Free Republic

The yearslong effort to vanquish Donald Trump in court was a dismal failure. For liberals like me, it may be tempting to attribute the collapse of the various cases against him to convenient explanations of process or personnel. The more uncomfortable truth is that our search for political salvation primarily through the law has backfired. To oppose Mr. Trump in his second term, liberals must learn the lesson of this defeat, which is that there is no alternative to persuading our fellow citizens of our beliefs. For decades, liberals have made the mistake of prioritizing legal victories over popular ones....

Below is my column in the Wall Street Journal on the growing counter-constitutional movement in the United States. This assault on the Constitution is being led by law professors who have lost their faith in the defining principles and institutions of our Republic. Here is the column: Kamala Harris declared in Tuesday’s debate that a vote for her is a vote “to end the approach that is about attacking the foundations of our democracy ’cause you don’t like the outcome.” She was alluding to the 2021 Capitol riot, but she and her party are also attacking the foundations of our...

When liberals lose in the Supreme Court — as they increasingly have over the past half-century — they usually say that the justices got the Constitution wrong. But struggling over the Constitution has proved a dead end. The real need is not to reclaim the Constitution, as many would have it, but instead to reclaim America from constitutionalism.

Now we know, thanks to The Afghanistan Papers published in The Washington Post this past week, that U.S. policymakers doubted almost from the start that the two-decade-long Afghanistan war could ever succeed. Officials didn’t know who the enemy was and had little sense of what an achievable “victory” might look like. “We didn’t have the foggiest notion of what we were undertaking,” said Douglas Lute, the Army three-star general who oversaw the conflict from the White House during the administrations of George W. Bush and Barack Obama. And yet the war ground on, as if on autopilot. Obama inherited a...