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    Philosophy

    The Law & Liberty Podcast

    Law & Liberty contributing editor James Patterson interviews prominent authors and thinkers. A production of Liberty Fund, Inc.

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    Latest Episodes:
    Mission Accomplished for the Roberts Court? Jul 14, 2025
    Show notes

    The Roberts Court delivered a number of wins for conservatives in its recent term, and Professor John O. McGinnis thinks it may mark the maturation of the Court’s administrative state jurisprudence. Host and contributing editor James Patterson is joined by Professor McGinnis, who explains both the broader trends of the Supreme Court, and some of this year’s major cases, including Mahmoud v. Taylor, US v. Skrmetti, and Trump v. CASA. Related Links Law & Liberty’s Coverage of the important cases of the recent term:John O. McGinnis, Logic Without HistoryChad Squitieri, Nondelegation Doctrine in LimboJoseph Griffith, A Victory for Religious LibertyJames Rogers, Skrmetti‘s Win for Self-GovernmentAdam J. McLeod, A Charity CaseRichard W. Garnett, Education Pluralism Delayed Transcript James Patterson (00:06): Welcome to the Law & Liberty Podcast. I’m your host, James Patterson Law & Liberty is an online magazine featuring serious commentary on law, policy, books, and culture, informed by a commitment to a society of free and responsible people living under the rule of law. Law & Liberty and this podcast are published by Liberty Fund. Hello and welcome to the Law & Liberty Podcast. I’m your host, James Patterson and contributing editor to Law & Liberty. And our guest today is Professor John O. McGinnis, the George C. Dicks Professor in Constitutional Law at the Pritzker School of Law at Northwestern University. He is a graduate of Harvard Law School and has areas of expertise in constitutional law, international law, and antitrust law. Today he is going to be giving us our Supreme Court rundown, which we do annually. And so we are going to start with just a general discussion of the session and then go through some of the more important cases and maybe touch on some interpretive questions at the end. Professor McGinnis, welcome to the Law & Liberty Podcast. John McGinnis (01:32): Delighted to be here. James Patterson (01:34): Alright, let’s get into a general question is: how would you describe the docket for the past year? Was it a victory for conservatives, a retrenchment of the progressives? What is the general thrust of all the cases combined? John McGinnis (01:51): I think overall this was another very good term for, if we want to use the term conservative versus liberal, which doesn’t completely describe the court because there is an interpretive axis as well. There’s also an overlap between what conservatives and liberals think about interpretation. So I think that it’s fair to say this was a strong term for conservatives, although I would note that what I think is the most distinctive about the Roberts Court, what I think it will be most remembered for in 50 years is an administrative law revolution. In other words, trying to put back the administrative state within the bounds of separation of powers, forcing the court to say what the law is and the legislature to legislate rather than have the executive branch create broad rules under discretion. I think that may be petering out a bit because there were at least two cases where the court could have taken the further and declined to do so. So I think we see that this is one way I would describe it as a mature conservative court in which at least in the administrative law area, the clear objectives may actually have been largely realized. On the other hand, there are still very important decisions that I think conservatives welcome particularly, the curbing of universal injunctions–which goes to the nature of the judicial power–and I think a very important religious liberties case in Mahmoud v. Taylor, which is very important both doctrinally and sociologically. And maybe I think the most important case of the term. James Patterson (03:47): You really stressed before we got started, how overlooked the administrative law cases were. So why don’t you tell us about the case that you think has been most overlooked and what makes it so significant? John McGinnis (03:58): So one very important case is FCC v. Consumers’ Research because there the petitioners tried to make a full-blown nondelegation argument and the court rejected it despite indications before that the court was interested in perhaps revisiting the nondelegation doctrine. This may suggest that we are coming to the end of the revolutionary period of the Roberts Court on administrative law because first of all, there is a strong dissent by Gorsuch speaking for himself and Justices Alito and Thomas arguing that this again was a very broad delegation and while it may have met the old standard of “intelligible principle,” it still allowed the executive branch large policy discretion of the kind that critics of the administrative state have suggested only Congress should exercise. And actually, of course, the Gorsuch, including in a dissent that was joined by Roberts, had raised questions about the intelligible principle doctrine. (05:14): And Justice Kavanaugh, who’s in the majority in this case also had raised questions about it. So there seemed to be perhaps a majority for really changing the nondelegation doctrine and requiring Congress to make the major policy decisions in legislation. And that would’ve had huge implications for the administrative state because right across the policy space Congress has, at least critics would say, abdicated its policy authority and given that over to the executive branch, allowing the executive branch to make really legislative decisions. Nevertheless, Kagan–an opinion by Justice Kagan–really brushes that aside. And that suggests, I think, that we’re not going to see a major change in the nondelegation doctrine. And indeed Justice Kavanaugh, in a concurring opinion, suggests well that’s no longer necessary because the court has already done work to confine the administrative agencies. And two things in specific, he discusses, one, the Loper Bright decision that takes away interpretive discretion from the administrative agencies and places it in the court. (06:30): And two, the major questions doctrine that suggests that at least in new kinds of actions by the administrative agency, ones that aren’t traditional, and if they are major and go beyond filling in the details in a new way, well then Congress has to come back and authorize it. But that’s not a constitutional rule, it’s a rule of statutory construction you might think of as a poor man’s nondelegation doctrine. So I think that case is really very important. But the nondelegation doctrine has been a target for conservatives for as long as I’ve been a law professor, and it really suggests that the nondelegation doctrine isn’t going to change much. And it suggests that it won’t change much because the court has already a structured doctrine in a way that it thinks sufficiently confines administrative agency. So I think that’s a very important case. James Patterson (07:27): Right. This is actually the first I’ve heard someone talk about it to that degree. Do you think maybe it’s because there’s a bias for big changes and in this case this isn’t really a big change? John McGinnis (07:40): I think that’s right. I think that’s right. So it’s a case of course that liberals are quite happy with and conservatives hardly want to trumpet. And maybe also there’s truth to Kavanaugh’s concurring opinion that the nondelegation doctrine has become less important as a target after Chevron was overruled. And we have the rise of the major questions doctrine, which now, and as Kavanaugh’s concurrent suggests, is part of the warp and woof of administrative law. James Patterson (08:12): Well, I guess congress has had its bacon saved now they don’t have to go into session all the time. John McGinnis (08:18): That’s right. Well, still with the major questions doctrine, they may force Congress to come back and legislate. And so I think that’s the argument and note that what it allows the court to do is save old large delegations. And of course if it struck those down, you might think that would rather be chaotic, or at least if it struck them down retrospectively, because there’ll be all sorts of regulations that will be called into question. And yet the major questions doctrine allows it to say, well, you can’t go further if it’s not a traditional way you’ve exercised authority under broad delegations, we’re not going to let you go further. And that creates less disruption. And so it’s a very carefully scalpelled doctrine to prevent disruption and protect reliance interests without allowing the administrative state to go on in the way it did before. James Patterson (09:20): So moving on to a case that’s close to my heart. We have the Mahmoud v. Taylor case. What is this case about and what made it such a significant event and religious liberty? John McGinnis (09:32): Well, the case is a case that comes out of Montgomery County. Montgomery County in its English language curriculum introduced a variety of “inclusive books” that at least I think it’s fair to say, celebrate at both same sex marriage and gender transitions. And of course, that’s at a fault line in our society, both about traditional religions–notice that the lead plaintiff in this case was a Muslim–all the Abrahamic religions, at least traditionally, I have affirmed opposite sex marriage and certainly a binary view of the sexes and an immutable view. And so this is in some sense a substantial challenge to that. And the Montgomery County had permitted previously religious parents to opt out of the curriculum but then decided that was too disruptive and prevented its objectives and said, well, your children have to attend this curriculum. We won’t give you notice of when these books are going to be read and they have to attend in any event. (10:49): And a group of a coalition of actually parents who are Christian, Jewish, and Muslim challenged this and said that this is a burden on our religious liberty and we should be able to opt our children out of this public school curriculum. And this was, I think, the major religion case of the term and it I think changed or at least may suggest even further changes in the doctrine of religious liberty and also I think is an important case sociologically and politically for reasons I’ll discuss. So let’s begin with it doctrinally. So doctrinally, what was important about the case was the idea that these celebrations could be a burden on religious liberty. And the argument here is really very similar oddly enough to cases in the establishment area in which, for instance, the court has said that school prayer, even at graduation can be a burden, can harm, can create an establishment of religion because there’s some coercion involved, there’s a captive audience. (12:05): And in this case, of course, it’s a very young captive audience that’s going to have trouble making its own decisions about whether or not the teacher is right, about whether the teacher and the curriculum is right about celebrating these matters. And the court also points out quite correctly that the instructional materials for the teachers really told them to shut down, effectively shut down discussion if someone said, “well, how can someone transition? This is a boy, a boy is a boy, a girl is a boy.” They were to say, “well, that’s a hurtful comment.” And that’s obviously a way of, in some sense a condemning a kind of religious perspective. And so that’s significant in itself. It suggests that, at least for children of tender age, the actual speech of the government can be a burden on religion. So that’s, I think, new and important. Secondly, doctrinally, the court relied on a case called Yoder. (13:08): You may remember this case. It’s a case in which the Amish challenged the obligation to send their children to high school as a burden on their religion because it would integrate their children into a modern way of life and pull them away from their religion. And that case is a famous case. The court upheld the right of th Amish to pull their children out of public school. And it did so despite the fact that that law was neutral in its application. It applied to all religions, people who are not religious, the high requirement to go to high school. And that might seem to be blessed by a case called Employment Division v. Smith, which allows neutral rules even if they do burden religion. And in this case, Justice Alito in his majority opinion said, well, of course they didn’t apply Smith in Yoder and we’re not going to apply it in burdens that look like Yoder. (14:12): He didn’t quite say what those burdens were. I guess one could say maybe burdens on children are those kinds of burdens. So that’s significant. I think it’s also maybe significant, as you may remember, that Justice Alito is no fan of Smith. He dissents, or he concurs in an opinion, and says that Smith should be overruled previously. And you might say, well, by making another exception to Smith, at least Justice Alito may be hoping to set it up for overruling because in stare decisis analysis, one way the court often overrules cases is this just, well, there’s been a lot of exceptions to this. It makes it hard to apply and therefore that’s another reason for thinking that the doctrine is wrong, that we can overrule it. So I think it’s very significant doctrinally. Of course, sociologically this case is enormously significant because this is a case about public schools and the curriculum of public schools. (15:16): And that is in some sense the fault line between this traditional, religious view of morality and a new morality that I think has come up. And the question is how far and this meme in the dissent, how far democracy demands that we allow, encourage new norms that are compatible with the way we think our democratic polity should live. And that is the big fault line here, and I don’t think it’s going away. And so that’s why it’s significant. One point I would make though is you might say that in one sense the liberals should be happy they lost this case because one of the pressures for school choice and homeschooling is precisely that religious people feel alienated from the public schools. And so if they feel more alienated, that’s going to make a greater pressure for homeschooling, which may well have to be constitutionally permitted. And school choice, which the court in a variety of decisions has said is all right. And you actually can have vouchers for religious schools. So in that sense, by making public schools more friendly to people of traditional religious views, it may take some of the steam out of the move to demand alternative schools or alternative structures for education. And that may actually be a democratic reinforcing aspect of this decision, which I don’t think is widely understood. James Patterson (16:59): Yeah, I wanted to get at this issue about the schools. What is it that the court really is always dealing with? Is it the court itself? Is it the laws where so much of the religious liberty case law has to do with schools like from Lemon v. Kurtzman to this one, you see it all based around school funding or the curriculum content. Why is it that religious liberty is so based around education minors? John McGinnis (17:29): I think it goes away. It’s really a political theory issue, I think ultimately, and two ideas of the enlightenment, I would go back far as to say that. So one idea of the enlightenment is very much liberal, decentralized ideas. So you might want to really encourage different sets of beliefs and so be protective of people’s right to opt out and to protect those beliefs to actually going back to other school decisions to give money in some sense to religious schools so long as you give it to all private schools. That’s one vision. But then there’s another enlightenment vision that goes back to Rousseau that really worries about education, actually says that education says that what we really have to do is prevent e…

