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By Christopher Caldwell - ...In this view, the civil rights movement wasn’t just a reform but a refounding....The real political legacy of the 1960s comes from the Civil Rights Act of 1964....…The new law cut constitutional corners, constraining freedom of association, ... drawing the federal government into the running of local elections. It opened the door to new kinds of lawsuits: The U.S. attorney general, for instance, could now file discrimination suits against local school districts. It imposed a degree of federal management on all institutions that received federal money. And it created a vast investigative infrastructure through the Equal…
By Tunku Varadarajan and Ilya Shipiro - … The threat to ‘dismantle existing structures’ is an idle one in English class. But in legal education it targets individual rights and equal treatment under the Constitution.… If you read critical legal studies, of which critical race theory is a subset, you’ll read about the need to ‘fundamentally dismantle existing structures,’ to ‘change the way social hierarchies operate.’ . . . The goal is to fundamentally change the way that American society operates”…. Read More
By David Bernhardt - Grade-school civics teaches that Washington is designed to operate under a system of checks and balances, constrained by the Constitution and empowered by the consent of the governed. In practice, however, power has become concentrated in the executive branch and largely wielded by unaccountable career bureaucrats. The notion of a “deep state” isn’t a conspiratorial talking point but a manifest political reality. Read More
By Kimberly A, Strassel - May 11, 2021- Would the IRS violate your privacy to further Democratic policy objectives?....The lesson is that Republicans must realize that Democrats are no longer their only political foe. They face an equally potent and dangerous federal bureaucracy—committed to destroying GOP officials and propelling a liberal agenda. Read More
By Philip Hamburger - The 1964 law targeted racial discrimination. Today’s problem is the suppression of dissent. It is time for a new civil-rights act that addresses the dangers of our time, not merely those of the 1960s. The threat again comes from discrimination, but now by the federal government as well as states and private organizations. Most worrisome is federal and state encouragement for private entities to discriminate against Americans with dissenting views. Also significant is discrimination that bars Americans from participating in services ordinarily open to the public. Read More
By John Ketcham - Fearful of angering public-employee unions, politicians bend to their will at taxpayer expense. Can this arrangement be challenged in court? Read More
By Ed Meese and Kelly Shackelford - The left was able for decades to get through the courts, including the Supreme Court, what it couldn’t get through Congress. Today, however, liberals are trying to subvert the legitimacy of the Supreme Court because it contains a majority of justices committed to the Constitution and the rule of law. Suddenly, instead of repeatedly approving the left’s agenda, the federal judiciary has become one of its greatest impediments. Believing they can no longer win at the court, progressives now want to change the rules of the game. Rather than improving their legal arguments and strategy,…
By Phil Gramm and Pat Toomey - His regulatory barrage and failed Progressive-era policies imperil …the American economy and our freedom. We face not an errant regulator or an officious bureaucrat, but a sea change in the economy’s regulatory ecosystem. The executive branch and its regulatory agencies are unbound by the laws they are supposed to uphold and hostile to the industries they regulate, undermining the political accountability at the heart of our republican government... Read More
By Gerard Baker - As warnings about the menace to human existence get louder, and calls for action on a global scale more urgent, it seems increasingly likely that whatever else it may be, the AI menace, like every other supposed extinction-level threat man has faced in the past century or so, will prove a wonderful opportunity for the big-bureaucracy, global-government, all-knowing-regulator crowd to demand more authority over our freedoms, to transfer more sovereignty from individuals and nations to supranational experts and technocrats. Read More