The Constitution was designed to limit government power and protect individuals from the tyranny of majorities and interest-group politics. But those protections are meaningless without judges who are fully committed to enforcing them, and America’s judges have largely abdicated that responsibility. All too often, instead of judging the constitutionality of government action, courts simply rationalize it, as the Supreme Court did in upholding the Affordable Care Act, which represented the largest—and most blatantly unconstitutional—expansion of federal power since the New Deal.The problem lies not with the Constitution, but with courts’ failure to properly enforce it. From the abandonment of federalism to open disregard for property rights and economic freedom, the Supreme Court consistently protects government prerogatives at the expense of liberty. The source of this error lies in the mistaken belief on both the left and the right that the leading constitutional value is majority rule and the chief judicial virtue is reflexive deference to other branches of government. This has resulted in a system where courts actually judge the constitutionality of government action in the handful of cases they happen to care about, while merely pretending to judge in others.The result has been judicial abdication, removing courts from their essential role in the system of checks and balances so carefully crafted by our Founders. This book argues that principled judicial engagement—real judging in all cases with no exceptions—provides the path back to constitutionally limited government.
The Smart Society offers a detailed blueprint for how the United States can recast its human capital policies to make all Americans—not just a privileged elite—smarter and more successful than ever before, at the same time stemming the size and cost of the nation’s “safety net.” The spectacular, centuries-long success of the United States is based on its having determined, early on, to be a smart country, single-mindedly developing institutions and practices that enabled its native born citizens to maximize their economic and social potential, and welcoming opportunity-seeking foreigners to join them. Over the last four decades, however, the vaunted United States human capital machine has been breaking down, dimming the economic and social prospects of millions of Americans.If The Smart Society blueprint is followed, these trends can be reversed and the nation and its people can quickly regain their preeminence in the hyper-competitive and globalized world of the 21st century. This is a most topical issue today because the country's current heated political disagreements are not just about the proper size of government, but about how the United States can reverse its apparent decline and restore its historic economic and social vigor—in other words, regain its place as the world’s “smartest” nation.
The defeat of South Vietnam was arguably America’s worst foreign policy disaster of the 20th Century. Yet a complete understanding of the endgame—from the 27 January 1973 signing of the Paris Peace Accords to South Vietnam’s surrender on 30 April 1975—has eluded us.Black April addresses that deficit. A culmination of exhaustive research in three distinct areas: primary source documents from American archives, North Vietnamese publications containing primary and secondary source material, and dozens of articles and numerous interviews with key South Vietnamese participants, this book represents one of the largest Vietnamese translation projects ever accomplished, including almost one hundred rarely or never seen before North Vietnamese unit histories, battle studies, and memoirs. Most important, to celebrate the 30th Anniversary of South Vietnam’s conquest, the leaders in Hanoi released several compendiums of formerly highly classified cables and memorandum between the Politburo and its military commanders in the south. This treasure trove of primary source materials provides the most complete insight into North Vietnamese decision-making ever complied. While South Vietnamese deliberations remain less clear, enough material exists to provide a decent overview.Ultimately, whatever errors occurred on the American and South Vietnamese side, the simple fact remains that the country was conquered by a North Vietnamese military invasion despite written pledges by Hanoi’s leadership against such action. Hanoi’s momentous choice to destroy the Paris Peace Accords and militarily end the war sent a generation of South Vietnamese into exile, and exacerbated a societal trauma in America over our long Vietnam involvement that reverberates to this day. How that transpired deserves deeper scrutiny.
In Philanthropy Under Fire, author Howard Husock defends the American tradition of independent philanthropy from significant political and intellectual challenges which threaten it today. Although the U.S. continues to be the most charitable nation in the world, serious efforts seek to discourage traditional, personal charitable giving by changing the tax code, and directing philanthropy toward causes chosen by government. Some voices seek to narrow the very definition of philanthropy to include only direct redistribution of income from rich to poor. In contrast, Mr. Husock broadly defends philanthropy’s causes—from the food pantry to the art museum to the university science lab—as both a source of effective new ideas and as a core aspect of democracy and liberty. In a new and original argument, he asserts that having broad impact does not require a marriage of philanthropy and government. Instead, he says, private programs growing out of the values held by their leaders—and imbued with those values—can have a wide impact through their influence on society’s norms. In this sense, the good that private philanthropy does for American society can far transcend the good that it does for its immediate recipients.