    Full show notes at the publisher

    Woke Delusions Jun 30, 2025
    Show notes

    Although they understand themselves as missionaries to the marginalized, woke elites use their ideology of oppression to protect their own privilege and social status. Contributing Editor G. Patrick Lynch discusses these dynamics with Musa al-Gharbi, author of We Have Never Been Woke, and a shrewd diagnostician of elite hypocrisy. Related Links We Have Never Been Woke by Musa al-Gharbi“Questioning the Oppression Olympics,” by Jesse Smith (Review of We Have Never Been Woke) Transcript James Patterson (00:06): Welcome to the Law & Liberty Podcast. I’m your host, James Patterson. Law & Liberty is an online magazine featuring serious commentary on law, policy, books, and culture, and formed by a commitment to a society of free and responsible people living under the rule of law. Law & Liberty in this podcast are published by Liberty Fund. Patrick Lynch (00:39): Welcome to the Law & Liberty Podcast. I’m G. Patrick Lynch, a senior fellow at the Liberty Fund, and a contributing editor at Law & Liberty. And for this episode, I’m filling in for James Patterson. Today we’re joined by Musa al-Gharbi to discuss his critically acclaimed 2024 book, We Have Never Been Woke: The Cultural Contradictions of a New Elite published by Princeton University Press. To give our listeners some sense of the impact of the work, the book was listed by both the Wall Street Journal and Mother Jones of all places in their top books of year. Musa has discussed the book on numerous prominent podcasts and periodicals across the ideological spectrum. Musa is a sociologist in the school of Journalism and Communications at Stony Brook University. Musa, it is so great to have you on the Law & Liberty Podcast. Welcome. Musa al-Gharbi (01:23): It’s great to be here. Thank you so much for having me. Patrick Lynch (01:25): Thanks for coming. The book has just gotten a ton of a positive attention and I think very deservedly so. It’s well worth a read for our listeners and I strongly encourage you to pick a copy of it. Let’s jump right at the beginning and give the listeners some background. The key claim that you make is that there is a group of people, these woke folks who are very interested in categories, but they themselves are a category, and you use that term “symbolic capitalists” to describe who those folks are. Can you explain a little bit about what symbolic capitalism is, who symbolic capitalists are, and how they differ from other folks in the market system? Musa al-Gharbi (02:00): Sure, sure. The “we” in We Have Never Been Woke, is this group of folks that I call symbolic capitalists, as you said. So the term “symbolic capital” is from a Pierre Bourdieu, a different sociologist. And what Bourdieu argued is that symbolic capital were the resources that elites draw on to get other people to do what they want to conform with their preferences, but without stark coercion. So as people like Weber and so on have pointed out from beginning of the field of sociology, almost all social orders do in a deep sense, rely on some kind of consent. It’s actually very difficult to just coerce, to constantly surveil everyone in society, and to constantly be coercing them into doing what you want them to do is basically impossible. The only way that any social order persists is because huge shares of the population comply when they could choose not to. (02:54): And so symbolic capital are the resources that people at the upper ends of social distributions often rely on to get other people to do what they want, to follow their will to accord with their preferences. Bourdieu came up with three different forms of symbolic capital. So there’s political capital. That’s when you get people to do what you want based on your position in an organization and based on your reputation for getting things done and so on. So an example of people leveraging political capital would be, you should do this because I’m the manager, I told you to do this and I’m the manager, so you should do it because I’m the manager, right? So the place that you’re occupying in the social order creates this expectation of deference. And the same thing is true of parents talking to children, for instance and so on. (03:40): Then there’s cultural capital, which is when people try to do what you want, conform with your preferences because they think you’re cool or interested or sophisticated or cultured or they like you and they want you to like them, they want to ingratiate themselves with you. And then finally, there’s academic capital, which is when you try to get other people to defer to your preferences, to do what you want because you have some kind of knowledge that they don’t have because you’re tied to institutions of knowledge production. So people leverage their academic capital by emphasizing, for instance, that “I have a PhD in sociology,” or “I came from Columbia University,” or “I write for the New York Times.” So these are all examples of people trying to leverage academic capital. And I call these people symbolic capitalists because the main way that we make a living is by cultivating these different forms of symbolic capital and by leveraging that symbolic capital on behalf of ourselves and other people. (04:40): So who are symbolic capitalists? Symbolic capitalists are people who primarily make a living based on what they know, who they know, and how they’re known. They’re people who make a living by manipulating symbols and data, ideas and stuff like that, instead of producing physical goods and services to people. So if you think about people who work in fields like journalism, consulting, education, finance, things like this, these are all examples of symbolic capitalists. They’re people who make a living by manipulating symbols and data and ideas and stuff like that, instead of providing physical goods and services to people. Patrick Lynch (05:13): Historically, this group, well, first of all you claim this is not the first wave what we call wokeness, or that this group has some aspirations and uses, and tries to leverage its position throughout history, or at least in the last 150 years or a hundred, say 120 years. But historically, it seems like this group has become more homogeneous over the past 20 years, that it’s moved in a particular direction and it’s started to adopt a set of views. Why do you think that it’s moved towards adopting these views? And what do you think are the forces that are moving it towards what we now call “wokeism” in which you identify these sets of cultural expertise and the kind of call to power that gives them this leverage over other people? Musa al-Gharbi (05:59): Yeah, I mean, one of the things that’s really interesting about symbolic capitalists as a group is that we have this kind of longstanding relationship between the symbolic professions like law, higher ed journalism and so on, and social justice, narratives about social justice. So from the beginning of a lot of our professions in their recognizably modern form, when they started organizing as professions, if you look at symbolic capitalists today, and through most of our history, we get more pay than most other workers. We have a lot more prestige than most other workers. We have better benefits and working conditions, a lot of autonomy and freedom. As an academic, the freedom I have and how I structure my time and what I work on day to day, it’s truly wild. As someone who’s had normal jobs in the past, it’s truly insane. And from the beginning of our professions, this autonomy, this pay, this prestige, we’ve said, the reason you should give us these things is not for our own sake, but because if you give us these things, it’ll better empower us to help everyone in society, including, and especially the least among us. (07:06): A lot of our professions are explicitly defined in terms of altruism and serving the common good. So take my own profession, for instance. Journalists are supposed to speak truth to power and to be a voice for the voiceless. Academics are supposed to follow the truth wherever it leads and to tell the truth without worrying about anyone else’s political interests, their economic interests and so on. And so our professions are defined in terms of altruism and the common good. And when you look at the landscape of public opinion at who in America is most likely to self-identify as anti-racists, as feminists, as allies to L-G-B-T-Q, people as environmentalists and so on, environmental, it’s symbolic capitalists. And as a group, we overwhelmingly self-identify as some kind of left of center, either liberal or progressive or left or socialist, something that says “not right wing,” and politically we’re overwhelmingly and increasingly sorted into the Democratic party. (08:09): This wasn’t always the case. This is actually relatively recent, our longstanding cultural liberalism and so on has been a pretty persistent feature of the symbolic professions. But for a while, kind of where we sat on the Democrat-Republican spectrum was actually kind of volatile, but there was this kind of sorting that happened over time. So today within the parties and their ideology, symbolic capitalists are overwhelmingly something like five to one sorted into the Democratic party. And yeah, one of the things that’s interesting is that, as you said in some dimensions, symbolic capitalists have been getting more diverse than we used to be in the past. So, a lot of the professions when they were created, they were created as basically sinecures for white Anglo-Saxon Protestants. People who were not white Anglo-Saxon Protestants were forbidden from joining them. So black people, for instance, couldn’t be lawyers. (09:09): The American Bar Association excluded black people from taking part in the American Bar Association. And when black people tried to create their own legal associations because they couldn’t get into the ABA, the ABA worked aggressively to shut those down and so on and so forth. But there were these changes starting in the 1950s and 60s where women became, there was a passage of Title IX, BEOC, policies on sexual harassment and discrimination, things like this, so that a lot of the barriers that were set up to prevent women from joining the professions were eventually taken down. And the same thing is true for non-whites and so on. And so the professions today are more diverse than they were in the past. But critically, even today, these professions and these institutions tend to be significantly less diverse than most other workspaces. They’re actually, compared to most other workspaces, they’re actually much more hierarchical, much more exclusionary, and in many respects have been growing more so. Especially the reliance on degrees and elite degrees is this kind of important sorting mechanism. Patrick Lynch (10:12): And I think this is an important point for the listeners. So the way you think about diversity: it is not necessarily the case that it’s based exclusively on things like race and gender. It’s based on economic opportunities and backgrounds to some degree, unless I’m reading the book incorrectly. Musa al-Gharbi (10:29): Yeah, absolutely. Well, and they actually intersect in ways that are important and underexplored. For instance, a lot of programs like Affirmative Action were created as basically a kind of soft reparations program for American descendants of slaves. But look at who benefits the most from race targeted affirmative action policies. So, these are programs that were designed to provide social mobility for people who had been historically disadvantaged. They were designed to give a leg up to people who were American descendants of slaves. That’s not the way these policies actually function in practice. The primary beneficiaries of race targeted assistance, affirmative action programs, as I show in the book, tend to be black people who are already relatively affluent, whose parents were also highly educated and successful. So in practice, they primarily serve as ways to help elites who are not white reproduce and enhance their own elite positions. They actually don’t do a lot to help the genuinely disadvantaged. (11:32): And even when you look at which black people tend to benefit from these programs, even though they were programs that were created for American descendants of slaves, that’s actually the subset of black people who are least likely to benefit from the programs. And at elite universities and in knowledge economy professions, the people who benefit the most from admissions and hiring preferences for black people, for instance, tend to be Afro-Caribbean and recent African origin people, people who are of recent immigrant background, from the Caribbean, or from Kenya or Nigeria or places like that. So people who are not American descendants of slaves, and the people who are American descendants of slaves who benefit from the programs tend to be half white like myself. And this matters because biracial people have importantly different risk exposures, importantly different vulnerabilities, importantly different social networks and opportunity structures compared to monoracial non-immigrant black people. (12:30): And so, in practice, this is what you see with the beneficiaries of a lot of these programs. On its face, it’s already the case that a lot of these professions are actually less diverse than most other workplaces. But even the diversity that’s there is often misleading. So if you look at schools like Harvard, they’ll say, we have X percentage of students who are black. Well, the share of your students that are American descendants of slaves, which is the overwhelming majority of black population, is what most people think of when they hear “We have X number of students who are black.” That is not the population of students that you see at Harvard who are black. (13:17): And so these intersect in interesting ways, these kind of class things. The last thing I’ll say on this is that actually, this is one of the cases where in a lot of knowledge economy spaces, a lot of these symbolic economy hubs and institutions, there really are aggressive policies in place that tend to punish people who diverge from the kind of dominant left-aligned viewpoints on cultural issues especially, but even on other issues. Now, one of the things that’s striking about that is that the people who tend to suffer the most from these policies don’t tend to be people who are already privileged and overrepresented in these institutions. The people who belong to the dominant group at these institutions also tend to subscribe to the dominant viewpoint. That’s part of the reason it’s a dominant viewpoint, because it’s the viewpoint of the dominant group. (14:14): Again, if you look at the highly educated, relatively affluent urban and suburban white people who dominate a lot of these institutions, they are also the people who are the most likely to subscribe to these left-aligned cultural views. And so if you create an institution that’s hostile towards socially conservative views, towards religious views and so on, the people who tend to suffer the most from that, who are most likely to be punished, excluded, and so on, to face a hostile atmosphere, are people who are already underrepresented. So people who are of immigrant background, people who are of non-traditional academic backgrounds, people who are from lower income backgrounds, people who are ethnic minorities and so on. These tend to be the people who face the most hostile atmosphere. And we can see this when a lot of institutions create policies that are supposed to help that, often in the name of empowering minorities of various kinds. Minorities are often the people who suffer the most. (15:14): So for instance, a lot of knowledge economy institutions have created anonymous reporting systems. If someone says something that’s not in accordance with predominant…

