Law & Liberty

Serious discussion and commentary on law, politics, and culture in the classical liberal tradition.

Curated newsletters and daily updates: http://buff.ly/36SrUYo Law & Liberty’s focus is on law and political thought in the classical liberal tradition.

08/18/2024

Where is the wall of separation between direct and indirect taxes?

Consider with Donald Drakeman.

Constitutional conflict over direct taxes arose because key words, such as “excise,” had different meanings in different parts of the country.

08/16/2024

“Any case for parenthood that does not involve purpose and vocation is really no case at all.”

Elizabeth Grace Matthew reviews “What Are Children For?”

Apparently, left-leaning young people need reassurance that it's okay to get married and start a family.

08/16/2024

Gore Vidal’s The Best Man depicts the sturm und drang of a political convention, in which all politicians have feet of clay.

More from Mark L. Movsesian:

Gore Vidal’s The Best Man depicts the sturm und drang of a political convention, in which all politicians have feet of clay.

08/15/2024

Some critiques of contemporary liberalism are worth our consideration, but those rooted in antisemitism, conspiracism, and authoritarianism are not, explains contributing editor James M. Patterson in a new essay.

Some critiques of contemporary liberalism are worth our consideration, but those rooted in antisemitism, conspiracism, and authoritarianism are not.

08/14/2024

“Kirshner agrees that the term ‘national interest’ is very malleable and not always clear. This is why classical realists give attention to far more subjective phenomena than neorealists.”

Tony Spanakos reviews Jonathan Kirshner’s “An Unwritten Future.”

Nullification emerged from the fact that neither the federal nor the state governments are sovereign. The people of the states are sovereign.

08/14/2024

Tom Woods joins our August nullification forum: https://lawliberty.org/forum/america-the-compact/

08/12/2024

Donald L. Drakeman responds to Robert G. Natelson on the constitutional conflict over direct taxes: https://lawliberty.org/where-is-the-wall-of-separation-between-direct-and-indirect-taxes/

08/09/2024

“It is reasonable to interpret the muddled thinking across the Anglosphere, pertaining to the liberty of lawful speech, as the chief symptom of an Age of Confusion.”

Matt Beech in a new essay:

Changes in language are not innocuous when the truth itself is at stake.

08/09/2024

In his new book, Jeremy Carl rightly warns about the rise of new kinds of racial bigotry and helps us see how America can move on to new conversations.

More from Wilfred Reilly:

In his new book, Jeremy Carl rightly warns about the rise of new kinds of racial bigotry and helps us see how America can move on to new conversations.

08/09/2024

“[This country] is us. It belongs to us, and ultimately the problems that it has are our problems. The strengths that it has are our strengths. That habit is absolutely vital for American citizenship.”

Yuval Levin joins the Law & Liberty Podcast.

Yuval Levin joins the Law & Liberty Podcast to talk about the Constitution, conflict, and his new book, American Covenant.

08/08/2024

“As the impact of the New Deal constitutional revolution reveals, even the attempt at court alteration can have radical effects on the substance of constitutional law.”

Court reform that specifically aims to influence the outcomes of cases is a major threat to the separation of powers.

08/08/2024

The foundation of Labour’s decisive victory in the latest British election may not be as sound as it looks on an electoral map, and politics in the UK are shifting with the rise of sectarianism.

More from senior writer Helen Dale in a new essay: https://lawliberty.org/the-new-sectarianism/

08/08/2024

“Religious freedom represents a rationale for principled limitations and checks on government power.”

Citizens must always remember that the state’s legitimacy derives from something beyond itself.

08/08/2024

James R. Stoner reviews Graham McAleer’s “The Wisdom of Our Ancestors”: https://lawliberty.org/book-review/searching-for-a-conservative-camino/

08/08/2024

Ray Kurzweil’s 2005 book “The Singularity is Near” made some key predictions about our AI future. How did they stack up to reality, and what can we learn from his latest book, “The Singularity is Nearer”?

