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THE NEXT DAY the president tried to clarify, saying: “We have not seen a court overturn a law that was passed by Congress on a [sic] economic issue, like health care, that I think most people would clearly consider commerce. A law like that has not been overturned at least since Lochner, right? So we’re going back to the ’30s, pre-New Deal.”
Wrong again. Lochner was decided in 1905, not the 1930s. The court did strike down some New Deal legislation, including the National Industrial Recovery Act in A.L.A. Schechter Poultry Corp. v. U.S. (1935). And Lochner, which involved a New York state regulation, had nothing to do with Congress’s powers under the Commerce Clause.
How could a onetime professor of constitutional law be so ignorant? He had answered that question as part of his initial remarks: “That’s not just my opinion; that’s the opinion of a whole lot of constitutional law professors and academics and judges and lawyers.” He might have added: and journalists like Linda Greenhouse. All those authorities told him the other side had no argument, and he believed it.
In 2005, Slate’s Dahlia Lithwick, a leftist legal journalist in the Greenhouse mold, scoffed at the idea of the Greenhouse Effect. She called it “a great conservative fiction: that there is vast, hegemonic liberal control over the media and academia. This may have been somewhat true once, but it’s patently untrue today.”
I’d say it might have been patently true once and is somewhat untrue today. But on the whole, it seems Lithwick was right. The Greenhouse Effect has given way to the Taranto Principle.
A man of faith in a godless age is hitting Americans where it hurts.
Mr. and Mrs. American Spectator Reader, let P.J. O’Rourke talk sense to your kids.
In Britain, defending your property can get you life.
The debacle of this president’s administration is both a cause and a symptom of the decline of American values. Unless Congress impeaches him, that decline will go on unchecked. An eminent jurist surveys the damage and assesses the chances for the recovery of our culture.
It won’t take long for conservatives to scratch this presidential wannabe off their 2008 scorecard.
The American Christmas, like the songs that celebrate it, makes room for everybody under the rainbow. Is that why so many people seem to be hostile to it?
Was the President done in by the economy, or by the politics of the economy?