    Full show notes at the publisher

    Sharp-Dressed Man Jun 02, 2025
    Show notes

    Driven in part by the revival of a classic knit sweater emblazoned with an American flag, “Ralph Lauren nationalism” has emerged as a trope among online talking-heads. Well-dressed political scientist Samuel Goldman is also known for his sharp takes on menswear. He joins host James Patterson to discuss his recent article for Compact magazine that tackled the concept. There may be something to the Ralph Lauren aesthetic that captures an essential quality of the American character, Goldman argues, but it’s not exactly what the highly-online chatterers think it is. Related Links “The Meaning of Ralph Lauren Nationalism” by Samuel Goldman Transcript James Patterson (00:06): Welcome to the Law & Liberty Podcast. I’m your host, James Patterson. Law & Liberty is an online magazine featuring serious commentary on law, policy, books, and culture, and formed by a commitment to a society of free and responsible people living under the rule of law. Law & Liberty and this podcast are published by Liberty Fund. Hello and welcome to the Law & Liberty Podcast. My name is James Patterson, contributing editor to Law & Liberty. Our guest today is Dr. Samuel Goldman. He is the associate professor of political science at George Washington University, as well as the executive director of the Loeb Institute for Religious Freedom and Democracy and director of the Politics and Values Program. He’s writtenGod’s Country: Christian Zionism in America, and his second book was After Nationalism. He has a third book on higher education, right? Is that right? Samuel Goldman (01:13): That’s right. Conservative Critics of Higher Education. James Patterson (01:16): Yes, there he is. So I guess it’s too late for me to say this, but Dr. Goldman, welcome to the Law & Liberty Podcast. Samuel Goldman (01:22): Thanks, James. It’s always a pleasure to talk to you, but especially on a subject of such pressing national importance. James Patterson (01:29): Exactly. So it is summertime, or it’s about to be, and so we don’t always need to be very serious, although this is in a way very serious for certain enthusiasts. But we’ll be talking about Sam Goldman’s article, “The Meaning of Ralph Lauren Nationalism,” published on April 25, 2025, for Compact Magazine. And why don’t we start with the big picture here, which is why is it so funny or so interesting that so many people are adopting a Ralph Lauren aesthetic given what Ralph Lauren was doing when he was creating that aesthetic? Samuel Goldman (02:10): So the piece sort of takes us its point of departure genre of tweets or memes that can be found on Twitter and probably other places as well that are tagged “Ralph Lauren nationalism,” and they have these images of beautiful models wearing tartans and tweeds and riding horses in the desert or in other improbable scenarios. And the implication is that this is something that has been lost. I was going to say, you open up a magazine, but of course we don’t do that anymore. You open up your browser and you get this algorithm that pushes advertising on you, and it depends what you click on, but you don’t see beautiful people in this exotic, yet also vaguely American fantasy world. And this is presented as sort of a conservative or even reactionary statement that what we have now is slop. It’s ugly, it’s stupid, it’s not even cosmopolitan. (03:24): It’s sort of the lowest common denominator, globalized. We used to have this proud aesthetic vision. And there’s some truth to that. But it’s interesting as I go on to argue in the piece, because what Ralph Lauren was really doing in the second half of the twentieth century, and especially in the ‘80s and ‘90s, was recreating or imagining a whole vision of America that was not reality and was not derived from his own experience of vaguely old money, WASP-y life. It was something that a Jewish kid from the Bronx created from movies and books and watching people on the street. And I draw reader’s attention to this not just as a sort of pedantic corrective about what Ralph Lauren was really doing, but also to suggest that this is the sort of cultural nationalism or cultural patriotism that we need. It is optimistic, it embraces freedom as a core American value. It’s not “pluralist” in the hard multicultural sense, but it is flexible and welcoming and open-ended. That’s a lot of what I and others like and admire about this country. So Ralph Lauren nationalism, yes, but I don’t think it means quite what some of the people who are making these memes believe. James Patterson (05:01): Yeah, there’s a sort of a “RETVRN to Tradition,” and that return is always spelled with a V. And the tradition of Ralph Lauren is, as you point out, actually a kind of freewheeling repurposing of even older men’s wear traditions that at the time of his doing that were considered pretty subversive. And so it’s odd that something that’s subversive, not really in a political sense, but just sort of upending a lot of norms in menswear would be something that would ever become conservative. So what is it that Ralph Lauren did to menswear that made it a contemporary aesthetic people long for again? Samuel Goldman (05:43): Well, so Ralph Lauren emerges as a cultural figure in the late ‘60s and early ‘70s, and this is the moment of real collapse in traditional standards of dress and behavior. You look at movies or photographs from 1960 and basically every man is wearing a suit and often a hat, women are wearing dresses and gloves. Just ten years later, the world looks very, very different. And there’s a passage in Saul Bellow’s great novel Mr. Sammler’s Planet. I allude to Bellow in the piece, where he describes riding a New York City bus in the late ‘60s, and he says, you can see everything: cowboys, Indians, Siberian hunters, but no longer the traditional Western bourgeois uniform that had been pretty stable for about a century before that. So this is the moment when Ralph Lauren emerges, and what he does is make elements of traditional clothing: tweed coats and suits and ties and shined shoes. But he makes them novel and appealing, and, it’s a cliche, but sexy again by drawing on what he had seen in the movies as a kid growing up in the Bronx in the ‘40s and ‘50s, his interest in Western and Native American culture, this sort of safari fantasia that he derived, I think probably from books of H. Rider Haggard or something like that, all of which were made into films. (07:44): And he makes this traditional clothing that had become very staid and boring and unappealing, something that people wanted to wear again. James Patterson (07:57): And it was bound up in a kind of restoration of a memory for who the Anglo-Protestants WASP-y types were and points of leisure and work when the bourgeois uniform, as you put it, had essentially domesticated and worn out a sense of a type of life, right? Everyone in a gray flannel suit with a white pocket square and a TV fold, and the most that you might get is a clip with your favorite college football team on the tie. This sort of new aesthetic was exciting, but it was also very American, unlike say, the Siberian hunter of Saul Bellow’s imagination. Samuel Goldman (08:44): Right? Well, what’s American about it I think is the indifference to rules. So just looking at the core tailoring in Ralph Lauren’s imagination, the suits and ties shirts and sport coats, a lot of that was derived from British sartorial culture. But in Britain there were very strict rules about what you could wear in certain settings and at certain times, and there are all of these anecdotes of people who committed these terrible faux pas because they were wearing the wrong tie in the wrong place. And part of I think the rebellion against these more traditional modes of dress was a resistance to that kind of regimentation and status enforcement. What Ralph Lauren did basically was just to put it all together in any way that he wanted, whether it corresponded to the traditional expectations for setting and time or not. So I’ve been talking about Ralph Lauren mostly as a guy who sold suits, and he did. But the more interesting things in the Ralph Lauren aesthetic are the way that he combined what were regarded as casual or sports or workwear with traditional tailoring, which is something that people do all the time now. It seems intuitive, but in the early seventies when Ralph Lauren was wearing, say, jeans, cowboy boots, a denim work shirt and an English style hacking jacket, so a kind of sport coat that was designed for riding horses. That was not something that people did, and that reflected this freedom that he asserted to put together things that he liked and believed were beautiful without caring about the social conventions. James Patterson (11:13): It’s funny then, so if you were on that bus and you saw that person you just described in that outfit, he would actually fit in with the other unusually dressed people, but we don’t see it that way because of the great success Ralph Lauren had in developing this uniquely American aesthetic. Another element to this story, and you’ve already alluded to it, is another really sort of American feature here is that Ralph Lauren isn’t a WASP, he’s a Jewish kid from the Bronx. Samuel Goldman (11:45): Right? Yeah. I was discussing this with someone on Twitter when the piece came out and he said something like, well, Ralph Lauren was just producing for the mass market things that WASPs had been wearing in gentleman’s clubs and on polo fields and so on, and there’s an element of truth to that. But it’s important to remember that Ralph Lauren had no personal experience of those things. As you say, he was a Jewish kid who grew up in the Bronx. So rather than sort of developing organically from his own social experience, his aesthetic was a pastiche of things he saw. In those days, you could walk around midtown and see well-dressed people and imitate them. That’s less true these days. Of the movies he watched, of the books he read, of the magazines that he browsed. So once again, I think the way to see this is as an act of imagination, almost a kind of collage, rather than simply a mass market version of something that already James Patterson (13:10): Existed. Yeah, there’s a kind of comparison made to the attire of one billionaire by the name of Elon Musk here. It says that he attended a cabinet meeting in a t-shirt, peacoat and baseball cap. Why does this not work when it worked for Ralph Lauren’s pastiche? Samuel Goldman (13:33): Well, I think in part it’s because Musk, as far as I can tell, and whatever his other qualities seem to be, absolutely, this is a mixed metaphor I guess, but tone deaf or colorblind when it comes to aesthetics. You only have to look at the Cyber Truck to sort of wonder what he thinks is beautiful. And that I think is consistent with his background in the tech world where not just casual dressing, but a kind of defiant sloppiness became a way of distinguishing oneself and also expressing superiority to the finance guys and the lawyers who wore suits. So there’s an element of trolling in Musk that I don’t perceive in Ralph Lauren. He wasn’t trying to provoke anyone. He was trying to look good as he understood it. But also Musk just seems indifferent as so many rich and powerful people do to questions of beauty or really any distinction between public and private. (14:57): And maybe that’s a kind of deeper issue that we could get at. It used to be believed until very recently that certain forms of dress and conduct were appropriate when you were presenting yourselves to others, even if they were not what you might choose by yourself or among friends and family. And I think we’ve lost that sense of public responsibility, not only in dress, but also in speech and manner. And I myself have been talking about doing things on Twitter, so I’m as guilty of this as anyone else, but social media probably plays a role in that and Musk, at least in his current incarnation, is a creature of social media, and that seems to be reflected in his choice of attire. James Patterson (15:53): There’s this kind of Hegelian decelsionism mentioned here in fashion terms in your article, he says, “As the writer, Bruce Boyer has pointed out change in men’s clothing since the French Revolution has followed a predictable arc, garments begin as military gear or sports clothing and then are adapted for less regimented pursuits. After a period of familiarization, formerly casual items become acceptable as business dress. A few decades later, old fashioned working attire shifts to evening or ceremonial purposes. Finally, the ceremonial wardrobe is relegated to servants where it may survive in anachronistic glory for a very long time. This cycle is the reason doormen and fancy buildings as sartorial enthusiast Tom Wolfe absorbed, observed, in Radical Chic dressed like 1870 Austrian colonels.” That is a paragraph that had me actually laughing to myself to the point I actually had to explain the article to my wife, this sort of decline that follows from this sort of militaristic to sweatshirt aesthetic. What is going on here? You implied earlier that it might be actually a show of power or show of authority that you can defy existing standards. Is that what’s happening? Samuel Goldman (17:19): Well, I think that’s certainly following up on your last question. I think that’s certainly part of the point that Musk was trying to make. And if you look in the photos of the cabinet meetings, most of the people present are wearing traditional business attire. And of course, Musk is saying, “I’m truly important. I don’t have to wear a uniform like the rest of you drones.” And the ability to defy rules is almost always an assertion of power or superiority. So I talk in the piece a little bit about one of the great inspirations and precursors to Ralph Lauren, the Duke of Windsor, formerly King Edward VIII, who developed a lot of aspects of the modern male wardrobe. And in doing that, he was breaking many of the rules that he was subject to in Edwardian England. So all sorts of things that now seem quite formal, like the flannel suits you mentioned a few minutes ago, flannel was regarded in the nineteenth century basically as athleisure. (18:39): I mean it was what you wore to play tennis, it was sweatpants. So for the Prince of Wales, then the King, then the Duke of Windsor to adopt flannel as an everyday business or quasi business material was like wearing sweatpants or flees. And we sort of miss that. If we look at the pictures and say, oh, well, everyone’s wearing a suit. It’s all so formal. In a sense it is, but standards are always changing. And it’s true that there’s this pattern that Bruce Boyer, whose work not only on clothing but also on music and other aspects of American culture, I highly recommend to everyone. There’s a cycle that goes back really to the French Revolution, which is when the aristocratic court no longer set the standard for men’s dress. Before the French Revolution roughly, to be well dressed was to dress the way you would dress in the court of the King of France. (19:48): And for obvious reasons that became less tenable after 1789. And since then, for almost 250 years, almost every innovation in men’s clothing has come either from the military or from sports. That’s where new forms of clothing come from. And there’s this sort of cycle where they start as uniform gear or sportswear, and then men, especially men of the upper class, start wearing those things outside their intended purposes. And there’s a reason for that, which I think connects to what we were saying about Musk. It’s a way of saying you don’t have a job or you don’t have the kind of job where people tell you what to wear. If you can come to work or conduct your regular day dressed in extracted bits of uniform or in what you would wear to engage in sports, what you’re saying is, I don’t really need to…

