Peter Berkowitz

470 posts

Peter Berkowitz

Peter Berkowitz

@BerkowitzPeter

Tad and Dianne Taube Senior Fellow, Hoover Institution, Stanford University

Katılım Kasım 2011
4 Takip Edilen3.3K Takipçiler
Peter Berkowitz
Peter Berkowitz@BerkowitzPeter·
"Palantir CTO: Political and Economic Freedom Sustain US Security," RealClearPolitics, March 15, 2026 Public opinion polls – to say nothing of the election last year of Zohran Mamdani, a member of the Democratic Socialists of America, as New York City mayor – indicate that support for socialism in America is rising, especially among Democrats and the young. For an influential segment of the American electorate, socialism’s abysmal track record has not stymied belief that, according to the DSA website, the people should “collectively own the key economic drivers that dominate our lives.” In practice that means that government should manage more of the economy. . . . realclearpolitics.com/articles/2026/…
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Peter Berkowitz
Peter Berkowitz@BerkowitzPeter·
"U.S.-Israel Joint Action Against Iran Is Just and Necessary," RealClearPolitics, March 8, 2026 Eight days ago the United States and Israel launched a just and necessary military campaign against the Islamic Republic of Iran aimed at eliminating the multifarious military threats posed by the world’s leading state sponsor of terror. . . . realclearpolitics.com/articles/2026/…
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Peter Berkowitz
Peter Berkowitz@BerkowitzPeter·
"Defense of the West Should Put Freedom First," RealClearPolitics, March 1, 2026 Within Trump world, Western civilization is making a comeback. The fateful question is whether Western civilization will make a comeback within Western civilization. At the 2025 Munich Security conference, Vice President JD Vance stridently criticized Europe for betraying free-speech principles central to Western civilization. Two weeks ago at the 2026 Munich National Security conference, Secretary of State Marco Rubio warmly reaffirmed that the U.S.-Europe alliance is rooted in, and must remain dedicated to, Western civilization. . . . realclearpolitics.com/articles/2026/…
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Peter Berkowitz
Peter Berkowitz@BerkowitzPeter·
"A Solid Core Enlivens Free Speech and Viewpoint Diversity," RealClearPolitics, Feb. 22, 2026 For decades, administrators and professors – especially at the nation’s most selective colleges and universities – have waged a campaign to regulate speech. Their contrived transgressions and expedients – trigger warnings, microaggressions, safe spaces, free-speech zones, bias response teams, and more – exposed higher education to public ridicule. . . . realclearpolitics.com/articles/2026/…
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Peter Berkowitz
Peter Berkowitz@BerkowitzPeter·
"Yoram Hazony Aggravates Discord on the American Right," RealClearPolitics, Feb. 8, 2026 In “Anti-Semitism and the American Right,” a speech he delivered at the Second International Conference on Anti-Semitism in Jerusalem in late January, Yoram Hazony leveled a grave charge at American Jews, Christian Zionists, and “liberal Republicans” – such as, in Hazony’s assessment, Sen. Lindsey Graham, former Secretary of State Mike Pompeo, and Sen. Ted Cruz. According to Hazony, the groups have failed to demonstrate that Tucker Carlson promulgates antisemitic sentiments and tropes. . . . realclearpolitics.com/articles/2026/…
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Peter Berkowitz
Peter Berkowitz@BerkowitzPeter·
"Not ‘Might Makes Right’ but ‘Might Should Serve Freedom,’" RealClearPolitics, February 1, 2026 Recently White House Deputy Chief of Staff for Policy Stephen Miller suggested that real adults know that might in foreign affairs makes right. The matter, though, is far from settled. Moreover, America’s founding principles and constitutional traditions reject that cynical assessment in favor of the notion that might should serve freedom. . . . realclearpolitics.com/articles/2026/…
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Peter Berkowitz
Peter Berkowitz@BerkowitzPeter·
"Declarations of Independence: Peter Berkowitz on America and Israel’s Origins and Evolutions," Hoover Institution, Stanford University, Jan. 9, 2026 hoover.org/research/decla…
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Peter Berkowitz
Peter Berkowitz@BerkowitzPeter·
It is a noteworthy feat when prominent law professors attack the U.S. Supreme Court as a corrupt institution that has outlived its usefulness. It is more noteworthy still when they criticize the highest court in the land on political grounds and without examining the Court’s legal reasoning. That is what Harvard Law School Professor Ryan Doerfler and Yale Law School Professor Samuel Moyn accomplish in “It’s time to accept that the US supreme court is illegitimate and must be replaced,” which appeared recently in The Guardian. Doerfler and Moyn contend that the Supreme Court is no longer “a neutral arbiter” operating “above the fray of partisan contestation.” Their proof, however, does not consist in showing that the Court’s legal analysis has gone astray but rather in reporting that the “public approval of the Court has collapsed.” The Harvard Law School professor and the Yale Law School professor complain that “the conservative justices seemingly no longer care what the public or the legal community think of the court’s actions.” According to Doerfler and Moyn, only a revolutionary response can effectively address the harm to the nation. “In Trump’s second term, the Republican-appointed majority on the supreme court has brought their institution to the brink of illegitimacy,” they write. “Far from pulling it back from the edge, our goal has to be to push it off.” So much for the traditional understanding of the U.S. Supreme Court as a counter-majoritarian check on popular will, as the guardian of constitutional limits and individual rights against shifting majority passions and interests. And so much for professors serving as scholars and teachers rather than functioning as activists. For Doerfler and Moyn, who align themselves with “left-leaning” interpretations of popular rule and who acknowledge that few ordinary citizens read the court’s opinions, legitimate Supreme Court judgments should follow majority preferences and law professors should take the lead in remaking bedrock constitutional institutions. The professors’ would-be transformation of the Supreme Court into a third political branch suggests an alternative explanation to theirs for the Court’s fall in public-opinion polls, if an explanation they somehow overlook. For decades, many law professors – along with professors from other disciplines and journalists, too – have promulgated the illiberal and anti-constitutional view that legal judgments that depart from progressive orthodoxy deserve little or no respect. This reduction of constitutional adjudication to partisan politics by the nation’s elite law professors encourages their students who go out into the world to clerk and practice law to treat legal institutions, statutes, and judicial decisions as instruments of politics by other means. It also influences ordinary citizens who imbibe watered-down versions of the professors’ radical views through traditional media and social media to judge the Court in strictly political terms. One wonders, though, whether the Harvard Law School professor and the Yale Law School professor really mean what they say. If, for example, majorities in the United States were to move closer to Harvard Law School Professor Adrian Vermeule’s view of common-good constitutionalism, which would empower the Supreme Court to enforce traditional morality, would Professors Doerfler and Moyn stand by their strident equation of Supreme Court legitimacy with majority preference?
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