This Broadside will look at the changes that can be made to halt the full implementation of the law over the next few years, including repealing parts of the act that are unpopular with members of both parties. These parts are the medical device tax, IPAB, the new 3.8 percent tax on unearned income, to name a few.Also covered will be potential reforms to Medicare and Medicaid, two major entitlement programs that, if not reformed to ensure sustainability for those who really need these programs, will be bankrupt by 2024. There are a number of important lawsuits that will come before the courts this year on issues such as the exchanges, employer and individual mandates, and the contraception mandate. These will be highlighted and their potential impact on the law will be discussed.Finally, there is the issue of defunding the Medicaid expansion and the federal tax subsidies which, unless changed, will add tremendously to the cost of health care in this country. With the current fiscal crisis, these programs must be scaled back.Like welfare reform, the battle to bring about meaningful health care reform is a long-term fight. We must not give up. The election of 2016 will be very important for the future direction of health care. A reform plan will be offered. If Obamacare is not repealed and replaced, the U.S. will be on the road to a single-payer, “Medicare for All” system such as exists in Canada. We, too, will face long waiting lists, rationed care, and a lack of access to the latest technology and treatments. Examples will be given. America will be on the “Road to Serfdom” and there will be no off-ramp.
Who is sovereign in the United States? Is it the people themselves, or is it an elite determined to rule citizens who are seen as incapable of making choices about their own lives? This is the central question in the American gun-control debate.In this Broadside, David Kopel explains why the right to keep and bear arms has always been central to the American identity – and why Americans have always resisted gun control. The American Revolution was sparked by British attempts to confiscate guns. After the Civil War, the U.S. changed the Constitution to defeat the nation’s first gun-control organization, the Ku Klux Klan. When Hitler and Stalin demonstrated how gun registration paves the way for gun confiscation, which paves the way for genocide, Americans resolved to make sure it never happens here.Gun control is not an issue of left vs. right or urban vs. rural. The right to bear arms is crucial to prevent large-scale tyranny by criminal governments and small-scale tyranny by ordinary criminals – and to protect our Constitution.
Before September 11, 2001 we Americans did not think much about freedom or democracy in the Middle East. U.S. policy toward the region aimed to assure a reliable flow of oil, to encourage peace between the Arabs and Israel, and above all, during the Cold War, to prevent our rival from gaining any strategic advantage over us. 9/11 impelled us to reconsider. Now, as we are entangled in conflicts in Iraq and Afghanistan the Mid-East’s political and social quandaries lie at the very core of our foreign policy objectives. And yet, after years of blood and fortune spent on the democratization of the Middle East, the most identifiable personalities in the region are notorious terrorists, backwards autocrats and fanatical preachers. As Joshua Muravchik demonstrates in Trailblazers of the Arab Spring, there are in fact also heroic democrats and liberals in these lands of anti-democratic fanaticism, and the fight they are fighting is also our fight.Muravchik brings to light the stories of seven remarkable people, six Arabs and an Iranian. Five are men; two, women. Four are Sunnis, two are Shiites, and the seventh is mixed. All are devoted passionately to a cause, and, while the angles from which they attack it are varied, the larger goal is the same for all seven—to make their countries more open and democratic. Trailblazers of the Arab Spring reminds us that freedom is a prize that must be won through struggle and sacrifice, and it introduces us to our anonymous friends who have consecrated their lives to the birth of free societies in the Middle East.
Economist Herb Stein famously said that something that can't go on forever, won't. For decades now, America has been putting ever-growing amounts of money into its K-12 education system, while getting steadily poorer results. Now parents are losing faith in public schools, new alternatives are appearing, and change is on the way. The K-12 Implosion provides a succinct description of what's wrong, and where the solutions are likely to appear, along with advice for parents, educators, and taxpayers.
In June 1973, Judge Robert Bork was plucked from a quiet life of academia at Yale University and planted in the tumultuous soil of constitutional crisis by a Nixon administration barreling toward collapse. From the ousting of Vice President Spiro Agnew to the discharge of the Watergate special prosecutor, an event known as the Saturday Night Massacre, Saving Justice offers a firsthand, insider account of the whirlwind of events that engulfed the administration during the last half of 1973 and the first few months of 1974. This important volume provides a revelatory look into the inner workings of the Justice Department during some of the most consequential months of the Nixon administration.
Imagine a country in which strikes by public-sector unions occupied the public square; where foreign policy wandered aimlessly as America disentangled itself from wars abroad and a potential civil war on its southern border; where racial and ethnic groups jostled for political influence; where a war on illicit substances led to violence in its cities; where technology was dramatically changing how mankind communicated and moved about—and where the educated harbored increasing contempt for the philosophic underpinnings of our republic.That country, the America of the 1920s, looked a lot like America today. One would think, then, that the President who successfully navigated these challenges, Calvin Coolidge, might be esteemed today. Instead, Coolidge’s record is little known, the result of efforts by both the left and right to distort his legacy.Why Coolidge Matters revisits the record of our most underrated president, examining Coolidge’s views on governance, public sector unions, education, race, immigration, and foreign policy. Most importantly, Why Coolidge Matters explains what lessons Coolidge—the last president to pay down the national debt—can offer the limited government movement in the post-industrial age.