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    The Need for Neighborhoods May 19, 2025
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    Neighborhoods are one of the most important human support structures, argues Seth D. Kaplan. Yet modern politics, economics, and social habits all seem aligned to undermine them. Discussing his recent book, Fragile Neighborhoods, Kaplan explains why neighborhoods are irreplaceable sources of human community, and why they are often in such bad shape today. “No government or philanthropic program can replace the benefits that the day-in-day-out love of parents and the continuous support of the community provide. Social services may address material needs, and they may help mitigate specific problems after the fact, but they’re rarely equipped to provide the care, nurturing, and targeted discipline that a supportive family and community deliver.” Related Links Fragile Neighborhoods by Seth D. KaplanSeth D. Kaplan’s website Transcript James Patterson: Welcome to the Law & Liberty Podcast. I’m your host, James Patterson. Law & Liberty is an online magazine featuring serious commentary on law, policy, books, and culture, and formed by a commitment to a society of free and responsible people living under the rule of law. Law & Liberty in this podcast are published by Liberty Fund. Hello and welcome to the Law & Liberty Podcast. My name is James Patterson, contributing editor to Law & Liberty. With me today is my guest, Dr. Sty Kaplan. He’s a leading expert on fragile states and a professional lecturer in the Paul H. Nitze School of Advanced International Studies at Johns Hopkins University, senior Advisor for the Institute for Integrated Transitions and consultant to multilateral organizations such as the World Bank, US State Department, US Agency for International Development, and the OECD, as well as developing country governments and NGOs. And today we’re going to be talking about his recent book, Fragile Neighborhoods: Repairing American Society, One Zip Code at a Time. Dr. Kaplan, welcome to the Law & Liberty Podcast. Seth Kaplan: I’m grateful to be here. Thank you so much for the invitation. James Patterson: Yes. So I was introduced to your work at a panel back at the Ciceronian Society in March, and I found the book absolutely fascinating and very much speaks to my own experiences. I live in a very intentional Catholic community here in Ave Maria, and some of the things that you describe as missing in many communities are very much front and center here. And so the explanation of the contrast really helped me appreciate the differences you experience in these kinds of communities. So let’s start off with a narrative, and I want you to tell me, because the book really takes this narrative on in a very detailed but also fair way. So let’s say you’re a young woman who grows up in a religiously repressive Idaho town of 5,000 people. She is smart, academically successful, and at odds with the norms of her fellow townspeople. After graduating from high school, she attends a prestigious college far from home and meets people like herself, and graduates only to move to New York and work in a large corporation that shares her values and rejects those of her town. Meanwhile, she does everything she can to never return to the place where she grew up. Is this a happy story, or is this a sad story? Seth Kaplan: First, I would say it’s not great to think in terms of binaries. James Patterson: Yes, Seth Kaplan: She gained something and she lost something, and we need to think about, I would say in general, our debates are good and bad, and so I’m good, you’re bad, or however we want to frame things. It’s always binaries, but the world is complicated, and so she got more opportunity. She got to do things she might not have been able to do otherwise. She got certain freedoms she might’ve ended up materially better off. Again, New York, possibly not because New York is crowded and things are expensive and probably where she came from, she could have had a big house. So it’s not clear she gained materially, but she certainly gained in terms of a certain amount of freedom, an opportunity she might not have had. And she might’ve met people that she had closer, let’s say relationship with. But you have to also think what she lost. And I think that’s a lot of what we as a country have done. That’s almost what you gave us a metaphor I think, I wouldn’t say for the whole country, but for a part of the country, we lost this type of security blanket we might’ve had of people. If she does well in her career and she gets into the right networks and she gets the right her own personal support system and she goes step by step throughout her career with the right people around her, she could do great. There’s going to be people like her who made those choices and maybe don’t thrive as well end up without the friendships or the social support. What she lost was a support network, I might call it a security blanket that would protect her when she was down that would provide her with immediate institutions and relationships that would include everyone in that place. And she might’ve lost a sense of community. She might recreate it on a small scale. I would call that not quite a community, but she might have lost. She has a sense of meaning and purpose for herself, but a lot of people will take the path she might’ve that she took, they might’ve ended up with less meaning, less relationships. So I would just say there’s pluses and minuses and you’re presenting sort of again, a metaphor for how much of the country has evolved. And I think what that picture misses, it misses the people who didn’t end up well from taking the same choices. James Patterson: I think that, yeah, that was the impression that I got from finishing this book was that story is one that we often tell, but the ending is not always a happy one, but it’s also not unambiguously a bad one that there’s a lot of people who suffer quietly or experience trade-offs they didn’t anticipate. Right. They did not all end up Carrie Bradshaw in Sex and the City. Seth Kaplan: I mean for me, you’ve lost again. Again, we’re a diverse country. There’s a portion of people in which you can say good plus good. They’ve ended up much better. There’s a set of people in which the result is much more mixed. They’ve lost something important and they’ve traded for something else. And then there’s a group of people I think, which maybe they have some gains, but the losses you might say clearly outweigh the gains. And so I think it’s a much more mixed picture than we want to tell ourselves. James Patterson: So this gets us into the book itself, which helps broaden that picture and provide more detail than I think some of the more conventional narratives we tell ourselves or people tell each other. But let’s start with the basics here. What is a neighborhood and what roles does the neighborhood play in structuring American life? Seth Kaplan: Well, again, there’s no fixed definition. A neighborhood has to be like this, but I roughly think of it as five to 8,000 people. Again, it could be 2000, it could be maybe 10,000. It’s not 25, 50,000. So there’s a certain human scale, it’s walkable, an ideal neighborhood. And I have to say there’s parts of America that are built up with house, house, house, house, house. And there’s no, they’re not really neighborhoods, but an ideal neighborhood, has a sense of identity, has a sense of beginning and end, has a center, has a lot of place, unique institutions. I live in a real neighborhood, so we’re surrounded on three sides by green areas. There’s only three roads that come in, one in three different directions that take us in and out of the community. We have a center, not a beautiful, I wish it was beautiful, like small commercial district, like a parking lot with a bunch of stores. So we have the restaurant, everybody goes to the supermarket that we sort of don’t want to go to, but often end up at our own drug store, that type of, we have a dry cleaner, a barbershop, and we have lots. And so a good neighborhood has lots of institutions and activities happening in the place and you know, belong to this place. You have a feeling of community around the place. And I would say you could live in a part of America, house, house, house, no center, no beginning end, nothing that brings you together. And our neighborhood, I mean most of the kids go to one of several schools. So my daughter, my oldest is in seventh grade and probably about three-quarters of her classmates, she can walk to their home from our house 20 minutes, sometimes it’s 25, it’s a little bit longer. Closest starts literally I’m here, I go out at my front door and there’s two houses within one across the street and one, two houses down. Those aren’t her friends to be honest, but there’s a two other classmates within literally a stone’s throw of my front door and then she’s out a couple of best friends within three blocks. And then you go a little further, but a neighborhood has those things. The neighborhood’s imported because it’s uplifting you, that network effect, you need something. My wife goes away because her mother’s ill, I need help. And I got four neighbors, two mornings, two afternoons helping me take care of my kids, get them where they have to go. If I personally don’t need it, someone needs help with the job, there’s a neighbor’s going to help me. I need someone again, got to go pick up something, can someone, I mean if you live in a good neighborhood, there’s hundreds and hundreds of examples you can give of people stepping up and doing for one another. The woman down my street who knocks on the doors of people living alone, the person who runs some sort of career support system, the program for middle-aged kids that my daughter goes to every couple of weeks, whatever, that’s all happening in my neighborhood. So you’re gaining all these benefits and you’re also giving and you, you’re shaping yourself and being shaped by your neighborhood. James Patterson: So what makes a neighborhood fragile versus robust? This is of course part of the major thrust of the book. The range of neighborhoods would explain to me that maybe it’s not so much that they’re not in the right place, it’s more like there’s some other features such as especially family life. Seth Kaplan: Yes. Yeah. So I’ll give you a big picture and then I’ll break it down. So broadly speaking, there’s two buckets. I think they’re both for me a question of social disconnection and weak institutions. But case one is you go to a distressed neighborhood, 30 percent plus poverty levels, and you have a lot of family breakdown. You have probably outside of churches and maybe a public school, there’s no local institutions, there’s not really local businesses, there’s not really local civic associations. Families are weak, inter-family support networks are also weak. There’s a lot of mistrust, there’s not a lot of cooperation. And the places that are doing worse and have the worst social mobility is that type of place. People don’t check in on each other. It’s very isolating and material as well as social conditions are. And you often are disconnected from the rest of your city or area. Another bucket I would say is we’re materially well off. We have nice houses, nobody knows each other. No one is willing to do anything but sow their Instagram face to people. And they’re not like, I have a problem, I’m vulnerable. I might reach out to you and talk about my challenges and have some relationship and we share and we help each other. You don’t have that much of that. And so I would say when you look at lots of social problems that appear in middle-income or upper-income homes or neighborhoods, that’s likely because there’s not a supporting system around people based on relationships. Broadly speaking, both of those are caused to me by disconnection and a lack of local institutions. Our country’s full of these big systems of services. Services can’t build relationships, companies, nonprofits, government. If you don’t have local people connecting, stewarding places, supporting people, mentoring people, even classmates, you have a lot of negative downstream effects in my opinion. And so if you think about this problem, I think you could talk about lots of specifics, but broadly what I’m trying to say here is different types of institutions don’t exist and we are disconnected isolated from each other in various forms. James Patterson: On page 22 of the book, you have this account of purchase care reviewing some of the research by other people and how purchase care emerged as a substitute for parental care. And this occurs around the same time. We have an increasing number of women entering the workforce and families begin to experience higher rates of divorce in single motherhood. This isn’t a chapter that I did not expect to read, it’s on how the rich suffer from fragile neighborhoods. So you often have two earners. Sometimes these families break apart and even in the intact two-earner homes, they’re not getting the kind of neighborhood that you’d expect because so much of it has been outsourced. So why is it that we see fragile neighborhoods even among the rich? Is this why? Seth Kaplan: Well, first of all, we have a mindset that we outsource everything and we have a mindset that everything can be transactional and bought. And I would say I don’t want to compare the problems of the well off with the problems of the poor because clearly if you’re a child and you don’t even have a stable home, it is a different problem than if you have a stable home, but you have no care for that child. I don’t want to compare those problems because some of the kids end up on the street and their outcomes are quite different. But I would say the idea that you can have a society without love and a society without the strong social, I call it my security blanket. I walk out my door, I walk down the street, I feel a sense of joy. I literally feel a security blanket wrapping around me because I know hundreds of my neighbors, they’re not my friends, they’re like my community. Community and friends is not the same thing. We tend to think one is the same. A community is people that you may not be friends with but are there for you. And there’s an expectation that we take care of each other and we support each other. And I would say those people who are materially well off, but they’re alone or they’re isolated, your apps can do so much, your wallet can do so much, but kids that don’t have love, kids that grow up, that they’re basically being socialized by TV or by phones and maybe schools have become very vocational and there’s not an emphasis on relationships and community. With my kids’ schools, they are so focused on having a good experience, having fun, literally doing things together. And so much time on one level you might think is wasted on holidays or things that collaborative things or even part of what they do is go out and fundraise and do things like that for different activities. I mean that’s not very vocational, but this whole idea that we live with each other amongst each other and that we are more than ourselves, we have a greater meaning and purpose, and that we have expectations of each other’s and norms towards each other. It’s something that we forget. I think we’ve undervalued it. We see a lot of our social problems to me are downstream. Yes, we need social services, but if we don’t have strong community, strong social fabric, we will spend and spend and we will see social problems go up and up. And I think you see that I literally have a presentation somewhere where I look at all these social problems and the money goes up, the problems go up, and it’s more correlation and causation. I’m not always sure the services are causing the problems, but that means there’s something upstream from both that’s not working. And for me it’s the loss of the social fabric, the loss of the community and neighborhoods is the one prac…

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    Border Disorder May 05, 2025
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    Daniel DiMartino calls balls and strikes on the ongoing, highly partisan debate over immigration, legal and illegal. The border ought to be secure, and asylum limited to those who have a genuine need for it, he argues. But border policy ought always to be bound by law. When it comes to legal immigration, according to DiMartino, we do well to avoid an economics of nostalgia and should welcome the kind of immigration that adds to American life. DiMartino also recalls a recent run-in with the residual cancel culture at Columbia University. Related Links Daniel DiMartino on XDaniel DiMartino, “I’m an Immigrant and I’ve Done the Math. Here’s How to Fix Our Immigration System“ Transcript James Patterson: Welcome to the Law & Liberty Podcast. I’m your host, James Patterson. Law & Liberty is an online magazine featuring serious commentary on law, policy, books, and culture, and formed by a commitment to a society of free and responsible people living under the rule of law. Law & Liberty in this podcast are published by Liberty Fund. Hello and welcome to the Law & Liberty Podcast. My name is James Patterson and our guest today is Daniel DiMartino. He’s a PhD candidate economics at Columbia University, and a fellow at the Manhattan Institute. Focuses on immigration policy. He’s originally from Venezuela, so he is motivated to address the problems that come from socialism and the way that it distorts the common good or the pursuit of the common good and political freedom. His work has appeared in Fox News, CNN, USA Today, National Review, The Hill and the New York Post. He’s received fellowships from the Institute of Humane Studies and the Job Creators Network. He’s written on the subject we’ll be discussing today, that is immigration. But before we get to that, Mr. DiMartino, why don’t you tell us about a meeting you had at Columbia University? Daniel DiMartino: It’s funny, with everything going on at Columbia, them being on the public eye, because of the issues of both allowing discrimination against Jewish students, them discriminating against Jewish students and them discriminating in admissions against whites and Asians, as the Supreme Court case led to the changes in this affirmative action practices, they chose to call me into a mandatory meeting because I had been reported. I learned later multiple reports over what they allege was discriminatory harassment by me in the campus. And what that actually meant, I asked them what that was, what was the accusation? They didn’t tell me. They said we needed to meet. We did, and it was all over just posts on X. One of the posts reads, and I can tell you, “God does not teach us that we can change our gender. Period.” How harassing of me to state the truth. That was, by the way, responding to this female pastor that, at the inauguration was lecturing about transgenderism against President Trump and Vice President Vance. They said that it was excluding to other people to say that the decline of Christianity is because of the rise of secular ideologies like CRT, DEI, and even ethno-nationalism. It was wrong of me to praise Nikki Haley and Mike Pence for opposing gender surgery for minors. Oh, and it was of course also wrong for me to complain that gender-neutral bathrooms don’t have urinals, and therefore men have to wait longer in line. This really practical and normal opinions that I think 90 percent of the population perhaps agrees with me and certainly in the world, and this is what they chose to do. This is what they do with their new anti-discrimination policy. They go after conservatives. They’re not going after the people who are causing problems on campus, as you would expect, really from these institutions because they have been discriminated against us for decades. And you know what? I think that they chose the wrong time to do that. And so I am not going to silence myself. I told them what I believe, that I stand by what I said. I, by the way, I’m totally open to have said something that I don’t believe in or wrong. And I did tell them that, but after they showed me the allegations, I was like, “I mean, I really have nothing to change. These posts, are my opinion, are perfect.” James Patterson: Oh, I’m very sorry to hear you deal with that. We’ve had an interview with Ilya Shapiro at the law school at Georgetown. His book came out detailing how he had made a single post on X that got him in tremendous amounts of trouble. Daniel DiMartino: Oh, I know. James Patterson: Is this the story now, where there’s a kind of surveillance state on conservatives that managed to find their way into elite institutions and attempt to denigrate them? Daniel DiMartino: It is perhaps worse because it is based on anonymous reports. So essentially there is a witch hunt where all the members of the community, even people not affiliated with the university, are allowed to report members of the university for, in this case, what they consider to be hate speech. Right? Because remember, these are people who believe hate speech or whatever they call that is not covered by the First Amendment. And to be fair, Colombia is a private university, but it is a private university that receives federal funding. And the Trump administration has made it clear rightfully that they need to stop discriminating against conservatives and against Jewish students and of course against racial groups that they discriminated in hiring and admission and they need to stop doing all the DEI stuff that they were doing. And that’s not what Colombia did. In fact, I know Ilya well, he’s a colleague at MI and he helped me. He was one of the first people I called after I received that email from Colombia, and so he’s been very supportive. And it’s a shame, right? Because if these institutions just let us be, and I even told them to the Colombia staff in this meeting, “I just want to live my life. You just go and live your life. Let us be, we’re not harming anyone.” James Patterson: That’s sort of the nature of speech is that it’s different from harm and the attempt to conflate the two has made it so that you can weaponize these policies. But I think you’re right that this policy has kind of already peaked and maybe this is an effort to kind of bring back, or maybe they feel as though they’ve kind of slipped past on this issue or that you wouldn’t say anything. But what is it that you benefited from? I saw that you also reached out to the Fire. Have they been good for you on this? Daniel DiMartino: Yeah, they actually sent a preemptive letter even before the meeting to Colombia, because I already knew it was about some X post because I am very mindful of my in-person interactions. I knew it had nothing to do with anything I had done. And I was right indeed after the meeting. It was all about my posts on the social media X, and Fire sent them a letter to tell them to not retaliate against me for my speech. They did tell me in the meeting they were not going to take any disciplinary action. Maybe they’ll retaliate now after my article. I don’t know. And I understand that’s a risk I took by writing that. But what can they do to me? Expel me? Make the matters worse for them? I’m really tired. I know that this is a phrase you and I don’t like because it’s like a very non-con thing, like that they don’t know what time it is, but Colombia really doesn’t know what time it is. They don’t understand who is in power in the White House and the priorities of the administration when it comes to religious freedom, when it comes to racial discrimination, and when it comes to education. And so the best thing all these institutions can do for themselves is instead of fighting, they just need to stop discriminating against conservatives against people based on their race and uphold law and order. It’s really not that much that we’re asking for. James Patterson: And it’s not as though you were addressing yourself directly to a trans person in a classroom in an aggressive or challenging way. Right? Daniel DiMartino: Correct. James Patterson: This is just opining on X. Daniel DiMartino: Correct. I just said that I don’t believe men can become women and women can become men, essentially. And I repeated it in their faces to the staff because it is the truth, and I’m a student, that’s all I am. They said that people could feel afraid of walking on campus because of the opinions I have. And it’s funny to me because what share of the world’s population shares my opinion? Then they need to feel afraid of walking everywhere in the planet Earth because they overwhelming majority of people in the world, perhaps actually even higher shares outside the United States, believe that men cannot become women or vice versa. It was really all about that issue. And also one post about how I said that facial tattoos should actually mean you should be screened if you’re crossing the border illegally because that could indicate you’re a gang member. And I was talking specifically about the case of a woman who was a child sex trafficker indeed from Venezuela. And I said that you just had to see her to know she was dangerous. And I very much stand by my comments, and anybody who sees her picture of this criminal would agree with me. James Patterson: You have experience, being from Venezuela. How many of the people in the room that were on Colombia’s side seemed to have been from Venezuela? Daniel DiMartino: That is a good point. James Patterson: I don’t know if they quite have the expertise. You do. Daniel DiMartino: Yeah, that’s a good point. I just wish they were, these people were normal. It’s like they lived in a parallel world where saying these things is controversial. I almost feel like a joke saying that this is what got me into trouble because it’s a stupid thing to get into trouble for. People should not be getting into trouble for saying that men or women are different and cannot become each other. This has been the truth for thousands of years. So, well, it is what it is. Let’s see what they do. I hope they don’t do anything. And I hope that the Trump administration addresses, when they’re negotiating with these universities, the fact that conservatives in academia have been discriminated for a long time. And I’ve seen some people post on X that, especially Libertarians, that this is just DEI for conservatives. And I disagree. I disagree because this is not about them telling them that they need to hire conservatives, but universities have imposed DEI statements for hiring, for example. That’s effectively excluding conservatives, but it is by putting racist ideology as a litmus test to hire people. I don’t think if you receive federal funding, that complies with the Civil Rights Act, right? And if the Democrats like their Civil Rights Act, then they need to uphold these things in private institutions. Daniel DiMartino: Then they need to uphold these things in private institutions too. So that’s, on the one hand, the DEI statements. And then the other is it’s also about religion. If you cannot be hired by a university or admitted because you believe men and women are different, then there is no religious freedom in the United States. As simple as that. Anybody who is on the right, that’s a way to discriminate against people on the right, because that’s a belief that all of us have against people who are pro-life, against so many beliefs. And if they want to be able to do that, either they need to stop receiving federal funding or they need to repeal the Civil Rights Act. James Patterson: Very well said. And I hope that justice is done on your behalf rather than this continued star chamber treatment. I thought we were moving past this, but apparently not. I guess we’ll have to see. So let’s move on to the issue of immigration. There’s been a firestorm this week already in the treatment of Kilmar Abrego Garcia, who was deported to El Salvador. And Garcia had been here as, I believe, an illegal immigrant, but had received, is it a special status? Right? Daniel DiMartino: Yeah, I can explain. So he first was ordered deported. James Patterson: Yes. Daniel DiMartino: He entered illegally. He remained illegally. Yes, it’s true, he married a US citizen and has US citizen kids. But after 1996, if you entered illegally the country, you cannot fix your status even if you marry an American. Before 1996, you could. However, so he was arrested in an operation in which other people were arrested. He’s alleged to be an MS-13 gang member, and that’s what was entered in immigration court. There is no definitive proof. I can’t tell you if it’s true or not. But what I can tell you is that he ended up being granted, this is very curious, ended up being granted something called withholding of removal, which means he should still be deported, but he can’t be deported to El Salvador specifically, but he can be deported 20 other country, because the delegation is that he will be tortured in El Salvador specifically. But finally, the reason that they allege he could be tortured is because they would believe he’s an MS-13 member. But the law in the US did say that he could not be legally sent to El Salvador. They did send him. That was breaking immigration law. That is true. And the administration admitted it in their court filings. However, what they’re arguing now, and in El Salvador, after he was sent, he was indeed put in a prison without trial. And he could potentially remain there for the rest of his life without trial too. I will say if he’s indeed an MS-13 member, I have no problem with that. The question is whether he is an MS-13 member. And if he is, maybe they should do a trial. And if they do a trial in El Salvador, I would feel totally comfortable with him being there. Now, my concern is not as much with him as a person specifically, but more with the principle that the federal government is arguing in court to say that they cannot return him. They’re saying that because he’s outside the US, not because he’s a non-citizen, the US has no jurisdiction to force him to return. Does that mean that if an American citizen is deported to another country wrongfully, oops, there is nobody who can force the federal government to return him? That is a dangerous precedent to set. James Patterson: And the example of MS-13 members and a lot of Venezuelan immigrants, they travel through the Darien Gap, really dangerous on foot traveling, which requires a lot of encounters with other gang or organized crime activities, how representative of the American immigration is that? Or is there another side to American immigration that doesn’t get put on the front page? Daniel DiMartino: So this is another problem and it’s a concern that I have with all the reporting that’s been happening by the media on immigration. They’re highlighting a lot of cases that were also happening in the past, but they’re just doing it now because it’s a Trump administration. And so for example, I am very much sympathetic to the cases where there’s been a mistake. This happened a few weeks ago. They thought the media reported this case of this Lebanese national on an H-1B visa coming back from Lebanon on the airport or from France. And then she was deported and her visa was revoked. And then everybody immediately said, “Oh, this is Trump. It’s an attack.” Turns out she admitted in the port of entry to the CBP officer, this was not a government, Trump ordered or Stephen Miller. No, this was an individual government employee who was told by this individual that she went to Lebanon to mourn the death of the Hezbollah leader. That’s what she said. She volunteered the information. And then they took her phone after she said that and they found all the evidence that that was indeed the case. And so they returned her. Wow, common sense for the guy in the airport to return her, it sounds to me. But it’s a story that was then put in the media to scare legal immigrants. That is not a repres…

