrained supposition. I began to immerse myself in pragmatism in graduate school when I discovered that its central tenets aligned rather cleanly with those of Edmund Burke, David Hume, F. A. Hayek, Michael Oakeshott, and Russell Kirk, men widely considered to be on the right end of the political spectrum even if their ideas diverge in key areas.3 In fact, I came to believe that pragmatism reconciled these thinkers, that whatever their marked intellectual differences, these men believed certain things that could be synthesized and organized in terms of pragmatism.4 I reached this conclusion from the same premise adopted by Vannatta: “Conservatism and pragmatism[] . -
Notes and Sources for Evil Geniuses: the Unmaking of America: a Recent History
Notes and Sources for Evil Geniuses: The Unmaking of America: A Recent History Introduction xiv “If infectious greed is the virus” Kurt Andersen, “City of Schemes,” The New York Times, Oct. 6, 2002. xvi “run of pedal-to-the-medal hypercapitalism” Kurt Andersen, “American Roulette,” New York, December 22, 2006. xx “People of the same trade” Adam Smith, The Wealth of Nations, ed. Andrew Skinner, 1776 (London: Penguin, 1999) Book I, Chapter X. Chapter 1 4 “The discovery of America offered” Alexis de Tocqueville, Democracy In America, trans. Arthur Goldhammer (New York: Library of America, 2012), Book One, Introductory Chapter. 4 “A new science of politics” Tocqueville, Democracy In America, Book One, Introductory Chapter. 4 “The inhabitants of the United States” Tocqueville, Democracy In America, Book One, Chapter XVIII. 5 “there was virtually no economic growth” Robert J Gordon. “Is US economic growth over? Faltering innovation confronts the six headwinds.” Policy Insight No. 63. Centre for Economic Policy Research, September, 2012. --Thomas Piketty, “World Growth from the Antiquity (growth rate per period),” Quandl. 6 each citizen’s share of the economy Richard H. Steckel, “A History of the Standard of Living in the United States,” in EH.net (Economic History Association, 2020). --Andrew McAfee and Erik Brynjolfsson, The Second Machine Age: Work, Progress, and Prosperity in a Time of Brilliant Technologies (New York: W.W. Norton, 2016), p. 98. 6 “Constant revolutionizing of production” Friedrich Engels and Karl Marx, Manifesto of the Communist Party (Moscow: Progress Publishers, 1969), Chapter I. 7 from the early 1840s to 1860 Tomas Nonnenmacher, “History of the U.S. -
WHAT ROBERT BORK WILL MEAN for the SUPREME COURT and AMERICAN JUSTICE by Jamie Raskin, Senior Fellow, People for the American Way
BORKING AMERICA WHAT ROBERT BORK WILL MEAN FOR THE SUPREME COURT AND AMERICAN JUSTICE By Jamie Raskin, Senior Fellow, People For The American Way photo courtesy of Gage Skidmore The key thing I think the president is going to do... It’s going to be appointing Supreme Court and Justices throughout the judicial system. As many as half the Justices in the next four years are going to be appointed by the next president. -Mitt Romney photo courtesy of Gage Skidmore YES, AMERICA, ROBERT BORK IS BACK Many presidents leave their most enduring legacy to the nation Romney is also presumably trusting that, ever since Bork resigned in the Justices that they name to the Supreme Court and the from the United States Court of Appeals for the District of federal judges that they put on the bench. So what inspired Columbia Circuit to launch a career as a conservative polemicist former Massachusetts governor Mitt Romney to name former with the American Enterprise Institute,1 most of the public has judge Robert Bork to co-chair his presidential campaign advisory tuned out his increasingly bitter diatribes against the “feminized”2 committee on law, the Constitution and the judiciary? Supreme Court and his embarrassing tirades against “American cultural decline,” and the social “rot and decadence” of our country. Surely Governor Romney meant to persuade activists on the Religious Right and in the Tea Party that he is ready to do battle- But Romney’s elevation of Bork to advise him on the kinds -not just to entrench the Corporate Court that rules today, but to of judges who should serve on the Supreme Court and the nominate people to the bench who will dismantle what remains federal bench spells serious trouble for the American people. -
