Professor of Law at Columbia University Law School Philip Hamburger discusses the rise of the administrative state and what, if anything, can be done to reduce its power.
“The administrative state is the leading threat to civil liberties of our era,” says Philip Hamburger, the Maurice and Hilda Friedman Professor of Law at Columbia Law School and author of the recent books, Is Administrative Law Unlawful? (2015) and The Administrative Threat (2017).
“We have a system of government in which our laws are made by the folks that we elect, and these laws are enforced by judges and juries in the courts, but we have within that an administrative state, a state that acts really by mere command and not through law.” Hamburger argues that by reducing the role of elected officials to set policy, the administrative state, which has grown rapidly since World War II, disempowers blacks, women, and other minorities who have only recently gained full voting rights and political power.
Before he left the Trump administration, former White House Chief Strategist Steve Bannon famously vowed to “deconstruct” the administrative state—the collection of bureaucrats, agencies, and unelected rule-making bodies who decrees and diktats govern more and more of our lives. And many of the president’s picks at places such as the FCC, the FDA, the EPA, and the Department of Education seem to be doing just that: cutting regulations and policies that come not directly from Congress but from administrators who decide, say, that the FCC has the ability to regulate the internet as a public utility, and that so-called net neutrality is a good idea. Read the rest of this entry »
Justice Thomas appears in an exhibit that was installed Sunday, a Smithsonian spokeswoman said Monday. The display honors both of the black justices who ascended to the pinnacle of the legal profession. The other is Thurgood Marshall.
Justice Thomas’ apparent omission irked conservative observers, who suspected an ideological bias among Smithsonian officials and called for the influential jurist’s inclusion in the museum.
Ronald D. Rotunda, distinguished professor of jurisprudence at the Dale E. Fowler School of Law at Chapman University, said Justice Thomas deserves to be recognized for his contributions to constitutional jurisprudence, his record of public service and his inspirational life story.
“Like Thurgood Marshall, he has been a very influential justice, and like Thurgood Marshall, he has risen from humble beginnings,” Mr. Rotunda said. Read the rest of this entry »
Are some cultures better than others? Or are all cultures and their values equal? Bestselling author Dinesh D’Souza, who was born in India and moved to America, explains.
Exoneration First, Investigation Later: Comey Under Fire Over Draft Clearing Clinton Written Before Interviewing Key WitnessesPosted: September 4, 2017
Below is my column in the Hill newspaper on the recent news about Comey drafting a statement declining to charge Hillary Clinton or her staff before key witnesses were interviewed or evidence reviewed. The question is why Comey pursued the investigation if he felt comfortable months in advance in drafting the statement. I do not share the President’s view that this draft shows a “rigged process,” though some FBI agents have objected to the drafting of the statement in this context. I take Comey at his word that he did not make up his mind until after all of the evidence was reviewed. However, the draft does show a markedly different approach to the investigation of the Clinton emails and the Special Counsel investigation of the Trump Administration.
Here is the column:
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Ayaan Hirsi Ali joins me to discuss her new book, The Challenge of Dawa: Political Islam as Ideology and Movement and How to Contain It and her views on the challenges facing Western civilization in regards to political Islam. She argues that Islam needs to be separated into two different parts, one part of religion and the other part, political philosophy. She concedes that many aspects of the religious part of Islam are peaceful but argues that the political side is much more concerning due to its focus on Dawa, which means “to plead or to call non-Muslims to Islam.” This call to convert people to Islam is what she argues was a driving force behind the spread of Islam throughout history.
Earlier this year Ayaan Hirsi Ali was called before Congress to testify on her book. She discusses her testimony and that although she was invited by a Democrat senator to speak “about the ideology of radical Islam,” the Democrats present didn’t ask her a single question because they were likely uncomfortable with what she had to say about Islam. She argues … (read more)
Source: National Review
The state of the Fourth Estate—and who can save it.
Brittany Karford Rogers writes: If hashtags had been a thing, these would have been some #FakeNews whoppers.
The 32 BC Mark Antony takedown: it began with a fake-news campaign masterminded by Octavian, complete with Tweet-like proclamations on ancient coins.
The Simon of Trent humdinger: in 1475 a prince-bishop in Italy set off a story that local Jews murdered missing 2-year-old Simon—and used his blood for rituals. Fifteen Jews burned at the stake.
The Benjamin Franklin special edition: he concocted an entire 1782 newspaper, peddling a fake story about Native Americans scalping 700 men, women, children, and infants.
In short, fake news is old news.
For all the handwringing over fake news today, BYU journalism professor Joel J. Campbell’s (BA ’87) response is more “meh.” It’s another punch for a profession that’s been in the ring for the better part of a decade. Trust in news media is at an all-time low. Revenue models are upended. Reporters are exhausted. Readers are fragmented. And that’s just a short list of jabs.
Looming larger in Campbell’s eyes are analytics-driven newsrooms and disenfranchised readers, who, flooded with content, are living in information silos or, worse, opting out altogether.
So how does one make sense of the crowded, increasingly polarized news landscape? And what’s left of journalism as we knew it?