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    The SCOTUS Summer May 05, 2025
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    On the latest episode of the Law & Liberty Podcast, host James Patterson sits down with contributing editor John O. McGinnis and AEI’s Adam White to discuss what the Supreme Court’s latest rulings mean for the future of law in America. Show Notes: Adam White, Constitutionalism After Chevron (Monthly Forum)Adam White on SCOTUS and the Dobbs Decision, AEI’s Banter PodcastJohn O. McGinnis and Mike Rappaport, Originalism and the Good Constitution Law & Liberty Supreme Court coverage: Emancipating the Constitution from Non-Originalist PrecedentNet Choice and the “Big Tech” ScareJarkesy Rejuvenates JuriesMurthy‘s Maddening ModestyA Loper Bright Future for Statutory InterpretationA Specious Form of Judicial RestraintMoore‘s Unrealized Potential Full Transcript: James Patterson: Welcome to the Law & Liberty Podcast, I’m your host, James Patterson. Law & Liberty is an online magazine featuring serious commentary on law, policy, books, and culture informed by a commitment to a society of free and responsible people living under the rule of law. Law & Liberty and this podcast are published by Liberty Fund. Hello, and welcome to the Law & Liberty Podcast. Today is July 11th, 2024, and we will be having a panel discussion on the 2023 to 2024 Supreme Court decisions. Our two panelists are Mr. Adam White and Professor John O. McGinnis. Mr. White has a JD from Harvard Law School and a bachelor of business administration from the University of Iowa, and he is a Senior Fellow at the American Enterprise Institute where he focuses on the Supreme Court and the Administrative State. Concurrently he co-directs the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State. And Professor McGinnis is the George C. Dix Professor in Constitutional Law at Northwestern University. He’s a graduate of Harvard College and Harvard Law School where he was an Editor of the Harvard Law Review. He also has an MA degree from Balliol College, Oxford in philosophy and theology, and he also clerked at the US Court of Appeals DC among many other important posts. So, before beginning our discussion, listeners, I want you to know that we are going to be a little longer today because there’s a lot to cover, and this was a very big year. So, let’s get this big question out of the way. What happened with Loper Bright v. Raimondo? The consensus before the decision was that the Court would overturn Chevron deference, and then afterward we got this line about how well now we’re going to have Skidmore deference as a lifeline for government agencies against courts. So, Adam and then John, tell us what’s going on. Adam White: Well, that’s a great question, and it’s great to be here with my friend, John. It would take a long time, I think, to know fully what’s going on with this decision. As I warned in an essay for Law & Liberty a couple of months before the decision came out, we surely won’t know for months or maybe years what’s really in this decision just as we didn’t know for decades what was in Chevron itself. This case is really about, picking your own metaphor, the hydraulic forces, the gravitational pulls, whatever we want to call these institutional dynamics that Chevron and now Loper Bright and Relentless are rearranging. One thing I can say though, and this is how I framed it in a piece this week for The Dispatch, I think we can really recognize the Loper Bright decision as an end to administrative exceptionalism. This was a theme at the oral argument, certainly a theme in the majority opinion in Loper Bright, that what the Court has decided to do as statutory interpretation in the administrative state is just do what it does with statutory interpretation everywhere else. Everywhere in the law, there are ambiguities, always have been, James Madison reminded us of this in Federalist 37, there will always be ambiguity in the law, and the work of the judge is to try to resolve that ambiguity as best as possible, and as the Court put it in Loper Bright, find the best interpretation of even an ambiguous statute. So, now we’re going to see what that looks like in practice. As you mentioned, Skidmore is still on the books. We’ll see how that, whether you call it deference or weight or whatever, how that mindfulness of the agency’s own interpretations over the years plays into the Court’s own interpretation of the laws. We’ll see. But above all, what Loper Bright is doing here is trying to make administrative law less exceptional in the constitutional order. John McGinnis: Well, I agree completely with Adam. In fact, I would point out that at the Supreme Court, Chevron had not been cited to support a majority opinion for quite a long time, I think eight or nine years. And that’s because I think the Supreme Court has already become wary of administrative law exceptionalism and has allowed its view of, I think right answer formalism for statutory interpretation to envelop Chevron. Well, Chevron really only applied if there was some ambiguity, and you think that methods of interpretation mean there are really no irreducible ambiguities in statutes. It’s not at all clear what the function of Chevron is. I think the importance of it is less for the Supreme Court, which didn’t defer very much to agencies to begin with, but the lower courts. So, this will create an institutional structure in which lower courts, which actually did use the Chevron framework, I think partly because it got them out of some heavy lifting and hard work at times will have to confront statutory interpretation on their own. What hopes might come from that is a greater reticulation on actually the rules of statutory interpretation and a greater consensus on that. That’s the hope. The fear is that it will just lead to polarized statutory interpretation in the lower courts, particularly as I think we have a more polarized judiciary with the Trump and Biden judges. So, that’s the fear. With respect to Skidmore deference, I also completely agree with Adam. We certainly will see it on, and I think though that’s going to be a long time before the courts really distill what Skidmore deference means. And I think the hard question for Skidmore deference, which at least in the context where it gives some weight to expertise is what do the agencies have to do to show their expertise rather than politics? Because expertise makes some sense for epistemic deference, but if it’s politics, it’s all the more reason for the Supreme Court not to give the agency decisions anyway. So, let’s see what happens in that way. I think we’re going to see a lot of pushes and pulls on Skidmore. James Patterson: So, in this same year we had Loper Bright, we got the case of the Court shooting out another EPA regulation, this time Ohio v. EPA. This was a Biden plan to limit air pollution coming from the West to the East Coast. Is this the kind of jurisprudence we expect to see with a post-Chevron deference kind of interpretation or are these unrelated? John McGinnis: Well, I think they are related perhaps at a high level of generality, there may be skepticism about the idea that you can take politics out of the administrative state, and therefore in this case, in the first case, it’s the judiciary who should make the decision. In the second case, it’s the judiciary that should carefully review the process by which the agency comes to its decisions, even within the bounds of what statutory discretion it can have. So, in that sense, there’s a connection, but you might say that there’s some even tension between them because this was quite a case where the Court gave a pretty probing view on what the agency had to do with respect to process, and there’s been a whole movement, which is called the Administrative Procedure Act Originalism, which might’ve been doubtful about the decision in Ohio v. EPA was what essentially Ohio v. EPA focused a lot on is the agency’s failure to respond to comments. Some people, including Justice Kavanaugh on the Circuit Court, suggest that the agency really didn’t have that kind of strong obligation to respond to comments from those who commented in the notice and comment process. So, this case looks like what was called in the 1970s and 1980s, much more like a hard-look case. We’re going to make sure the agency is really deliberate it, and the way we’re going to police that is to make sure that its process of deliberation looks very sound. So, in that sense, I think it’s an important case, it suggests that the Court is not only going to be not deferential of course at all at the interpretation stage, but is going to be quite, I don’t know, persnickety would be the harsh term, but another way I guess putting it would be to be quite thoughtful, quite focused on whether the agency has shown that it is deliberated carefully enough. Adam White: I think that’s a really great point. It’s been interesting over recent years to see the ways in which the Court has ratcheted up procedural standards for agencies. We saw it during the Trump administration in an even harder-than-usual review of the citizenship question on the census, the Department of Commerce case, also in the DACA repeal case. But over and over again, we’ve seen the courts ratchet up, as I said, the procedural expectations that are placed on agencies. And part of that was built into the ever-evolving framework of Chevron, right? One of the reasons why Justice Scalia, who was a fan of Chevron, at least for most of his career, was so frustrated with decisions like Mead in these so-called Chevron/Step Zero cases was that it seemed to put a procedural overlay onto the framework for Chevron deference review. As John points out, Justice Kavanaugh might be the one who’s been the most explicitly critical of this. I’m thinking back to, maybe this is the case John’s thinking of too. In the DC Circuit case called American Radio Relay League v. FCC, we’re in a concurrence. Then Judge Kavanaugh pointed to a doctrine that in the DC Circuit, it’s called the Portland Cement Rule and said, “This is DC Circuit precedent, but what we’re asking the agencies to do here in terms of how far they need to go to respond to public comments in the notice and comment process, it’s really not explicitly required by the APA at all, and we ought to be very wary of adding to those requirements.” How that plays out in the aftermath of Chevron deference, I’ll be curious because by getting rid of the Chevron framework, obviously the Chevron/Step Zero component of these procedural requirements goes away. But in so many ways, the Roberts Court has tried to tighten up what the agencies are doing procedurally, and also, as John alluded to earlier, questions about agency expertise to the extent they come into play in the new post-Chevron interpretive framework. That’s going to raise real questions about how the agency shows its expertise. I tried to touch on this in that essay I did for Law & Liberty, but I think that’s one of the really underrated things that’s going to play out after Chevron is how the courts test for expertise in statutory interpretation and what kind of procedural requirements that either explicitly or implicitly imposes on the agencies. James Patterson: So, maybe we’re also seeing the courts come after agencies from another angle, namely they want the courts to remain the ones in charge here, namely the case is SEC v. Jarkesy, I’ve actually only read this name in which they seem to have done some pretty serious harm to the ability for these agencies to adjudicate questions internally. Adam White: Well, James, I suppose harm is in the eye of the defender. Some people would quibble with that characterization of it, folks who see this decision not as hurting the agency, but just putting it back in its proper institutional role. That’s kind of the connecting theme between the Jarkesy and the Loper Bright cases. It’s an analysis of the agency’s powers and the limits of those powers with an eye to the institutional role. It’s true that commissions like the SEC have a lot of power, and even after Loper Bright, they will have a lot of discretion in interpreting the law. They’ll have discretion over their procedures to some extent, and their factual findings may often be either binding or have some presumptive binding effect on judicial review. But one thing that the SEC can’t do is turn off our constitutional rights like a light switch, and that’s the basic holding of the Jarkesy case, that we have our constitutional jury rights in certain classes of cases regardless of the procedural vehicle that the agency or executive branch uses to enforce the laws against us. And so, it’s not so much harming the agency, just making sure that the agency is kept in its proper constitutional place. John McGinnis: So, I agree completely with Adam’s view, and so let me try to put another connection in between Loper Bright and the Jarkesy case because the Court’s term I think is not only interesting for substance, but for methodology. And so one question, an originalist court faces both originalists with respect to the Constitution and Jarkesy and originalist, perhaps with respect to statutes and certainly the Administrative Procedure Act, which was the basis of its decision in Loper Bright, is what in the world to do when there is precedent against you when there’s precedent that’s inconsistent with the original meaning of either the Constitution or the APA. I think there really are two ways of dealing with that, because two ways of dealing with it and not doing what is problematic in the law, really destroying a lot of reliance that people have had on past constitutional decisions. So, in the Jarkesy case, what we saw was the Supreme Court distinguishing Atlas Roofing and essentially saying … implying perhaps, “We’re not ruling Atlas Roofing, but we’re isolating it. We’re reading it narrowly because it’s inconsistent with the original meaning.” That’s one way of doing it, what I would call cutting back on non-originalist precedent. The Chevron case is interesting. We haven’t talked about the Chevron overruling case, Loper Bright is interesting because one of the things that Justice Roberts does just sort of Ipsy-Dix it says, “Well, all these previous decisions on regulation that have depended on Chevron were not disturbing.” And that’s another way I think of protecting precedent. It’s almost a more radical way, which I would call perspective overruling. We’re going to overrule things, and it’s going to change the law now, but it doesn’t mean that you can go back and change the law before. Those are two methods, and I think that’s an increasingly important discussion to have on an originalist court because there are all sorts of non-originalist precedents, non-originalist APA precedents, and non-originalist constitutional precedents. How is the Court going to confront them? In this term, I’d also point to Grants Pass as another example of that. That was the Eighth Amendment case where they said that the cities in California could apply their laws against camping against the homeless and also got rid or, carefully cabined a case which said you couldn’t penalize people for drunkenness and said, “Well, we can distinguish that case in any way. That case isn’t really very sound.” As an original matter, shows perhaps the way an originalist court is going to start moving the Constitution back to its original meaning without destroying the kind of reliance interests that have grown up around decisions that were quite non-originalist. Adam White: John, is it fair to loop in the case from about a decade ago, another separation of powers case, the Public Company Accounting Oversight Board case, the case where you had one independent agency within another independent agency and the Court held that we’re not going to second-guess Humphrey’s executor today, but we’re not going to allow agents Congress to go past Humphre…

