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Articles by Robert Clinton
Human Flourishing and Constitutional Democracy
Recently, I heard a friend who identifies as “progressive” complain that “there has never been any real progress in human history.” After being startled for a brief moment, I realized that I’d heard such statements before, usually from college students in political theory classes trying to convince me that liberal democracy was no improvement on some kind of tyranny.
The Dream World of Modern Intellectuals
Sixteen centuries ago, Saint Augustine elaborated a profound theory of human freedom that—though roundly dismissed or ignored by Enlightenment thinkers in modern times—deserves a rehearing in our time. Warning of the spiritual dangers entailed by thinking about human freedom apart from divine grace, Augustine expounded the meaning of freedom in its truest sense.
Herald articles point out lack of fiscal responsibility
Dear Editor, I found within the Thursday's, Jan. 25, 2024, edition of the Clinton Herald some quite interesting articles. First was front page article concerning the Dewitt Park lawsuit with a side discussion of the YWCA's continuing attempt to plunder this city park as well as the Clinton area's property taxpayers to provide transitional housing.
Never have I seen such division in Clinton
There are times in my life when I am not the best version of myself. Writing this letter may be one of them, but I feel it is important to express my opinion. I have lived in Clinton my whole life with family roots going back to 1854, so I have a real history of which I am proud. I have always worked for improvements in the city for present and future generations. Never have I seen such division in Clinton which is occurring over the fate of DeWitt Park for a homeless shelter.
Written and Unwritten Constitutions
Constitutionalism is universal for rational beings. Individuals—like societies—have to govern themselves. Some do it well, others do it badly; but everybody does it—if only by default. Some try hard to govern their desires, aversions, appetites, and emotions by reason, while others freely subordinate their reason to those forces. We often refer to these contrasting types as possessing distinctive “constitutions” that embody and reveal different modes of individual decision-making.
Local government needs more thought put into expenditures
Recently, there have been several Clinton Herald articles dealing with county supervisors talking about shortfalls in the tax revenue. Yet, two county supervisors still went ahead and approved the $500,000 payment of taxpayer funds to the YWCA money grab of federal tax dollars that local taxpayers have contributed to as well. What was not included in discussions was an unfunded future yearly budget with no visible means of finances to cover these expenses.
Democracy Can Be Trusted Because Citizens Can Be Trusted
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Democracy Can Be Trusted Because Citizens Can Be Trusted
In the wake of disappointment that the “red wave” never materialized after the 2022 midterm elections, some prominent conservatives expressed skepticism about democracy, citing historical failures to end slavery and abortion, suggesting that the culture war has been lost due to the electorate’s embrace of the tenets of the left, and even attacking universal suffrage. Frustration at the midterm results is understandable, but critiques of democracy tend to be shortsighted.
Dobbs and the Renewal of Federalism
Conservatives throughout the country and the world have celebrated in the aftermath of the Supreme Court’s historic decision in Dobbs v. Jackson Women’s Health Organization. If the ruling holds, it will certainly become one of the “landmark” rulings in the Court’s history. In his Public Discourse essay on Dobbs, Michael Stokes Paulsen concluded that “Dobbs may be the most important, magnificent, rightly decided Supreme Court case of all time. It is restorative of constitutional principle.
Soapbox: Mask mandates detrimental to school children, education
Country United States of AmericaUS Virgin IslandsUnited States Minor Outlying IslandsCanadaMexico, United Mexican StatesBahamas, Commonwealth of theCuba, Republic ofDominican RepublicHaiti, Republic ofJamaicaAfghanistanAlbania, People's Socialist Republic ofAlgeria, People's Democratic Republic ofAmerican SamoaAndorra, Principality ofAngola, Republic ofAnguillaAntarctica (the territory South of 60 deg S)Antigua and BarbudaArgentina, Argentine RepublicArmeniaArubaAustralia, Commonwealth...
Judicial Supremacy and Our Two Constitutions: Reflections on the Historical Record
Introduction: Our Two Constitutions Most people believe that the United States is governed by the Constitution of 1787, periodically adjusted or updated to accommodate new circumstances. Although this may be formally correct, the periodic adjustments and updates accomplished during the past century have carried us so far from the framework handed down by the Founding Fathers as to suggest that we are in fact being governed by an altogether different constitution.
Textual Literalism and Legal Positivism: On Bostock and the Western Legal Tradition
Much ink has been spilled about the Supreme Court’s decision in Bostock v.
College tours expose African-American culture
This year, 12 Contra Costa College students will tour some of the 101 historically black colleges and universities (HBCU). This year, 12 Contra Costa College students will tour some of the 101 historically black colleges and universities (HBCU). Hang on for a minute...we're trying to find some more stories you might like.
How the Court Became Supreme | Robert Lowry Clinton
The past half-century has witnessed the rise to prominence of a constitutional theory that gives the U.S. Supreme Court a virtual monopoly in American constitutional law. This theory grants the Court conclusive authority to determine the meaning of constitutional provisions—even those that empower the other, supposedly coequal, branches of the national government.
‘Mentor, friend’ inspires community
When an educator’s career comes to an end, the measure of its success is not the amount of money that was earned but how many lives were impacted for the better and the number of students who were inspired. For professor Sandra Everhart, the foundation of her career is fostered in improving the lives of faculty and students at Contra Costa College.
Petition urges sanctuary decision
In lieu of President-elect Donald Trump’s promise to eliminate Deferred Action for Childhood Arrivals and his pledge to deport three million undocumented people, administrators have been urged to create sanctuary campuses to protect undocumented students. The initial push to have the Contra Costa Community College District colleges listed as sanctuary campuses came by way of a Nov. 23 petition addressed to the Governing Board.
Lack of empathy disrespects all Native Americans
This week on television, feathered headdresses and face paint accompanied the beating of war drums in a show of solidarity against an outside invader intent on denigrating historically sacred soil, the deceptively named Progressive Field, home of the Cleveland Indians major league baseball team.
Punt, Pass, Kick Health Bowl promotes community
To adhere to the Healthy Eating and Active Living (HEAL) initiative that encompasses all of its citywide programs, the City of San Pablo held its Punt Pass and Kick (PPK) Health Bowl on Saturday at Comet Stadium. PPK offers boys and girls the opportunity to individually compete against their peers in punting, passing and kicking contests based on distance and accuracy.
Ted Cruz Is Not a 'Natural Born' Citizen According to the Constitution
As expected, the question of whether Sen. Ted Cruz is eligible to hold the office of the president based on his Canadian birth is now front-and-center thanks to Cruz's GOP presidential nominee rival Donald Trump. Constitutional scholars are dusting off their crystal balls as they are asked to discern what the Founding Fathers really meant by "natural born" citizen. Let me join the chorus of opinions by saying that based on the original framework of the Constitution and the 14th Amendment, Sen.
An Orwellian Warning for Conservatives
Almost eighty years ago, in The Road to Wigan Pier, George Orwell described the sorry condition of the English working class (both employed and unemployed) amid rising fascism in 1930s Europe. In the final chapters of his book, Orwell warned his fellow socialists of the need to reflect upon their unfavorable political situation, suggesting that socialism was doomed unless socialists took pains to understand what it was that non-socialists didn’t like about them.
Elitism and Judicial Supremacy
For years, I have been working on the problem of judicial supremacy—the idea that the courts have ultimate control of the Constitution. Judicial supremacy is a problem because the explanations offered by those who wish to justify it really don’t work. The Constitution certainly doesn’t justify it. Neither does Marbury v. Madison—the case usually trotted out for its support. A few months ago, I was attending a presentation by one of my colleagues on American elections.
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