Justice Kennedy’s Memoir Illustrates The Shortcomings Of Flaky Conservative Jurisprudence
Kennedy's style of judicial interpretation is one that too often deviates from what the Constitution requires.Something is breaking in America’s young people. You can feel it in every headline, every grocery bill, every young voice quietly asking if the American dream still means anything at all.
For many, the promise of America — work hard, build something that lasts, and give the next generation a better start — feels like it no longer exists. Home ownership and stability have become luxuries for a fortunate few.
Capitalism is not a perfect system. It is flawed because people are flawed, but it remains the only system that rewards creativity and effort rather than punishing them.
In that vacuum of hope, a new promise has begun to rise — one that sounds compassionate, equal, and fair. The promise of socialism.
When the American dream becomes a checklist of things few can afford — a home, a car, two children, even a little peace — disappointment quickly turns to resentment. The average first-time homebuyer is now 40 years old. Debt lasts longer than marriages. The cost of living rises faster than opportunity.
For a generation that has never seen the system truly work, capitalism feels like a rigged game built to protect those already at the top.
That is where socialism finds its audience. It presents itself as fairness for the forgotten and justice for the disillusioned. It speaks softly at first, offering equality, compassion, and control disguised as care.
We are seeing that illusion play out now in New York City, where Zohran Mamdani — an open socialist — has won a major political victory. The same ideology that once hid behind euphemisms now campaigns openly throughout America’s once-great cities. And for many who feel left behind, it sounds like salvation.
But what socialism calls fairness is submission dressed as virtue. What it calls order is obedience. Once the system begins to replace personal responsibility with collective dependence, the erosion of liberty is only a matter of time.
Socialism is not a destination; it is a bridge. Karl Marx described it as the necessary transition to communism — the scaffolding that builds the total state. Under socialism, people are taught to obey. Under communism, they forget that any other options exist.
History tells the story clearly. Russia, China, Cambodia, Cuba — each promised equality and delivered misery. One hundred million lives were lost, not because socialism failed, but because it succeeded at what it was designed to do: make the state supreme and the individual expendable.
Today’s advocates insist their version will be different — democratic, modern, and kind. They often cite Sweden as an example, but Sweden’s prosperity was never born of socialism. It grew out of capitalism, self-reliance, and a shared moral culture. Now that system is cracking under the weight of bureaucracy and division.
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The real issue is not economic but moral. Socialism begins with a lie about human nature — that people exist for the collective and that the collective knows better than the individual.
This lie is contrary to the truths on which America was founded — that rights come not from government’s authority, but from God’s. Once government replaces that authority, compassion becomes control, and freedom becomes permission.
Young Americans have many reasons to be frustrated. They were told to study, work hard, and follow the rules — and many did, only to find the goalposts moved again and again. But tearing down the entire house does not make it fairer; it only leaves everyone standing in the rubble.
Capitalism is not a perfect system. It is flawed because people are flawed, but it remains the only system that rewards creativity and effort rather than punishing them. The answer is not revolution but renewal — moral, cultural, and spiritual.
It means restoring honesty to markets, integrity to government, and faith to the heart of our nation. A people who forsake God will always turn to government for salvation, and that road always ends in dependency and decay.
Freedom demands something of us. It requires faith, discipline, and courage. It expects citizens to govern themselves before others govern them. That is the truth this generation deserves to hear again — that liberty is not a gift from the state but a calling from God.
Socialism always begins with promises and ends with permission. It tells you what to drive, what to say, what to believe, all in the name of fairness. But real fairness is not everyone sharing the same chains — it is everyone having the same chance.
The American dream was never about guarantees. It was about the right to try, to fail, and try again. That freedom built the most prosperous nation in history, and it can do so again if we remember that liberty is not a handout but a duty.
Socialism does not offer salvation. It requires subservience.
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Our movement is at a crossroads, and the question before us is simple: What does it mean to be a conservative in America today?
For years, we have been told what we are against — against the left, against wokeism, against decline. But opposition alone does not define a movement, and it certainly does not define a moral vision.
We are not here to cling to the past or wallow in grievance. We are not the movement of rage. We are the movement of reason and hope.
The media, as usual, are eager to supply their own answer. The New York Times recently suggested that Nick Fuentes represents the “future” of conservatism. That’s nonsense — a distortion of both truth and tradition. Fuentes and those like him do not represent American conservatism. They represent its counterfeit.
Real conservatism is not rage. It is reverence. It does not treat the past as a museum, but as a teacher. America’s founders asked us to preserve their principles and improve upon their practice. That means understanding what we are conserving — a living covenant, not a relic.
In 2025, conservatism means stewardship — of a nation, a culture, and a moral inheritance too precious to abandon. To conserve is not to freeze history. It is to stand guard over what is essential. We are custodians of an experiment in liberty that rests on the belief that rights come not from kings or Congress, but from the Creator.