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    Law, Legislation and Liberty Apr 21, 2025
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    This Liberty Law Talk is with philosopher Eric Mack on Friedrich Hayek’s 1973 magnum opus,Law, Legislation and Liberty. Hayek’s significant trilogy distinguishes between law and legislation, considers the appropriate rule of judges within a spontaneous order, observes the difficulties of even defining social justice, and attempts to set forth the principles of a new constitutional order for a free people. This conversation considers at length the major ideas that Hayek advances in his incredible work on the principles of law and just order.


    In the Rubble of Totalitarianism Apr 08, 2025
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    What Solzhenitsyn called “the ideological lie” was not limited to a single country, government, or movement. And it did not, unfortunately, die off in 1989. In his new book, Daniel Mahoney presents the lie as the replacement of traditional categories of “good and evil” with “progress and reaction,” a change that ripples through political and social ideas in a way that opens the door to the replacement of truth by an imposed, false reality. Though we shouldn’t pretend that America today approaches the kind of tyranny seen in the twentieth century, we should recognize that the totalitarian impulse is alive and well. Related Links The Persistence of the Ideological Lie by Daniel J. Mahoney Transcript James Patterson: Welcome to the Law & Liberty podcast. I’m your host, James Patterson. Law & Liberty is an online magazine featuring serious commentary on law, policy books, and culture and formed by a commitment to a society of free and responsible people living under the rule of law. Law & Liberty in this podcast are published by Liberty Fund. Hello and welcome to the Law & Liberty Podcast. My name is James Patterson, contributing editor to Law & Liberty. With me today is Daniel J. Mahoney, Professor Emeritus at Assumption University, a senior fellow at the Claremont Institute, and a senior writer here at Law & Liberty. And he has written extensively on statesmanship, French political thought, the art of political thought of Alexander Solzhenitsyn, conservatism, religion and politics, and various themes in political philosophy. His most recent books are The Conservative Foundations of the Liberal Order, The Other Solzhenitsyn, The Idol of Our Age, How Religion of Humanity Subverts Christianity—definitely one of my favorites—The Statesman as Thinker, and now most recently, The Persistence of the Ideological Lie: The Totalitarian Impulse Then and Now. Dr. Mahoney, welcome to the Law & Liberty Podcast. Daniel J. Mahoney: Oh, really happy to be here, James. James Patterson: I can’t believe those are starting just in 2011, you were a man of great, prolific writing. How do you do it? Daniel J. Mahoney: Well, I’ve always been somebody who is convinced that thinking and writing go hand in hand. And so I’ve always been an extremely avid reader. So from time to time, which is every couple of years, a theme comes upon me that needs to be addressed in a more thorough and systematic way, and I pursue that subject, or I often find myself already pursuing that subject. So I’m halfway done with a book when I realize this is a book. The other thing is I like to write, and I think I’m a pretty good writer, so that makes a big difference. The writing has never been a terribly strenuous activity for me, and that helps a lot when you’re the author of a fair amount of books. James Patterson: That’s right. And the subject in this one is the persistence of the ideological lie. For those who even know what that is, that’s normally something we associate with communism, something in the past. So maybe explain what the ideological lie as a concept is and what it has to do with the present. Daniel J. Mahoney: Yeah. One of the points I make in the book, and I’ve made quite emphatically, I think since the 1990s, is we never really learned the fundamental lessons to be learned from the ideological tragedies of the last two centuries. So you might think of the period 1789 to 1989, 1991, as an age dominated increasingly by ideological threats to political civilization and the moral inheritance of the civilized world, the Western world. And I think there was a tendency on, first of all, so many intellectuals cheerleaded for these active efforts at moral and civilizational subservience. The first political pilgrim was Tom Paine. Now, Tom Paine wasn’t a complete crazy by any means, but he suffered from a syndrome, which we would see over two centuries, “pas d’ennemis à gauche,” no enemies to the left, but he was a decent man. And he goes to France and he ends up in a Jacobin prison because he thought it was an extreme measure to arrest and try and eventually execute the king and the queen and the royal children. He wanted them to come to Pennsylvania to be Republican farmers. So we’ve always had intellectuals who thought that a more progressive and ideological version of modernity, what Eric Voegelin very suggestively is called modernity without restraint, would fulfill the promise of modernity and modern democracy. But if you look at the mainstream judgments about this ideological assault on civilization, you either had the cheerleaders who wanted democracy to become thoroughgoingly progressive. And as I say early on in the book, that was always linked to what Leo Strauss called the replacement of the perennial distinction between good and evil with the ideological distinction between progress and reaction. In other words, things were good because they were in accord with the logic of history, not because they were intrinsically meritorious or the opposite. All right, so we had these explanations. What was at stake in the age of totalitarianism, collectivism, the planned economy, dictatorship versus democracy. There’s an element of truth in all of that, but all of those explanations are superficial. And so when we come to the revolutions of 1989, the elite consensus was that this was simply the victory of a more efficient market order over a failed planned economy or the victory of human rights over dictatorship. No one or next to no one really got to the core of what the ideological subversion of political civilization was, what thoroughgoing modernity without restraint was. And it meant when I talk about the lie, which is a concept introduced by Solzhenitsyn and others, but very widespread among thinkers in the East, Havel, Benda, even some … Boris Pasternak speaks about it and Dr. Zhivago, something much worse than dictatorship. It was the demand that human beings pretend to live in a surreal world where language had lost meaning, where facts were negated, where the distinctions between truth and falsehood and fact and fiction were essentially eliminated. And where people spoke, the French called it a “langue de bois,” a wooden language, the entirety of everyday life became permeated by lies, not lies about this policy or lies about that, but fundamental lies about the nature of reality. So Eric Voegelin, who just happens to be better on totalitarianism than Leo Strauss, Leo Strauss, a contribution to the understanding of totalitarianism and it’s a good contribution, it’s a interpretation of a dialogue by Xenophon, the Hiero. Well, that’s a very indirect way of approaching the ideological lie. Voegelin spoke about the forcible imposition of a second reality on the only human condition we know. And I think that here we’re closer to the insights of Arendt in Origins of Totalitarianism of Orwell in 1984. Of course, the great fear all these guys had was that, in Orwell’s famous words, that the “boot” of such despotism could be stamping “on a human face—forever.” I don’t think that was ever a danger. I don’t think human nature can be fundamentally conquered once and for all, but it can be distorted, mutilated, suffocated. And I think we underestimated how long it would take for totalitarian regimes and societies to come out, to use Solzhenitsyn’s phrase “from the rubble” of totalitarianism. And we also underestimated the, well, long and short of it, what was the dominant, or at least an effort to make sense of the age of ideology and the West’s eventual victory, which had less to do with our virtues and more to do with the intrinsic failures of totalitarianism. The major explanation was Francis Fukuyama’s, and it was that—he gave a Hegelian-Marxism interpretation—we were on the winning side of history, and history has now come to an end. And so to quote Alexandre Kojève, the Hegelian-Marxism bureaucrat and philosopher who first theorized the end of history in a Cold War context, “The universal homogenous state, the final form of government, the final form of society was liberal democracy.” So it’s kind of an inverted Marxism. We’ve arrived at the end of history, but it’s not Marxist Leninism, it’s liberal democracy. Now, that was a very troubling and superficial analysis of events, but it showed as smart as Fukuyama was and as smart as philosophically informed as his thesis was, it was just wrong in every respect. James Patterson: So we end up with liberal democracy all the same, and yet we still have the ideological lie, which shows, as you were describing, is that the lie is not tied to a particular enterprise or government or even a particular people or culture, rather it’s almost like a temptation, and it seems to be an elite temptation to dominate with language. How does this emerge in Western liberal democracies after we’re supposed to have learned the lesson from the collapse of the Soviet Union in the Berlin Wall? Daniel J. Mahoney: I think our political and philosophical discourse is very confused, and I think it’s confused in part because we continue to use words like liberalism and liberal democracy to describe a intellectual, political, cultural order that has remarkably self-radicalized over the last 10 to 50, 60 years. I’m an unrepentant defender, an advocate of liberal democracy, but not liberalism as redefined by progressives. And I think this is what all of us underestimated, the remarkable capacity and propensity of even a liberal order to self-radicalize, and that means to adopt many of the tenets and traits and assumptions and presuppositions of the totalitarian enemy. I’ve already mentioned the growing replacement, the displacement of the perennial distinction between good and evil, with the ideological distinction between progress and reaction. You’ve entered a different moral and perhaps political universe when a liberal order is accompanied informed by that kind of … Democracies, as Pierre Manent said over and over again, “Do you really have a representative regime or a liberal regime when democracy is redefined, not to mean the self-government of a free or republican people, but the non-negotiable adherence to ever more extreme understandings of human autonomy?” The paradox of late decayed, late liberalism might be revealed in one of the mottos. The French soixante-huitards, the paradox of the new left in an extreme form in France where the Fifth Republic was almost toppled, was you had people on the one hand expressing political fealty not to the Soviet Union, which seemed boring and bureaucratic, one can’t get excited about Leonid Brezhnev, the Soviet General Secretary. So your attention was directed toward Caribbean communism, Castro, or the beautiful cultural revolution and then China. So you had these radical students, they were spoiled 21, 22-year-old bourgeois kids, privileged from with the best upbringing, privilege, with the best upbringings in the world and freedom and free state educations, screaming and yelling about the need to bring Maoism and Castroism to France. And yet, what was their motto as they were behind the barricades and they were trying to destroy the liberal university? As Raymond Aron pointed out at the time, “It is forbidden to forbid.” So imagine political totalitarianism, with this extreme cultural and moral antinomianism, and anything goes, and if you are in favor of maintaining an element of authority, not authoritarianism, but an element of authority, in the army, in the universities, in the churches, in the polity, you’re an enemy of democracy. I think that’s been the broad direction of the West … 1968 in France was an extreme version of it. I think 2020 in the United States was an extreme version of it, when you had upper middle-class people marching in the streets in support not of the dignity of Black Americans, which is a noble cause, but in favor of a movement and a slogan dedicated to the proposition that America was an irredeemably racist nation, that the police shot 15,000 people of color a year, that the police needed to be disbanded, which really means that the innocents and vulnerable people in the inner cities and all that are left at the ravages of gangs and criminals, et cetera. And this is not a new phenomenon, as I show in the book, the Russian intelligentsia, educated society in Russia, between 1860 and 1917 succumbed to this kind of madness. So yes, it’s an old problem, but it has resurfaced with particular virulence in recent years. And let me just add the final piece of the puzzle, and that is ideological Manichaeism. And what do I mean by that? It seems to me moderate liberalism, conservatism, biblical religion, classical political philosophy, all have in common, despite many theoretical differences, the view that human beings are imperfect, that wickedness cannot be expunged from the human condition, but only restricted within individuals and societies, that freedom needs to be accompanied by moral responsibility and self-limitation. And when that understanding comes under assault, beginning with the Jacobins in the French Revolution, continued by the Marxists, continued by various … In the twentieth century, we had these strange melanges, these mixtures of Freudian sexual emancipation with Marxist terrorism, with liberationist ideology. But it was always we know who the evil people are, and they’re evil less because of what they’ve done than because of who they are. And if you change the social system, if you get rid of those groups, classes or races … The Nazis, of course, had the obsession with the Jews and had an essentially racialist ideology. But leftist totalitarianism has always been an ideological Manichaeism centered around suspect classes or social categories. But I think what happened is after 1990, ’91, because we didn’t have a sufficiently vigorous analysis of what this age of ideology was about, there was never any challenge to either the facile distinction between progress or reaction and its accompaniment, the ideological Manichaeism that saw guilt in certain groups of people simply because of who they were, they were ontologically guilty. People like Shelby Steele, in the late ’80s and early ’90s, saying, this will only increase, in the form of American racialism, it’ll only lead to a backlash where we’re faced with real racism. If you tell young white men for 30, 40 years that they’re ontologically guilty and the source of all evil in the world, some of them are going to fight back in very unsavory ways without the dignity and restraint, let’s say, of the religious believers. So yeah, I think all those elements are there, but I think we have to go back to one of my opening remarks, that the utter and complete failure to really understand the totalitarian tragedy allowed ideological Manichaeism to resurge and to radicalize in ways that were perhaps as dangerous as the original forms of totalitarianism. And the disease was a disease within civil society. We’ve been very used to looking at totalitarianism in the state, oppressing civil society. But what happens when the totalitarian impulse comes to dominate so many institutions within civil society, like universities? James Patterson: Yeah. The problem really seems to surface in a conflation of issues that you mentioned, where we start with a principle of great moral importance, like racial justice, the establishment of due process and equal protection for Black Americans, which they had not had for a very long time under issues like Jim Crow, and conflating that to a very radical proposition about the 1619 Project. And the 1619 Project itself is tied up in this elite civil discourse, started in universities, and the worst part is that the 1619 Project forecloses the possibility of reaching this very important moral outcome, almost dooms the whole project of racial reconciliation and racial justice by condemning the country. What on Earth? Daniel J. Mahoney:…