Explore with contributing editor John O. McGinnis:

As Ray Kurzweil argues in his new book, AI technology holds immense promise for the future of the human race. It also poses significant dangers.

08/08/2024

Constitutional tensions, new sectarianism, and more from this week.

Read our latest From the Editors newsletter for today’s top commentary and discussion, and subscribe so you never miss another Thursday issue: https://mailchi.mp/libertyfund/constitutional-tensions-new-sectarianism-and-more-from-this-week

08/07/2024

“One need not endorse nullification to recognize a serious problem with relying only on the federal government to protect the reserved authority of states.”

Editor John Grove joins our August forum:

One need not endorse nullification to recognize a serious problem with relying only on the federal government to protect the reserved authority of states.

08/07/2024

The recent UK election holds more than meets the eye, as evidenced by the unrest we see today.

Senior writer Helen Dale on the new sectarianism:

Women and the "wrong sort of Muslims" were the primary targets of harassment and intimidation in the recent British elections.

08/06/2024

The days of dividing neatly between culture war distractions and more significant economic and political issues have long passed. Did they ever exist? How did we get here?

Consider with Russell Greene:

Central planning can never address the roots of progressive extremism—only a recovery of constitutional order, and a flourishing civil society can.

08/06/2024

Do Large Language Models refute Ludwig von Mises' famous anti-socialist critique?

Consider with David P. Goldman:

Do Large Language Models refute Ludwig von Mises' famous anti-socialist critique?

08/06/2024

Russell Greene explores institutional capture by progressive extremists in his review of “The Third Awokening”: https://lawliberty.org/book-review/equal-rights-not-equity/

08/05/2024

Ross Carroll’s new introduction to Edmund Burke’s political thought examines the man of letters and the man of action.

More from Max Skjönsberg: https://lawliberty.org/book-review/the-many-sides-of-burke/

08/05/2024

Can the Constitution provide the kind of unity we seek in a time of partisanship and dissension? Yes and no, argues American Enterprise Institute Senior Fellow and author Yuval Levin in his new book, American Covenant.

He joined the Law & Liberty Podcast to discuss. Listen now:

Yuval Levin joins the Law & Liberty Podcast to talk about the Constitution, conflict, and his new book, American Covenant.

08/02/2024

Michael Rushton’s new book considers: What is the moral justification for arts funding?

Read more with Robert Steven Mack: https://lawliberty.org/book-review/can-classical-liberals-support-public-arts-funding/

08/01/2024

“It doesn’t matter if teachers don’t vibe with the explicit, sequenced nature of phonics instruction. It works.”

Daniel Buck in a new essay:

It turns out there are reasons for things like tests, lectures, and school rules.

08/01/2024

Many Americans are looking for any possible way to push back against centralized authority.

Nullification is not the way to do it, explains Mark Pulliam in our latest forum.

Many Americans are looking for any possible way to push back against centralized, often illegitimate authority. Nullification is not the way to do it.

07/31/2024

Competition between the United States and China is eerily similar to the origins of World War I. Can policymakers in 2024 learn from 1914 and prevent war?

Our first article from Eamonn Bellin on the resounding echos of WW1

Competition between the United States and China is eerily similar to the origins of World War I. Can policymakers in 2024 learn from 1914 and prevent war?

07/31/2024

"What changed in 1974 wasn’t that journalists stopped serving the interests of power... they realized that appearing to stand against entrenched interests was a wonderful way to aggrandize themselves, even as they continued to align themselves with power."

As the impending Chevron reckoning shows, journalists have distorted the way citizens think about the Court, the Constitution, and political power.

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Videos

Constitutional rights cases are now often intertwined with the administrative state. The Supreme Court's decisions on issues like gun licensing and free speech illustrate this growing focus. James Patterson, John Mc Ginnis, and American Enterprise Institute ’s Adam White discuss in our latest podcast!