That belief built this country. It will be what saves it. The Constitution is a covenant between generations. Conservatism is the duty to keep that covenant alive — to preserve what works, correct what fails, and pass on both wisdom and freedom to those who come next.
Economics, culture, and morality are inseparable. Debt is not only fiscal; it is moral. Spending what belongs to the unborn is theft. Dependence is not compassion; it is weakness parading as virtue. A society that trades responsibility for comfort teaches citizens how to live as slaves.
Freedom without virtue is not freedom; it is chaos. A culture that mocks faith cannot defend liberty, and a nation that rejects truth cannot sustain justice. Conservatism must again become the moral compass of a disoriented people, reminding America that liberty survives only when anchored to virtue.
We cannot define ourselves by what we oppose. We must build families, communities, and institutions that endure. Government is broken because education is broken, and education is broken because we abandoned the formation of the mind and the soul. The work ahead is competence, not cynicism.
Conservatives should embrace innovation and technology while rejecting the chaos of Silicon Valley. Progress must not come at the expense of principle. Technology must strengthen people, not replace them. Artificial intelligence should remain a servant, never a master. The true strength of a nation is not measured by data or bureaucracy, but by the quiet webs of family, faith, and service that hold communities together. When Washington falters — and it will — those neighborhoods must stand.
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This is the real work of conservatism: to conserve what is good and true and to reform what has decayed. It is not about slogans; it is about stewardship — the patient labor of building a civilization that remembers what it stands for.
We are not here to cling to the past or wallow in grievance. We are not the movement of rage. We are the movement of reason and hope.
For the rising generation, conservatism cannot be nostalgia. It must be more than a memory of 9/11 or admiration for a Reagan era they never lived through. Many young Americans did not experience those moments — and they should not have to in order to grasp the lessons they taught and the truths they embodied. The next chapter is not about preserving relics but renewing purpose. It must speak to conviction, not cynicism; to moral clarity, not despair.
Young people are searching for meaning in a culture that mocks truth and empties life of purpose. Conservatism should be the moral compass that reminds them freedom is responsibility and that faith, family, and moral courage remain the surest rebellions against hopelessness.
To be a conservative in 2025 is to defend the enduring principles of American liberty while stewarding the culture, the economy, and the spirit of a free people. It is to stand for truth when truth is unfashionable and to guard moral order when the world celebrates chaos.
We are not merely holding the torch. We are relighting it.
For decades, Americans have been told that climate change is an imminent apocalypse — the existential threat that justifies every intrusion into our lives, from banning gas stoves to rationing energy to tracking personal “carbon scores.”
Microsoft co-founder Bill Gates helped lead that charge. He warned repeatedly that the “climate disaster” would be the greatest crisis humanity would ever face. He invested billions in green technology and demanded the world reach net-zero emissions by 2050 “to avoid catastrophe.”
The global contest is no longer over barrels and pipelines — it is over who gets to flip the digital switch.
Now, suddenly, he wants everyone to relax: Climate change “will not lead to humanity’s demise” after all.
Gates was making less of a scientific statement and more of a strategic pivot. When elites retire a crisis, it’s never because the threat is gone — it’s because a better one has replaced it. And something else has indeed arrived — something the ruling class finds more useful than fear of the weather.
The same day Gates downshifted the doomsday rhetoric, Amazon announced it would pay warehouse workers $30 an hour — while laying off 30,000 people because artificial intelligence will soon do their jobs.
Climate panic was the warm-up. AI control is the main event.
The world once revolved around oil and gas. Today, it revolves around the electricity demanded by server farms, the chips that power machine learning, and the data that can be used to manipulate or silence entire populations. The global contest is no longer over barrels and pipelines — it is over who gets to flip the digital switch. Whoever controls energy now controls information. And whoever controls information controls civilization.
Climate alarmism gave elites a pretext to centralize power over energy. Artificial intelligence gives them a mechanism to centralize power over people. The future battles will not be about carbon — they will be about control.
Americans are already being pushed into what look like two opposing movements, but both leave the individual powerless.
The first is the technocratic empire being constructed in the name of innovation. In its vision, human work will be replaced by machines, and digital permissions will subsume personal autonomy.
Government and corporations merge into a single authority. Your identity, finances, medical decisions, and speech rights become access points monitored by biometric scanners and enforced by automated gatekeepers. Every step, purchase, and opinion is tracked under the noble banner of “efficiency.”
The second is the green de-growth utopia being marketed as “compassion.” In this vision, prosperity itself becomes immoral. You will own less because “the planet” requires it. Elites will redesign cities so life cannot extend beyond a 15-minute walking radius, restrict movement to save the Earth, and ration resources to curb “excess.” It promises community and simplicity, but ultimately delivers enforced scarcity. Freedom withers when surviving becomes a collective permission rather than an individual right.