Antonin Scalia*
ANTONIN SCALIA* I was a friend of Bob Bork’s for many years. I worked with him, under Attorney General Edward Levi, in Gerald Ford’s Justice Department, where he was Solicitor General and I was Assistant Attorney General for the Office of Legal Counsel. Our other colleagues included Carla Hills and, later, Rex Lee as heads of the Civil Division, Richard Thornburgh as head of the Criminal Division, and Stanley Pottinger as head of the Civil Rights Division—a distinguished group, but none more distin‐ guished than Bork. Later, I worked with Bob as a colleague on the United States Court of Appeals for the District of Columbia Circuit, where I very much liked the high diet of administrative law cases, and he not so much (I always thought he should have accepted the Administration’s earlier offer to nominate him for the Second Circuit, where his interests in antitrust and business law would have had fuller play). Robert Bork was a rare combination of integrity and intellec‐ tual brilliance. And it was both of those qualities that led to the regrettable rejection of his nomination to the Supreme Court. His integrity caused him, as the ranking officer at the Depart‐ ment of Justice after the resignations of the Attorney General and Deputy Attorney General, to execute President Nixon’s directive to fire Archibald Cox. As he explained it, the Presi‐ dent had the lawful authority to fire Cox (who had no inde‐ pendent status protected by law, as later Independent Counsels had); and while it was appropriate for some of the President’s appointees to register their disagreement with that action by resigning, it was not appropriate, or, indeed, compatible with the Constitution, for all presidential appointees to denude the Justice Department of leadership, thereby frustrating lawful presidential action. -
CHELSEA RECORD Thursday, March 4, 2021
YOUR HOMETOWN NEWSPAPER SINCE 1890 VOLUME 120, No. 49 THURSDAY, MARCH 4, 2021 35 CENTS APPRECIATION Long-time School Committee member Liz McBride dies at 100 By Cary Shuman Mrs. Elizabeth “Liz” McBride, who served on the Chelsea School Com- mittee for many years and was a member of the Chelsea Kiwanis Club, died on March 1. She was 100 years old. McBride was a beloved public figure and attended numerous events hosted by local organizations and Elizabeth “Liz” McBride. was warmly welcomed by all. She had incredible en- Looking out over Chelsea from the height of the clocks on the City Hall Tower, one can see Boston and beyond. The vista ergy and spread her good- from the tower is incredible, and this rare view is courtesy of the full restoration of the tower that has started and should will efforts throughout the be completed by June. dren, and passionate about community. bicycle safety – she was a Mrs. McBride was a pi- great woman and we will Officials begin restoration of City Hall Tower, dome oneer in the local Kiwanis miss her terribly.” Club, becoming its first Ramirez said the mem- By Seth Daniel righting the clock and become expensive and here, we’ve re-done that female member. Kiwanis bers will be paying trib- even applying a new lay- disruptive. The tower sits roof four times. That was President Sylvia Ramirez ute to Mrs. McBride at While a lot of Chelsea er of gilding to the Hall’s right above the Council’s the driving force of this lauded Mrs. -
The Weekly Standard…Don’T Settle for Less
“THE ORACLE OF AMERICAN POLITICS” — Wolf Blitzer, CNN …don’t settle for less. POSITIONING STATEMENT The Weekly Standard…don’t settle for less. Through original reporting and prose known for its boldness and wit, The Weekly Standard and weeklystandard.com serve an audience of more than 3.2 million readers each month. First-rate writers compose timely articles and features on politics and elections, defense and foreign policy, domestic policy and the courts, books, art and culture. Readers whose primary common interests are the political developments of the day value the critical thinking, rigorous thought, challenging ideas and compelling solutions presented in The Weekly Standard print and online. …don’t settle for less. EDITORIAL: CONTENT PROFILE The Weekly Standard: an informed perspective on news and issues. 