Without realizing it, we started playing out our lives on a stage with the rise of the Internet. Graham Linehan takes us into the grave consequences of this in a new episode of Liberty Law Talk: https://lawliberty.org/podcast/a-sick-joke/

How did Thomas Jefferson’s home at Monticello pass out of the hands of the Jefferson family, and what happened to it in the following decades? Frank Cogliano joined Rebecca Burgess on Liberty Law Talk to discuss. https://lawliberty.org/podcast/jeffersons-essay-in-architecture/

On the latest episode of Liberty Law Talk, Avik Roy joins host James M. Patterson to discuss the Freedom Conservatism “Statement of Principles” and the need for a revival of some of America’s oldest intellectual traditions: https://lawliberty.org/podcast/toward-a-conservatism-of-freedom/

How do teleocratic and nomocratic ideas play out in contemporary conservatism, and what do these ideas have to do with the story of conservatism? Explore with Johnathan O’Neill on Liberty Law Talk.

The post-9/11 era came with a realignment in political order but also plenty of political confusion. On Liberty Law Talk with managing editor John Grove, guest Johnathan O'Neill differentiates Straussians and neoconservatives in the Bush era. https://lawliberty.org/podcast/the-conservative-encounter-with-leviathan/

Moderns believe there is a way to circumvent the fragility of political order to create a new, lasting reality—but, as Jakub Grygiel explains on Liberty Law Talk, the classics understood that political order is never lasting and must be a constant effort. https://lawliberty.org/podcast/classic-caution-for-modern-strategy/

John F. Kennedy’s "larger than life" personality permeated through to his presidency, tracking with FDR, Woodrow Wilson, and others before him who promised Americans the world. On Liberty Law Talk, Stephen F. Knott explains why this is a blemish on his legacy. https://lawliberty.org/podcast/the-kennedy-moment/

William Inboden joins Rebeccas Burgess on Liberty Law Talk to discuss his new book, post 9/11 foreign policy, and the transition of power between George W. Bush and Barack Obama. https://pulse.ly/2fdwhnidl7

In the latest episode of Liberty Law Talk, Common Sense Society ’s Joshua Mitchell explains the mythos of liberalism, and how it has played out on both the left and the right. https://lawliberty.org/podcast/tocqueville-in-hypermodernity/

How many view democracy and each chamber of Congress today strays from the initial intent of each: preserving liberty and balancing the voices that make up our government. Gordon S. Wood recently explained on Liberty Law Talk with host and editor Brian Smith. https://lawliberty.org/podcast/inventing-american-constitutionalism/

We understand the factors that pull Jews from around the world into Israel, but what about the push factors? Matti Friedman discusses on Liberty Law Talk with host Rebecca Burgess. https://lawliberty.org/podcast/the-view-from-israel/

While science is a useful tool in the quest for truth and knowledge, it is not the only form of either. Spencer Klavan explains in a recent episode of Liberty Law Talk. https://lawliberty.org/podcast/why-we-need-to-read/

Unlike the Federalists, the Jeffersonians wanted a form of government distinct from any governing body found in Europe, or in history. Kevin Gutzman recently joined Samuel Gregg to discuss the Jeffersonian Republic: https://lawliberty.org/podcast/the-jeffersonian-republic/

One German free-market economist stood out from the rest by confronting Nazi terror ahead of WWII. Editor Brian Smith sat down with contributing editor Samuel Gregg to discuss Wilhelm Röpke. https://t.co/sAOA3t2ibB

Wilhelm Röpke warned against Nazi terror before their rise, but it’s worth further examination as to why. Editor and Liberty Law Talk host Brian Smith sat down with contributing editor Samuel Gregg to discuss. https://t.co/sAOA3t2ibB

John Foster Dulles changed his view on the role of faith in society in the wake of Hitler’s rise to power. Listen as John D. Wilsey and James M. Patterson discuss on Liberty Law Talk: https://lawliberty.org/podcast/a-priest-of-liberal-nationalism/