Both futures demand that citizens become manageable — either automated out of society or tightly regulated within it. The ruling class will embrace whichever version gives them the most leverage in any given moment.
Climate panic was losing its grip. AI dependency — and the obedience it creates — is far more potent.
A third path exists, but it is the one today’s elites fear most: the path laid out in our Constitution. The founders built a system that assumes human beings are not subjects to be monitored or managed, but moral agents equipped by God with rights no government — and no algorithm — can override.
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That idea remains the most “disruptive technology” in history. It shattered the belief that people need kings or experts or global committees telling them how to live. No wonder elites want it erased.
Soon, you will be told you must choose: Live in a world run by machines or in a world stripped down for planetary salvation. Digital tyranny or rationed equality. Innovation without liberty or simplicity without dignity.
Both are traps.
The only future worth choosing is the one grounded in ordered liberty — where prosperity and progress exist alongside moral responsibility and personal freedom and human beings are treated as image-bearers of God — not climate liabilities, not data profiles, not replaceable hardware components.
Bill Gates can change his tune. The media can change the script. But the agenda remains the same.
They no longer want to save the planet. They want to run it, and they expect you to obey.
What do you call someone who thinks drag queen story hour better embodies “liberty” than Americans buying Bibles in the wake of Charlie Kirk’s martyrdom? I’ll tell you — and, let me assure you, I choose my words here with theological precision.
David French is a satanic slanderer of the brethren. In my view, he’s become an instrument of deception, and I’ll explain why.
If poetic justice prevailed, David French’s byline would read ‘Judas.’ May he enjoy the potter’s field he’s bought for himself.
Charlie Kirk’s legacy speaks for itself. Nearly everyone who spent time with the murdered founder of Turning Point USA left more grounded in the gospel than they were before. Even Donald Trump Jr., during Charlie’s memorial service, spoke to millions about St. Stephen — the church’s first martyr — because friendship with a man who had given his life and last breath to God bore visible fruit.
French, like Kirk, enjoys a powerful platform. From his perch at the New York Times — the epicenter of America’s corporate media machine — he can influence an elite readership. Yet what evidence shows that his faith leads anyone closer to Christ? None.
Instead, French routinely simps for the spirit of the age, mocking what is good, true, and beautiful. The man once known for moral clarity has become a parody of himself — Joe Biden with less drool and better diction.
French should not be engaged as a serious Christian thinker. He should be exposed and rebuked as what he has become: an agent of deception. As the apostle Paul wrote of Demas, his former companion who “loved this present world,” French has traded salt and light for relevance and applause.
Believers must guard against such turncoats as faith becomes costlier and clearer in our time. Scripture warns repeatedly about impostors who infiltrate the church, seeking to poison it from within. Paul named names in his epistles. He called out the frauds without apology. He didn’t leave the flock guessing about where the danger lay.
Today’s “nicer than God” crowd would scold Paul for being uncharitable. But Charlie Kirk understood that clarity, not niceness, wins spiritual battles. His campus Q&As didn’t leave students guessing about the truth. You might not have liked every answer, but you knew exactly what was at stake. That conviction, lived to the point of death, is what faith demands.
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Our faith is the cross, so all of us must provide an unambiguous understanding of the gospel and what it costs.
French’s conduct offers the opposite lesson. His public witness bears no fruit. He delights in the approval of secular elites who despise the gospel. He preens before the godless No Kings crowd, too vain to notice his own descent. Even the biblical warning about millstones and those who lead children astray doesn’t give him pause. He’s chosen his side: deceit and damnation.
I’ve mostly ignored French’s unraveling in recent years. But Charlie is dead, and I won’t let my friend — or the gospel — be caricatured by a man who has become nothing short of a terrorist to the faithful. French couldn’t tie Charlie Kirk’s shoes, which may explain his bitterness. He’s rewriting history to cheapen Charlie’s sacrifice.
How dare he.
You can’t hold such covetous slander in too much contempt. If poetic justice prevailed, French’s byline would read “Judas.” May he enjoy the potter’s field he’s bought for himself. The hireling always receives his reward in full.
The abrupt assassination of a young husband and father — who joyfully invited strangers from all walks of life to debate him in public forums —was a barbaric assault on all Americans and our shared foundational values, free speech, and religious liberty.
I was deeply disturbed by the deranged sickness of morally bankrupt Americans rejoicing at Charlie Kirk’s reprehensible murder. I’ve unceasingly prayed and wept for his family and friends as though they were my own.
It's time to get the Bible back into schools to revitalize the true meaning of liberty and respect for your neighbor.