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    The Pursuit of Ignorance? Mar 17, 2025
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    The drive to pursue wisdom is engrained in every human being, right? So many have believed. But in his new book, Ignorance and Bliss, Mark Lilla argues that a certain “will to ignorance” is also part of the human experience. Like Plato’s Thrasymachus, many in the modern world want to throw up their hands in resignation rather than commit themselves to the pursuit of truth. Lilla offers an explanation for this phenomenon, drawing on philosophy, religion, psychology, and history. He joins James Patterson to discuss the book. Related Links Ignorance and Bliss by Mark Lilla Transcript James M. Patterson: Welcome to the Law & Liberty Podcast. I’m your host, James Patterson. Law & Liberty is an online magazine featuring serious commentary on law, policy, books, and culture, and formed by a commitment to a society of free and responsible people living under the rule of law. Law & Liberty and this podcast are published by Liberty Fund. Our guest today is Professor Mark Lilla. He’s professor of humanities at Columbia University. Today, we’ll be talking about his book, Ignorance and Bliss: On Wanting Not to Know. Many of our listeners may be familiar with other works by Professor Lilla, including The Stillborn God and The Reactionary Mind. He has been prolific and influential in many of his works, and I don’t doubt that today, our discussion will show that his most recent work deserves as much attention as his previous. So Professor Lilla, welcome to the Law & Liberty Podcast. Mark Lilla: Very good to be here. Thank you. James M. Patterson: So, Professor Lilla, the book has a very provocative subtitle, “On Wanting Not to Know.” What is it about knowledge that poses a threat to human beings and why is it that sometimes we misunderstand that, especially those of us who are in what we might call the knowledge business? Mark Lilla: Yeah, well, as I try to suggest in the book that the struggle between wanting to know, curiosity, and wanting not to know, which is a resistance to knowledge, that those two forces are present in our minds all the time. And we go through life on the one hand, pushing on the accelerator, on the other pushing on the brake. And there are some good reasons for that that seem to be embedded just in the nature of human life and social life. But there are also ways in which it becomes pathological and it becomes pathological if we are resisting knowledge that’s important to know to make public decisions, for example. And it also can be threatening if it leads us to entertain various fantasies of finding an alternative to reason and also the fantasy of going back to an older utopia or a forward utopia rather than to confront the present. So it begins with us and it begins with our struggle over recognizing what we ourselves as individuals are. James M. Patterson: On page 14 of the book, you have a great typology of these sorts of figures. You say that one such illusion is a secret, esoteric way of being in the world that gives access to previous truths. Another is the vain hope of preserving our original innocence. And a third is the scape of the historical present to an imagined past bucolic simplicity. So let’s start with this secret, esoteric way of being. In what sense is this ignorance? Isn’t it supposed to be that there’s some sort of exclusive knowledge? Mark Lilla: Yeah, no, that’s the right question. And I see it as, in fact, a way of avoiding the hard work of sorting through our experience and coming to our own conclusions and also being skeptical of our own hypotheses and testing them. And so the mystical idea, and it takes on many forms, but the mystical idea is that reason is the problem and that the knowledge you think you have up to now is all error. And the reason is you, as a simple human with weak reason, are incapable of understanding fundamental things about human existence, about the cosmos, about ethics, or anything. And therefore you have to go through a process of emptying yourself of the false opinions that you have, shutting off the reason machine and then opening yourself to a revelation which can only enter if everything else is off. It’s like a hydraulic system. You can’t have both. And so on the one hand, the draw of the mystical experience is that it will give you truth once and for all, but truth-seeking is not a … You can’t retire from it. That to seek knowledge is also to test it and to keep trying to see if what you think is the case actually matches your experience and evidence and so on, whether it makes any logical sense. And so it’s a way of declaring victory and walking home. And that is not the way that you live a life in the light of truth, which requires a skeptical pursuit of it. James M. Patterson: One of the passages in the book that really got to me was this discussion. Now, make sure I get this right. Is it misologues? Is that how you wanted to? Mark Lilla: Mm-hmm. James M. Patterson: Yeah, whose sort of expression you give to Thrasymachus in Plato’s Republic, saying about him, Thrasymachus has snapped in his conversation with Socrates and the Republic, and he says that like many people, misologues are like many people in Thrasymachus, they like telling their own conversion stories. I once was naive about the world, but after X, the last election, the recent war, the endless scandals, the world’s indifference [to] fake news, I got wise. What’s so bad about this in terms of doing philosophy, these misologues, what do they do that’s so harmful? Mark Lilla: Well, the term misologues was actually coined by Plato in these dialogues to describe a certain sort of person. He makes a likeness with misanthropy and he says that the reason we become misanthropic is that we have various bad experiences with people and we put our hopes in them and they’re disappointed. And at a certain point we crack and we give up on the human race. And he said the same thing can happen with the exercise of reason. That if we try to understand something in the world and think that we do, only to discover that it’s false or some argument someone convinced us of also turns out to be false, we begin to think or we might start to begin to think that the enterprise itself is pointless, that all of this arguing and reason-giving and examination of evidence really is just undergone or it takes place because people want to occlude what is actually happening in the world. And so this character Thrasymachus is hearing arguments about justice and whether justice is worth choosing for its own sake. And Thrasymachus throws up his hands and he says, “This is a ridiculous conversation. We all know that justice is the advantage of the stronger.” And so then they go and have an argument about that and then Thrasymachus sort of pouts and shuts up until later on in the book. And so it’s when we lose faith in our quest for knowledge that we become susceptible to just any sorts of falsehoods and simply standing our ground, shutting the doors and windows of our little cabin, putting a barking dog outside the door so no new information can come in. And what connects these two things in Socrates’ view is what we lack is an art of judging the things that we’re engaged in. So for example, the reason we did get disappointed with people is not that people are somehow presenting themselves differently from the way they are, but rather that we lack the art of choosing and seeing which people are worth putting our trust in, even our love in, and won’t be disappointed. So there’s an art of an investing our emotions. Similarly, when it comes to arguments, people who engage in a little philosophy and throw up their hands and say it’s just a crock, don’t have the art of shaping arguments and understanding what they can and can’t do. And for Socrates, the most we can do is set out a hypothesis, put our chips on that to keep questioning it, keep looking for evidence that disconfirms it. And when we discover that it’s wrong and that there’s a superior argument or way of looking at the world, we should rejoice. But something in us doesn’t want to rejoice. We get attached to our arguments. And so it was very difficult to follow through in practice that philosophical art in the way that Socrates described it. James M. Patterson: That’s very true. When it comes to our attachments, there’s a sort of honor that comes with defending the position even to your own sort of intellectual death. There is also this great discussion here of veil snatching. I’m not sure how much this relates to the idea of a misologue, that’d be actually an interesting thing for you to talk about, but veil snatching is this story about being bound up in a desire to rip the veil off the statue of Isis in order to learn the truth. What happens when you rip that veil off? Mark Lilla: Well, the story is quite extraordinary, and it was fictionalized in a poem by Friedrich Schiller, the German poet, eighteenth century poet, and he imagines that a young man from Europe goes to Africa to Egypt and he wants to go to Sais, which is where apparently there’s a statue of the goddess Isis, who’s the holder of wisdom, but there’s a veil over her eyes because to see the truth, the whole truth, it had nothing but the truth all at once would be paralyzing and we’re not prepared for it. And therefore you have to go through, in the cult of Isis, you had to go through all sorts of training and learning different practices. You had to pay money to learn secret things. It was sort of a devotion in your life to this cult, hoping to be introduced slowly to wisdom. Well, this young man comes down and fired up by the ideas of the enlightenment, decides he wants truth with a capital T. That is, he thinks there is such a thing and he wants all of it all at once. And so he goes to this temple and the guardian there lets him in. And the young man says, “Have you never been tempted to pull the veil off?” And he was told by this shocked guardian that, “Oh, no one has never done that. The goddess has forbidden it, and terrible things will happen.” So that night, the young man goes to bed and can’t stand it anymore, runs to the temple, climbs over the wall, goes in, pulls up a ladder, goes up and pulls off the veil of Isis. And in the next morning, the guardian finds him on the floor unconscious and he’s finally able to wake up and he just babbles from then on. And he was never able to live a happy day thereafter and could not talk about the experience. And so it’s a fantastic story about taboos, how we in our cultures, establish them, both establish them and then try to tear them down at the same time. What’s going on there psychologically in relation to obtaining truth? So that’s another one of those examples like the mystic one of wanting everything all at once, but not wanting to conduct a philosophical life, which is a way of life and it’s a way of intellectual behavior. It’s not a single epiphanic experience. James M. Patterson: In these moments, our will to knowledge undergoes a subtle change no longer aimed at some practical end or inspired by wonder, no longer about the knowing. It is now entirely about the willing, the right to assert ourselves. That’s what you say about the veil snatcher, it has a rush of liberation. Is this what you mean when you talk about the people who wish to find a way to escape to our original innocence or feel free from tragic knowledge? Mark Lilla: Well, those things are all linked in those last chapters that when I talk about the myth of one-stop shopping for knowledge and obtaining it all at once, that’s one myth that tempts us to escape the hard work of coming to know. The second one is to idealize innocence and to somehow persuade ourselves that it is when we as individuals, were in our youngest state, that not only were we better because of it because we had no knowledge of good and evil, but also we were somehow also knowing more. We somehow lose something by growing up is the myth, I think. And so there’s a lot of projection onto children historically in ancient cults that use young children’s in their rites because they were thought to be a perfect medium between the gods and the believers. And it shows up in the story of Heidi, for example, and the way she is treated as a font of wisdom and changes a nasty old man’s life. And he starts smiling and singing and it’s a Hollywood ending. James M. Patterson: That was a surprising addition, I was going through all of this grand literature and Schiller and the Bible and suddenly Heidi shows up. That was a good moment for me. Mark Lilla: Yeah, well, it’s a good example. And then the last myth is that by returning to our social or cultural innocence, before the rise of the enlightenment, before the rise of modern technology and so on, we can make a leap back and restore everything to what it was, and life will be simpler and easier for us to understand. So these are escape hatches really out of the cave, but the image of the cave and the person who is being pulled up out into the sunlight to see in Plato’s Myth of the Cave, you can imagine there might be side doors on that path going up that seemed like an easy access, but they aren’t. They aren’t. James M. Patterson: One of the details in this, I should have actually opened with this now I think about it, there’s this very compelling retelling of the Plato’s Myth of the Cave at the beginning of the book, talking about someone escaping the cave and bringing someone with them. In this case you choose it’s a boy and the boy wants to go back. Did you choose the child for this reason that there’s these mythologies around children? Mark Lilla: Yeah, yeah, in part. And also, yeah, no, for that reason and also because he was less experienced. So for your listeners, the way I retell the story is that in the classic story, these people are in a cave looking at a wall. They see shadows, they think it’s reality, they’re shackled in a way that they can’t see anything else. And I update it by saying that they all have sort of virtual reality glasses around them. And someone comes in and taps them on the shoulder, pulls off the glasses, and they suddenly see where they are and realize in a flash that what they took to be reality is not reality and find themselves in this humiliating position. And so this person is invited to make the climb up into the sunlight where the forms are and so on. And in my version, he decides, he sees a little boy next to him and out of pity brings the little boy along too, saying that he should be able to see the light and they go up and they spend their time doing whatever one does out in the sunlight. Plato doesn’t tell us what happens up there, part contemplation and looking at the sun and some divided line and it’s all very mystical and obscure, but at a certain point the man is asked to go back down and bring someone up just as he had been brought up. And then the whole drama of that part is his eyes are used to the sun, he has to stumble down into the darkness. He doesn’t understand the darkness, he can’t see, people think he’s a fool. So that’s a picture of the philosopher when he goes back among the ignorant. And so knowing it was going to be difficult, the man told a little boy, well, he could stay up in the sunlight and the man would be back with someone soon. And the young boy immediately begins to cry and he falls on his knees and pulls at the cloak of the man and says, “I don’t want to leave. I can’t leave. I hate it up here.” And he proceeds to recount what he misses. “It’s sunny all the time. There’s never any shade. The forms are what they are.” He now understands reality and he knows that nothing else will ever be different. There’s no reason to play or imagine something else. There’s no reason to think you have something to discover in meeting someone else, establishing a friendship, or falling in love because you know everything. And so he misses, the little boy does, he misses dreaming…