BYU faculty and alumni practitioners—their collective résumés spanning Fox News, C-SPAN, CNN, the Atlantic, and more—have some ideas.
Before you throw your hands up, consider the forces at play, take heart in journalists’ earnest self-searching, and look in the mirror—because the finger pointing goes all the way around.
It’s worth asking, “Is journalism still doing its job?” But as our panel of experts chimes, there’s an equally important question: “Do the citizens of this country have the will to save it?”
A Happy Accident
Journalism has a lofty goal—one epitomized by the career of R. John Hughes.
The emeritus BYU professor won the Pulitzer Prize in 1967 for his coverage of an attempted communist coup and its bloody aftermath in Indonesia. Over his career as a writer for and then editor of the Christian Science Monitor, he covered revolutions and interviewed world leaders.
“Journalism was almost like a religion to me, to get the story, and get it right, to help evince change,” Hughes says. “It’s a kind of love affair for most journalists, shining light in dark corners.”
Journalists call themselves the watchdogs, the truth seekers. The press is dubbed the Fourth Estate after all, the final check on all three branches of government. Democracy requires informed citizens; the press make up the informants. “Democracy Dies in Darkness” goes the new Washington Post tagline.
That’s the why of modern journalism.
The how—being objective, non-partisan—“is rather a new phenomenon in the history of news,” says Campbell.
It has always depended on who’s paying.
Wealthy traders and merchants underwrote the first news in the Americas, and it was all route intel. In the colonial period political parties footed the bill for most papers—party organs that were far more partisan and acrimonious than what we cry foul at today. It wasn’t until the penny-press era—the 1830s on—that a new funding model developed: scale up the circulation, then sell readers’ attention to advertisers. That advertising revenue could bring the cost of the paper down to something many could afford.
Writing to a mass audience, publishers began to recognize there was a market for real, honest news that could cross political divides and speak with a relatively neutral voice. This paved the way for professional journalism standards. And for most of the 20th century, it made newsrooms the information power brokers.
Then the internet smashed the model.
“For the last decade, we have seen a steady erosion of the advertising economy for newspapers,” says Campbell. That’s the nice way of saying it. Revenue streams have been gutted.
Department stores and auto malls, the go-to advertisers, cut back on ads, facing their own disruptions: e-commerce competition and recession. Craigslist happened to the classifieds. And reader eyeballs, once concentrated among a few media outlets, are now diverted to Facebook, YouTube, and that thing you just Googled—and the bulk of advertising has followed them.
As they say in the industry, the digital transition traded print dollars for digital dimes and, in turn, digital dimes for mobile pennies.
One thing is certain: it’s a fascinating time to study the news. Alum Seth C. Lewis (BA ’02) holds the Shirley Papé Chair in Emerging Media at the University of Oregon and is a leading scholar on the digital transformation of journalism.
“We’ve gone from media monopoly to media disruption and ubiquity,” says Lewis. And in ubiquity, no one gets a sizable piece of the economic pie.
Lewis suggests that maybe the last century of advertising-based news subsidy—which fostered these objective, non-partisan notions—“was just a happy accident. Maybe instead we’re returning to other forms of funding and thinking about the news.”
For decades, conservatives have been complaining about bias in the media, but that wasn’t quantified until now. CNN’s fake news does more than get them ratings — its libel undermines the very nature of our democratic republic. In this Firewall, Bill Whittle lambasts the mainstream media for its toxic politicizing of the news and exposes the influence of media bias on elections.
Turn Left and Go Over the Top
Stefan Kanfer writes: Pity the poor members of the Resistance. They decried violence on the right—only to have GOP congressman Steve Scalise shot by rifle-wielding left-winger James T. Hodgkinson. Then, a group of theater professinals decried any attempt to quash a staging of Julius Caesar with the title character, caparisoned as Donald Trump, assassinated with shouts of revenge and gouts of blood. But soon afterward, yet another assemblage of theater professionals decided that censorship was a good thing after all.
The Lincoln Center Festival is staging a four-night production this month of To the End of the Land, a dramatization of the acclaimed novel by Israeli author David Grossman. The play is underwritten by a cultural-outreach arm of the Israeli government. The Jewish State is anathema to the radical Left, and angry members of an organization identifying itself as “Adalah-NY, the New York Campaign for the Boycott of Israel,” are demanding that the production be taken off the boards before the Center dares to raise its curtain. Signatories to the demand include playwrights Tracy Letts, Lynn Nottage, and Annie Baker, as well as director Sam Gold, rock star Roger Waters, indie-film darling Greta Gerwig, and reliably anti-Israel playwright/actor Wallace Shawn.
Adalah-NY says that production of To the End of the Land will aid the Isralie government in its “Brand Israel” campaign, which aims to use arts and culture to beguile audiences into thinking that Israel is a modern, civilized nation—while the wicked Hebrews continue their “violent colonization, brutal military occupation and denial of basic rights to the Palestinian people.”
