Society & Culture

Donald Trump, the Court, and the Law

Is Donald Trump a Burkean?  Would Russell Kirk vote for him for president?  Can a paleoconservative legal scholar imagine any benefit to a Trump presidency?

Of course, the neoconservatives are piling on Trump.  Most notable was National Review’s January 21 issue, “Against Trump.”  “Trump,” say the editors, “is a philosophically unmoored political opportunist who would trash the broad conservative ideological consensus within the GOP in favor of a free-floating populism with strong-man overtones.”  Moreover, he “has shown no interest in limiting government, in reforming entitlements, or in the Constitution.”  If these charges were true, it would be difficult for anyone who cherishes deeply moored conservative principles to support Trump.  Our earliest and greatest founders maintained that there can be no order without law, no law without morality, and no morality without religion.  Kirk and Burke believed that.  Does Trump?

Roe v. Wade was one of the Supreme Court’s greatest mistakes, an unpardonable usurpation of the legislative power that belongs to the American people.  In today’s political environment, one can gauge where a candidate stands on this conservative view of law, morality, and religion by examining where he stands on abortion.  Reportedly, Trump once favored legalizing...

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