While the hallowed doctrine of stare decisis—the rule that judges are bound to respect precedent—certainly applies to the lower courts, Supreme Court justices owe fidelity to the Constitution alone, and if their predecessors have construed it erroneously, today’s justices must say so and overturn their decisions.
It is a consistent characteristic of this country that we have always sought to rise above or move beyond the conditions that are given to us at birth—something not true of every people. To be an American is to believe that the status we are born into is never the final word. We have a spirit of striving, a spirit of hope that goes back to our very beginnings.
The measure of our fundamental law is not whether it actualizes the general will—that was the point of the French Revolution, not the American. The measure of our Constitution is whether it is effective at encouraging just, stable, and free government—government that protects the rights of its citizens.
We go to great lengths to recover fallen comrades, we honor them in the most precise and exacting ceremonies, we set aside national holidays to remember and celebrate them. We do these things for them, of course, but also for us, the living. Their stories of heroism, of sacrifice, and of patriotism remind us of what is best in ourselves, and they teach our children what is best in America.
To understand a political scandal fully, one must take into account all of the interests of those involved. The problem is that these interests are rarely revealed—which is precisely why it is so tempting for partisans, particularly if they are at a political disadvantage, to resort to scandal to attack their opponents.
Welcome to the new Orwellian world where censorship is free speech and we respect the past by attempting to elide it.
Almost everything you think you know about the health effects of cannabis, almost everything advocates and the media have told you for a generation, is wrong.
From this history we learn that it is not the nation-state, but the kinds of nation-states that matter. From the birth of political philosophy in ancient Athens, it has been understood in the West that the difference between good and bad regimes, just as between lives lived well and lives lived badly, is all-important.
Economists since Adam Smith have taught us that in a competitive economy, the pursuit of private interests leads to the best possible outcome for everybody. But notice the qualifier: for this arrangement to work, there must be competition.
I fear America may be leaving the world of normal politics and entering the dangerous world of regime politics—a politics in which our political loyalties diverge more and more, as they did in the 1850s, between two contrary visions of the country.