Dr. Matthew J. Peterson, Vice President of Education at the Claremont Institute, joins The Seth Leibsohn Show to discuss his piece in The American Mind defending Tucker Carlson.
In this podcast, Dr. Matthew Peterson, our Vice President of Education, is joined by three of America’s leading thinkers on Congress: Dr. Matthew Spalding, Dr. Michael Uhlmann, and Dr. Joe Postell.
“Welcome everyone, to the American Mind podcast, a production of the Claremont Institute. I’m Ryan Williams, president of the Claremont Institute and publisher of the Claremont Review of Books. This podcast is about ideas, principles, and American politics, usually hosted by yours truly or our vice president of education, Matthew Peterson. Our mission at Claremont has always been the recovery of the American idea—those timeless principles that have made America great since our founding. Visit our website for show notes, essays, editorials, debates, and more at americanmind.org and you can always reach us by e-mailing email@example.com. Don’t forget to subscribe to the American Mind on itunes or wherever you get your podcasts, spread the word to your friends and colleagues, and most importantly—thanks for listening.”
–Ryan Williams, President of the Claremont Institute
“I’m Matt Peterson, vice president of Education at the Claremont Institute and Editor of American Mind. Everyone knows that something is wrong with Congress, which is why it has lower approval ratings that either of the other two branches. In fact, as others have pointed out, Congress has a lower approval rating than hemorrhoids, Nickelback, traffic jams, cockroaches, root canals, and colonoscopies. But why, exactly, has Congress ceased to function as the founders intended? And what might be required to restore it back to health? In the following podcast, I explore these questions with three of the top minds on Congress in the nation. Dr. Matthew Spalding and Dr. Michael Uhlmann are Claremont Institute senior fellows with graduate degrees from Claremont University, and Dr. Joe Postell runs the annual panels the Claremont Institute sponsors at the American Political Science Association. In fact, this podcast was recorded with a few drinks in hand at the 2018 APSA Conference, after a panel entitled: ‘What’s the Matter with Congress?’ Enjoy.”
–Matthew Peterson, Vice President of the Claremont Institute
In a recent op-ed for the New York Times, Charles Kesler, Claremont Senior Fellow and editor of the Claremont Review of Books (CRB), argues that most of President Trump’s alleged transgressions offend against the etiquette of modern liberal governance, not the Constitution. Dr. Kesler joins The Seth Leibsohn Show to discuss why breaking norms will renew democracy, not ruin it.
Dr. John Eastman, founding director of Claremont's Center for Constitutional Jurisprudence, analyzes Trump's selection of Judge Brett M. Kavanaugh to fill Justice Anthony M. Kennedy’s seat on the Supreme Court.
At the 6:05 minute mark, Dr. Eastman specifically evaluates the nomination in the context of the administrative state.
"One of the major fights in the Supreme Court right now, and my own Supreme Court litigation center has been on the forefront of this fight, is pushing back against unelected bureaucrats in administrative agencies that are basically ruling our lives, from morning to night, cradle to grave, without any legal authority.
"These administrative law doctrines that have developed over the last number of decades are finally being called into question. One of the things that stands out about Brett Kavanaugh’s career on the D.C. Circuit Court of Appeals is his willingness to question some of those doctrines as a violation of core constitutional separation of powers principles. That is where a very big fight is going on in the Supreme Court right now, and I think that may well have tilted the scale in his favor on the nomination."
- Does the president’s use of the National Guard in order to help patrol border violate the Posse Comitatus Act? Do governors have the authority to refuse to allow their states’ national guard to be called into such service by the president?
- Can the current president cancel the DACA program? Three lower courts have now held that he cannot, without first going through the notice and comment rulemaking procedures of the Administrative Procedures Act. This is despite that the fact that the prior president himself implemented the program without going through the notice and comment rulemaking procedures of the Administrative Procedures Act. Is the president’s promise to cancel the DACA program illegal, or are the lower court injunctions against him doing so an example of judicial overreach, even lawlessness?
In this episode, Dr. Eastman is joined by David W. Casazza, a 2015 Claremont Institute John Marshall Fellow. Casazza is an associate with Gibson, Dunn & Crutcher, where he is a member of the Litigation Department and focuses on appellate and administrative law. Dr. Eastman is also joined by Denise Harle, who serves as legal counsel with Alliance Defending Freedom, where she is a member of the Center for Life.
Up first, they discuss Benisek v. Lamone, a Maryland partisan gerrymandering case before the Supreme Court this term. The case questions whether state officials responsible for Maryland’s 2011 congressional redistricting plan targeted the plaintiffs for vote dilution, because of their past support for Republican candidates in violation of the First Amendment’s retaliation doctrine. This case was argued on March 28, 2018.
Next, they discuss NIFLA v. Becerra, a First Amendment case before the Court this term. The case involves a California law that compels religious, pro-life entities to disseminate information about low-cost planning services—abortion included—to “ensure access to reproductive health services for all California women, regardless of income.” This case was argued on March 20, 2018, by Mike Farris, President of the Alliance Defending Freedom. Harle was a key part of ADF’s litigation team, which also included Dr. Eastman and the Center for Constitutional Jurisprudence as co-counsel.
Dr. Eastman is the Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law. He served as a law clerk with Justice Clarence Thomas in 1996-97.
Charles Kesler, editor of the Claremont Review of Books and Senior Fellow at the Claremont Institute, joins Backbone Radio with Matt Dunn. The two discuss Trump's first year in office, the present status of the "Never Trump" movement (a topic Kesler wrote on in his latest CRB Editor's Note, "Among the Never Trumpers"), and hypotheticals on the future of Conservatism.