Never mind that the play is actually an antiwar document, that its Israeli writer lost a son to battle and is understandably reluctant to fan any fires, and that, in fact, it has a sympathetic Palestinian character. Never mind that Israel is surrounded by would-be assassins who have sworn to destroy the Jewish state and all who live there. Never mind that a quick glance at the state of human rights or rule of law among any of Israel’s neighbors provides the sharpest possible foil, and that not a peep has been heard from Adalah-NY about the lives of the citizen-victims of Egypt, Gaza, Syria, or Lebanon. Read the rest of this entry »
The Framers and the Fourth: Criticism Of Independence Day Celebrations Ignores Our Collective HistoryPosted: July 5, 2017
Every Fourth of July, some celebrity will attract national attention by denouncing the holiday as a type of slaver’s celebration. This year was no exception. In past years, I have said nothing because these comments reflect understandable conflicted feelings by African Americans and others whose ancestors lived through decades of oppression and discrimination. However, it is time to put part of this criticism to rest . . . at least in part. There is a tendency to ignore those Framers who advocated emancipation at our founding and the recognition of the scourge of slavery that would forever taint our history.
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Former slave and abolitionist, Frederick Douglass, gives a scathing address about the true meaning of Independence Day to the negro.
Jemar Tisby writes: No other phrase in the founding documents of the United States stings an African American as much as this one: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
The Declaration of Independence was not a declaration for all but for some. “All men” did not include people of African descent. “Unalienable rights” were stripped from those who were taken from their homeland and forced into lifelong servitude. And “life, liberty, and the pursuit of happiness” could not be pursued at the end of a chain.
The former slave and abolitionist, Frederick Douglass, gave a speech on July 5, 1852 in Rochester, NY commemorating the day of independence for the United States. Cognizant of the contradictions embedded into the foundation of the United States, Douglass expounded for his audience the significance of “independence” day for black people. In it, he loses no respect for the founders of the nation calling them “statesmen, patriots, and heroes.” But he does not fail to point out the hypocrisy of declaring freedom from Britain’s control while subjugating an entire race of people.
Below are some excerpts from Douglass’ speech. His words remind us that for some Americans, independence ends with an asterisk.
Read the full text of the speech here.
“I say it with a sad sense of the disparity between us. I am not included within the pale of glorious anniversary! Your high independence only reveals the immeasurable distance between us.”
“This Fourth July is yours, not mine. You may rejoice, I must mourn. To drag a man in fetters into the grand illuminated temple of liberty, and call upon him to join you in joyous anthems, were inhuman mockery and sacrilegious irony.”
“My subject, then, fellow-citizens, is American slavery. I shall see this day and its popular characteristics from the slave’s point of view. Standing there identified with the American bondman, making his wrongs mine, I do not hesitate to declare, with all my soul, that the character and conduct of this nation never looked blacker to me than on this 4th of July!” Read the rest of this entry »
John F. Kennedy lowered taxes, opposed abortion, supported gun rights, and believed in a strong military. And he was a proud Democrat. But would he be one today? Author and talk show host Larry Elder explains.
We just discussed the free speech and academic freedom issues of schools investigating professors for their postings on social media. Now we have A New Jersey college professor who was fired by Essex County College after appearing on “Tucker Carlson Tonight.” Professor Lisa Durden staunchly defended a black-only Black Lives Matter event and caused an uproar of criticism over her highly insulting comments about “white people.”
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Sociologist Frank Furedi on how to bring liberalism back to campus.
Nick Gillespie & Mark McDaniel: “For the first time, a growing number of young people actually think freedom isn’t a big deal,” says sociologist Frank Furedi, who’s an emeritus professor at the University of Kent and author of the new book, What Happened to the University: a sociological exploration of its infantilisation.
The university was once a place where students valued free speech and risk taking, but today “a very illiberal ethos has become institutionalized,” says Furedi. “In many respects, it’s easier to speak about controversial subjects outside the university…It’s a historic role reversal.” Read the rest of this entry »
For many weeks, I questioned the need for a Special Counsel in the Russian investigation because it seems like a coverup in search of a crime. I still do not see the evidence of a crime and simply saying “collusion” does not supply an actual crime. However, when President Donald Trump fired James Comey, I supported the appointment of a Special Counsel to investigate obstruction of justice, even though I remained skeptical of the basis for an actual obstruction charge. I still fail to see the compelling basis for an obstruction case without stretching the criminal code to the breaking point. Nevertheless, I continue to support the need for an independent investigation.
The investigation of a sitting American president however must itself be beyond question as to any bias or influence. For that reason, I have been questioning the propriety of Rod Rosenstein to continue in his current position…
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Emily Shapiro reports: Michelle Carter, a 20-year-old who was accused of urging her then-boyfriend to commit suicide three years ago, has been found guilty of involuntary manslaughter by a Massachusetts judge.
Carter broke down crying in court, putting her head in her hands, before Judge Lawrence Moniz announced the verdict.
Conrad Roy was 18 when he died in July 2014 of carbon monoxide poisoning after locking himself in his truck.
The prosecution claimed Carter, then 17, was reckless and caused his death by telling Roy to get back in the car even though they say he didn’t want to die. Read the rest of this entry »