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    Scrutinizing Christian Nationalism Mar 04, 2025
    Show notes

    “Christian Nationalism” splashes across headlines regularly. But there is no clear definition of it. Is it just an epithet? A concept used for partisan manipulation? A real trend in socio-religious thought in America? Mark David Hall, Miles Smith IV, and Daniel K. Williams offer different definitions, consider which ideas might be lumped into the category, and debate how it relates to American pluralism, historical Protestant political ideas, and contemporary populism. Related Links Who’s Afraid of Christian Nationalism by Mark David HallReligion and Republic by Miles Smith IVThe Politics of the Cross by Daniel K. Williams Transcript James Patterson: Welcome to the Law & Liberty Podcast. I’m your host, James Patterson. Law & Liberty is an online magazine featuring serious commentary on law, policy, books and culture, and formed by a commitment to a society of free and responsible people living under the rule of law. Law & Liberty in this podcast are published by Liberty Fund. Hello, you are listening to the Law & Liberty Podcast. I’m James Patterson, a contributing editor at Law & Liberty. Today we have a panel of guests to talk about whether Christian nationalism is in the past or if the subject matter still remains relevant, as well as to discuss what exactly the ideas of Christian nationalism are and how dangerous they are, if at all. And our first guest is assistant professor of History at Hillsdale College, Miles Smith IV, recently published, Religion and the Republic: Christian America from the Founding to the Civil War. It’s also a 2025 finalist for the Herbert J. Storing book prize. Our second guest is Mark David Hall, professor of government at Regent University. He just published not too long ago, Who’s Afraid of Christian Nationalism: Why Christian Nationalism Is Not an Existential Threat to America or the Church, so he gave away his position already. And of course, our third guest, Daniel K. Williams, visiting assistant professor at Ashland University and senior fellow at the Ashbrook Center. He’s written on the subject of the religious right. There’s God’s Own Party in 2010, The Pro-Life Movement Before Roe v. Wade in 2016, and The Election of the Evangelical: Jimmy Carter, Gerald Ford, and the Presidential Contest of 1976. What’s your most recent one? The Politics of the Cross: A Christian Alternative to Partisanship. These are people who have a very deep knowledge of this subject matter, starting with the founding through the Civil War, up to the present. With that long introduction out of the way. Gentlemen, thank you so much for coming onto the Law & Liberty Podcast. Miles Smith IV: Thanks, James. James Patterson: All right. I’ll start with a very basic question, but one that still seems to be difficult for people to answer. And I’ll start with Miles and then have Daniel and Mark chip in, which is what is Christian nationalist? Miles Smith IV: I don’t think it exists. I really don’t. I think that it’s a polemic that really has a lot more to do with partisan politics and any meaningful movement on the ground. And there’s a wonderful book about it written by one of my scholarly big brothers who I’m looking at right now, Mark Hall, who I think gives a good explanation of what it actually is. I think that if there is a big unitary idea of Christian nationalism, it doesn’t exist. I think there are people who claim the title for sure, but their views are really disparate. For example, you’ll have neo-Establishmentarian Calvinists claim the label. At the same time you’ll have some revivalist Pentecostals who have a completely different conception of church and state from those self-same Calvinists claim the title. And so it’s a bit like one of those words that’s gotten so big is to be essentially meaningless. And so I think it’s actually a useless definer. If eight different people who have eight pretty disparate visions of politics and call themselves something, I doubt it’s a useful term. I think a better term might be religious illiberals. And my friend Jerome Copulsky has written a very good book about this, and Jerome has, I think tapped into a better way of understanding what people are seeing than the myriad numbers of breathless books about Christian nationalism. James Patterson: We just had Jerome as a guest with Mark Noll, so we’re on the same page here. Sorry, Daniel and Mark. Daniel K. Williams: And I like that book too by Jerome Copulsky, American Heretics. I think it’s well worth reading. I’ll push back a little bit against Miles’s statement. I think that I do understand that this has been used very much as a pejorative term, a term of abuse, that’s its origins. And so anytime we see a term like that, we definitely need to be suspicious of it. And it has been used more to write people out of the conversation than to try to understand their point of view, so with all those caveats, which I think Miles’s statement reflects and that I would endorse, nevertheless, I would say that if we’re going to understand what people mean by Christian nationalism, I would want to try to understand what the people writing against it have said. And I think that we could say that broadly speaking, the Christian nationalist label has been applied to any group of people who see a Christian founding of the United States and want to return to that founding. Now, that of course encompasses a wide variety of perspectives. And as Miles pointed out correctly, I think in his own recent book, for most of the early nineteenth century before the Civil War, this was not a particularly controversial idea among most Protestants, that is most Protestants believed in church disestablishment. At the same time, they believed in a generically Protestant-based moral foundation for public virtue that should inform public life. And I think that most of what has been labeled Christian nationalism in the last 20 years is more akin to an attempt to revive something along those lines than to impose a true theocratic regime or even a Christian reconstructionist regime. And that said, the people who have openly embraced the label Christian nationalism as a protest have as Miles suggested, maybe moved beyond that early nineteenth century conception to something that is more akin to a category in Jerome Copulsky’s book of people who are rejecting the liberal order. But originally this idea of Christian nationalism as something to be feared, originated among people who had accepted the premise of a secular pluralism. That is they believed that in order to preserve a religiously diverse nation and a strong place for nonbelievers in that nation, that one had to separate all forms of religion from the state. And when they saw what they believed as a blurring of that very strong wall of separation idea, they labeled it as Christian nationalism. Since then, I think a number of progressive Christians, I would say, especially progressive evangelicals, have also begun using the term Christian nationalism as a way to push back against a particular conservative style of evangelical politics that they disagree with on the grounds that they would say, this is idolatry. That’s a common critique saying that Christian nationalists are people who have confused the kingdom of God with the United States of America, and they are therefore guilty of exalting the flag above Jesus or making Jesus into an American conservative. All those things have been expressed. Does the term have value? I think it definitely has had a place in public discourse over the last few years and even to a certain extent over the last 20 years, so I think it’s imperative for us to try to understand the various ways it’s been used. And if we don’t necessarily use the term ourselves all of the time, we can nevertheless try to make sense of the particular critiques and the presuppositions for which those critiques are proceeding that are expressed in this use of the term Christian nationalists to label other people. Mark David Hall: I’ll jump in if I may. I think it’s important to recognize that literally no one in America is using the phrase Christian nationalism until about 2006 when a steady stream of books started coming out by Michelle Goldberg, Katherine Stewart and Andrew Seidel and others. And they were describing a complete toxic mix, a mess. It’s Christians who want to take over America for Christ and favor white Christians above all others, so we want to bring back Jim Crow, we want to have religious illiberalism, we want women to be in the house and barefoot. And it’s literally that’s what book after book says, and these are mostly, I call them the polemical critics, often journalists or activists, but when we get academics involved, someone like a Whitehead and Perry define Christian nationalism as an ideology that idolizes and advocates a fusion of American civic life with a particular type of Christianian culture that includes assumptions of nativism, white supremacy, patriarchy, heteronormativity, divine sanction for authoritarian control and militarism and on and on they go. These are two academics that are purporting to measure this phenomenon they call Christian nationalism. And lo and behold, 51.9 percent of Americans fully or partially embrace this racist, sexist, toxic stew. And so I think the way in which it is so often used is just ridiculous. Now, Christians never cease to amaze me, and I’m a Christian myself. After Christian nationalism has been used in this way for almost 15 years, 2022, for the first time, you get people saying, “Oh, yeah. I’m a Christian Nationalist.” Marjorie Taylor Greene, Stephen Wolf, Torba and Isker, what a dumb decision. Why embrace this label that is simply a negative thing? One of the ironies of this is none of those academic type advocates actually are nationalists, they’re all localists. They don’t see any hope for the United States of America. And so I think the term is generally so misused that it’s almost useless. But I do want to agree with Daniel. In my book, I come up with what I think is a responsible definition of Christian nationalism, and I define in the American context, a Christian nationalist is one who believes that America was founded as a Christian nation and today that governments, state governments and the national government should favor Christianity above other religions. We should do things like have distinctively Christian prayers in public schools. Congress should formally declare America to be a Christian nation. They certainly support having a God we trust in their coins and things of that nature. And if this is what we mean by Christian nationalism, about 20 percent of Americans are Christian nationalists. And I’m against all those things I just mentioned, but let me point out that they have nothing to do with racism, sexism, militarism, and that sort of thing. James Patterson: We have a bit of a dispute over whether Christian nationalism even exists, but to the extent it exists, it doesn’t seem to be the primary mover behind what we might call Orthodox Protestantism broadly understood in politics. And we get a sense more of what that looks like and each of your works, Miles from the early Republic, Daniel and more contemporary activists and the alternatives that Mark David Hall puts forward. What is the kind of politics, if it’s not Christian nationalism? And I’ll start again with Miles because he has this tempting phrase about, was it religious institutionalism? Miles Smith IV: Yeah, I say Christian institutionalism. I think that I’ve got … Davenant and I are going to do another book to continue off this, but on the military is what the next one’s going to be on, Christian soldiers. James Patterson: Just for a second, could you say what Davenant is for the people at home? Miles Smith IV: Yeah, it’s The Davenant Institute, a Protestant think tank that I’ve been fortunate, we’ve done good stuff together. And so I published my work with their press and the cover was really pretty. The book may have been poo, but the cover was really pretty. But I think that one of the things that’s lost in this conversation, James has hinted at it, is the extent to which we associate religion and the church together. One of the things I liked about Mark’s last definition there is it’s really, there’s a desire … In as much as Christian nationalism is a thing, I think there’s a desire for a churchly nationalism that some of these folks are looking at. There’s this sensationalist pastor in Tennessee, his name’s Greg Locke, and a lot of the folks who look at this stuff zoom in on him because I think he has some sizable Pentecostal church that he pastors. But he one time said, “There’s no reason why the church shouldn’t govern America.” And I think that’s actually what people are seeing. There’s this implicit understanding that when people hear Christian nationalism … For example, if I were to say that, well, Christians naturally govern the United States, that might sound sensational, but in as much as I think somewhere in the order of 65 to 70 percent of the country identifies as Christians, it’s actually not that strange for me to say, well, Christians will probably govern the United States. When I change that to the Catholic Church should govern the United States, or the Presbyterian church should govern the United States, or the Baptist Church should govern the United States, that becomes a very different proposition. And so I think the churchliness of this conversation is something that gets missed. And I think it gets missed because for so many evangelicals, the church, an older understanding of the church gets blurred with what they do socially as religion and the nation broadly. And so I know that’s not necessarily answering your question, James, but I think it gets to at least why there’s confusion on it. And I think that what people are actually wanting for most of the people who would may flirt with Christian nationalism probably actually aren’t wanting the church to govern. They want some sort of Christian socio-moral order that they think is just normal society. Mark David Hall: I know almost no one who actually articulate this idea that the church should govern and not even our advocates of Christian nationalism think, I’m thinking of people like Stephen Wolf, Torba and Isker. They aren’t arguing for the church to govern. They clearly embrace an ocean of having a civic authority, maybe a Christian Prince who will rule over the church. The Christian Prince will be able to call church synods and judge their outcome and punish the lazy minister and that sort of thing. Ideas that I think are just horrific. To get at what you’re getting at though, Miles, I do think a lot of people respond affirmatively to this statement, “The federal government should advocate Christian values.” That’s one of the six statements that Whitehead and Perry used to measure Christian nationalism. And I think the vast majority of Christians would say yes, but they might mean different things by it. I cannot imagine that the Reverend Dr. Martin Luther King Jr. wouldn’t say yes to that statement, but of course you would be thinking about civil rights legislation. I would say yes to that statement, and I’m thinking about the protection of innocent unborn babies and religious liberty. And so I think a lot of people have no problem with the government acting to legislate Christian values, but they probably have … Well, we know what they have, very different understandings of what those values are. Daniel K. Williams: About two years ago I was asked to write a short piece in an encyclopedic handbook article on Protestant politics in American history. And I was trying to think, okay, in just a few thousand words, how do I cover all of Protestant politics for more than two centuries and do this justice? And so in reflecting on this, I thought I’ll start out with a couple paragraphs that first of all, acknow…

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