by One of the many ways the Constitution’s framers showed their collective wisdom was by embedding the rule of law into the very framework of our system of government. Judicial review of popularly enacted laws keeps the majority accountable to underlying constitutional principles. Of course, one person’s core constitutional safeguard is another’s judicial activism run amok. And so, in a range of hot-button “culture war” cases, lower courts have tried to steer clear of the dreaded “judicial activist” label by shifting their analysis from the constitutional principles themselves to the facts through which the principles may be invoked. At times these days, the rule of law looks more like the rule of facts.
Read the full postArchive for the 'Robert Vischer' Category
I was out of town last week, so I just now had the chance to sit down and read Perry v. Schwarzenegger. A few initial reactions: First, what were the Prop 8 proponents’ counsel thinking in only putting on two experts, neither of whom strike me as especially strong under Daubert/Kumho Tire? To be clear, I think David Blankenhorn is a very thoughtful writer and effective advocate, but that doesn’t make him a good choice as a testifying expert witness. More broadly, if constitutional litigation is a battle of public policy arguments (and I’m not saying it should be), this one was no contest.
Read the full postAre atheists obliged to explain the universe’s existence or else retreat to agnosticism?
Read the full postLike Bob, I’ve been neglecting the LRE conversation due to recent travels. One particularly fascinating event was a conference in Loppiano, Italy on “The Charismatic Principle in Economic and Civil Life.” After two days of discussion, it’s still a fairly elusive and malleable concept in my mind, though one helpful way to think about the theme is to distinguish it from our tendency to approach social progress and reform from an institutional perspective.
Read the full postOne consequence of the rise of radical Islamic movements is my own temptation to buy into the notion, often promoted by media coverage, that we are faced with a simple choice: embrace secularism or embrace theocracy. If that’s the choice, I’ll opt for secularism, thank you very much. That might explain my own initial “I’m smiling a little inside even though I know I shouldn’t be” reaction to “Everybody Draw Muhammad Day.” I oppose censorship, and I am concerned that threats of violence are inhibiting free speech. At the same time, I need to remember that respect for religion is not a sign of weakness but an act of strength.
Read the full postMaybe we’re getting the religious composition of the Supreme Court all wrong. Maybe, in terms of a Justice’s approach to religion belief and how it matters to a person’s life, all nine are Protestant.
Read the full postYesterday I participated in a roundtable discussion about conscientious objector status in the military. The discussion was convened by the Seventh Day Adventist Church, and so much of the discussion concerned the development of the Adventist teaching on military service (similar to Catholic discussions, there was some tension surrounding the question of whether the teaching had, in fact, “developed”). One thing that stood out to me, though, was the fact that many Adventists today serve as combatants in the military, while many find it incompatible with their faith. As with other issues in other faith traditions, it seems that a religious believer’s church affiliation tells us less about their own decision-making than it might have in past eras.
Read the full postRuss has raised some interesting questions about identity and the Supreme Court. In keeping with the theme, while Christianity Today (the leading magazine for mainstream evangelical Christians) usually avoids overt partisanship or hyperbole, I was struck by this article about Elena Kagan’s nomination:
“There is almost nothing with which American evangelicals can identify in either Kagan’s personal or professional life, and the same is likely to be true of her legal philosophy as it emerges. Fortunately for evangelicals, in replacing liberal Justice John Paul Stevens, Kagan would not markedly alter the balance of power on the court. At the same time, unfortunately for evangelicals, that balance of power will leave them in the position of highly engaged outsiders looking in.”
Let’s put to the side the very provocative notion that evangelicals should expect to find almost nothing to identify with about Elena Kagan’s personal life, and focus on the professional. On the implications of a Justice Kagan, I find this sort of analysis frustrating because, by presuming a total disconnect between an evangelical worldview and Upper West Side / Ivy League worldview, it essentializes two enormously diverse and overlapping groups of people, implicitly defines them in part by the rejection of the other, and effectively widens the existing disconnect in the process.
Read the full postI guess I’m the opposite of many politicians: I favor school choice, yet I send my own kids to the public schools of an urban school district. I like the idea of attending and supporting a neighborhood school, and it helps that our neighborhood school is a good one. But not all parents have the same experience with neighborhood schools, and not all neighborhood schools approach education in a way that reflects the values and priorities of all parents. School choice should be contingent on our commitment to family empowerment, not contingent on charter or private schools having higher test scores than neighborhood schools.
Read the full postWhen I was a kid, I loved reading books by pro athletes about their Christian faith (Terry Bradshaw: Man of Steel was my favorite), and hearing about athletes leading bible studies in the locker room. I think it made me feel that my faith, which often seemed intensely uncool, had a bit of coolness factor after all. I’m guessing that it’s this desire not to feel so uncool that has led to the disturbing effort to bail out actor Stephen Baldwin from his financial troubles.
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