18% Defense and 24% Foreign Policy Books and Arts 30% Politics and 28% Elections Domestic Policy and the Courts The value to The Weekly Standard reader is the sum of the parts, the interesting mix of content, the variety of topics, type of writers and topics covered. There is such a breadth of content from topical pieces to cultural commentary. Bill Kristol, Editor …don’t settle for less. EDITORIAL: WRITERS Who writes matters: outstanding political writers with a compelling point of view. William Kristol, Editor Supreme Court and the White House for the Star before moving to the Baltimore Sun, where he was the national In 1995, together with Fred Barnes and political correspondent. From 1985 to 1995, he was John Podhoretz, William Kristol founded a senior editor and White House correspondent for The new magazine of politics and culture New Republic. -
The Unjudiciousness of Originalism – a Cover for Reactionary Bias from the Bench
The Unjudiciousness of Originalism – A Cover for Reactionary Bias from the Bench With the impending confirmation of Amy Coney Barrett, another self-described “originalist” to the Supreme Court, many of us, all too belatedly, I confess, are trying to get a clear vision of what this judicial philosophy really is all about. Most famously championed by the late Supreme Court justice Antonin Scalia, whom Barrett characterizes as her mentor, originalism is also claimed to be the legal philosophy of Supreme Court justices Clarence Thomas, Neil Gorsuch, Samuel Alito, John Roberts, and Brett Kavanaugh. To qualify this list, Justice Roberts admits only to a softer version of the philosophy, one which allows for consideration of subsequent reflection on a matter, while Kavanaugh has confessed only to being a “textualist”, while being widely considered by others to being in the originalism fold. Originalism as an explicit judicial philosophy is often traced back to Judge Robert Bork, who in the early seventies introduced it as a set of “neutral principles”. Since then, originalism is almost always associated with contemporary political conservative ideology and especially with members and supporters of the Federalist Society, which was formed by conservatives and libertarians in 1982 to promote originalism and associated legal philosophies. In recent years, more and more judges of this ideological bent have been appointed to the federal bench, and it is incumbent on us to come to grips with what it is all about. For too long, judges have taken cover behind this philosophy and shielded themselves from the discontent and suspicion of those they purportedly serve on the insinuated grounds that originalism is a legal theory and as such its proper evaluation is a matter of expert professional judgment by those in the field, beyond the ken of the people at large. -
John Silber: Doing Well Doing Neocon Good
I (or perhaps a Givotian stooge entrepreneur, he realizes before If luck is with us, these charges such as Steve Dasbach, post- the other that the Party’s over, will serve as a successful pre- man from Indiana) will run for th<atthe members and donors emptive strike against a Silber national chair, preparatory for hawe been picked clean, and redux in Massachusetts politics. a drive for Nancy Lord for that the time has come to follow In the first place, unlike most President in ’96. (Only in the the Indian hustler Russell academics, Silber has been Libertarian Party does a rotten Means into other and greener making out like a bandit at BU, race by a presidential ticket pastures. Maybe some day the although, as the New York Times automatically set up the failed rest of the party will absorb the (Feb. 9) coyly adds, the ”news Vice-president for a promotion same lesson. articles have produced no clear four years hence.) The opposi- evidence of illegality by Dr. tion will coalesce either around Silber.” Thus, Silber earned a Mary Gingell for reelection, or total in 1991 of $414,715 in for one of her henchpeople to salary and bonuses from this succeed her. Other factions may John Silber: nonprofit institution of higher well surface. A combination of Doing Well Doing learning. And that’s only the ideological split and personal cash payout, For over the years, enmity should set up condi- Neocon Good BU has granted him $638,000 in tions for a doozy of a schism By ”loans” at little or no interest, after Salt Lake, with the losers M.N.R.