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Nihilism and the End of Law

When President Bush nominated Judge Clarence Thomas to a vacancy on the United States Supreme Court, liberals opposed to confirming the nomination at first directed critical scrutiny to statements the nominee had made in favor of employing “natural law” in constitutional interpretation. The . . . . Continue Reading »

Getting Grover’s Goat

Herbert Grover is the increasingly visible state superintendent of public instruction for Wisconsin and a man determined that no tax dollar shall be soiled by the hand of a parent on its way to school. The superintendent has fought vigorously against educational choice and is back in the papers with . . . . Continue Reading »

Abortion and Political Compromise

Roe v. Wade is clearly in for substantial pruning—possibly even an outright overruling—in the near future. Thus the ball, so to speak, will be in the pro-life court. As James Davison Hunter’s article in this issue reminds us, Americans do not accept the positions of either the . . . . Continue Reading »

The Constitution and the Erotic Self

The history books tell us that Gavrilo Princip, the Serbian nationalist who shot and killed Austrian Archduke Francis Ferdinand in 1914 at Sarajevo, started World War I by providing the occasion, or excuse, for the release of long-smoldering political tensions and ambitions. Thus can small trickles . . . . Continue Reading »

Polygamy, Peyote, and the Public Peace

No one should be surprised that decisions of great constitutional moment are sometimes occasioned by cases that seem trivial or exotic. Those who are threatened by the majority sentiment of the moment appeal to the Constitution, although not always successfully. There was, for instance, the 1879 . . . . Continue Reading »

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