Yet as a mom and a Christian, I know I must not despair. The Bible likens despair to a refusal of hope, justice, and goodness.
At Kirk’s historic memorial, President Donald Trump mentioned a renewed urgency to including the holy Bible in public life. Erika Kirk modeled positive, convicted fortitude through motherhood — with grit, grace, and gospel — that I have never before witnessed in a publicly broadcasted forum. “Be an Erika Kirk in a Kardashian world” commentaries flood my social media feeds.
But an exasperating and lingering question remains: “How did America get here?” Guns? Social media? Absent parenting? Ignorant education? A desensitizing news cycle?
A root cause is expelling God from public schools.
Charlie Kirk was wrongly labeled as a “hateful extremist” because millions of students have been brainwashed, for decades, to dissociate America’s foundation from God.
Young people have been conditioned to be offended by truth and context and now automatically treat neighbors like garbage and claim that “words are violence” when they disagree.
Historically, educators partnered with parents to reinforce our shared American values as they were rooted in the Bible. Through the 1800s, schools and colleges often included the Bible as a textbook. Our founding fathers stressed the importance of morals and religious knowledge for a functioning republic.
In a 1798 statement, John Adams himself wrote, “Our Constitution was made only for a moral and religious People. It is wholly inadequate to the government of any other.”
But here’s where we are now:
Moral education begins at home, but what happens if that falls short?
Without reinforcement in schools, we evidently get a generation of morally ignorant citizens unable to function in a republic. Kirk himself once explained that the way our government was set up is no longer compatible with our current, faith-rejecting citizenry and public institutions. I agree.
Absent parents and the exclusion of 3,000-year-old wisdom from our school systems bear the blame.
Now, students are actively taught that God is not and never was part of our nation’s founding, that there is no safety alongside someone who thinks differently from you, and that words are violence. Smartphone worship, disrespect for parents and teachers without consequence, and the abandonment of rules and order have infected our nation.
Notwithstanding our rightful religious differences as Americans, it’s time to get the Bible back into schools — as a historical work that helped establish our nation and laws — to revitalize the true meaning of liberty and respect for your neighbor.
Teaching students to understand our U.S. Constitution gets much easier if students are knowledgeable about the biblical ideals that shaped it. The Bible also provides practical order, like the Golden Rule, that chaotic classrooms can certainly benefit from today.
But what about Thomas Jefferson’s “separation of church and state”? It’s a stretched fabrication that I’m ashamed to admit I once believed.
Five years ago, I supported keeping biblical mentions out of public schools and forums. As a baptized, lifelong Christian — active in church as a child and now a Sunday School teacher as an adult — even I was brainwashed and miseducated.
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In 1947, the Supreme Court case of Everson v. Board of Education ruled that neither a state nor the federal government could "pass laws which aid one religion, aid all religions, or prefer one religion over another." For the first time in American history, the First Amendment was now not only about the prohibition of establishing a national religion; it was also about not giving any encouragement to any religion. The modern “strict separation” view was born.
The five justices drafted their decision not based on the Declaration of Independence or the Constitution, but on a brief letter that Thomas Jefferson wrote to the Danbury Baptist Association in 1802, citing his personal conviction that religious belief should include “building a wall of separation between Church & State.”
In 1962, the Supreme Court further ruled in Engel v. Vitale that a generic school prayer violated the Court’s new definition of the First Amendment. “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country."
The prayer was not specific to Christianity or any religion and was reminiscent of the language of the Declaration of Independence. Yet it was still deemed unconstitutional.
Since then, the "separation of church and state" language has been used to remove God and appreciation for our foundational morality from public life and, most tragically, from our schools.
Do we have happier or better-educated student citizens because of this?
Dismal test scores, school shootings, record numbers of mentally ill teens, campus violence, increasingly anti-American curriculum, and depraved TikToks celebrating the public execution of an innocent man exercising peaceful free speech in a public forum prove otherwise.
Is it possible that those Supreme Court decisions were misguided and wrong for our society?
This sickness is destroying each of us — and our country — in real time. This is why we do what we do at PragerU Kids.
Parents and teachers, now is the time to bravely support and include:
Don’t let anyone trick you into thinking these things are hateful. The life, liberty, and happiness of our republic literally depend on it.
I'm grateful for the White House’s nationwide “America Prays” initiative, as well as state leaders in Oklahoma, Louisiana, Texas, Arkansas, and more who are taking action to get Bibles and/or the Ten Commandments included in public school classrooms again.
I’m not suggesting a mandated belief in the theology of the Bible, but rather a general and practical K-12 education and inclusion of how the Bible’s rules, order, and tenets were foundational to our nation.
Just as kids should learn that slavery is abhorrent (as the Bible teaches), it's imperative that young Americans learn how our founders’ vision of limited government, through faith-based values of blind justice and truthful morality, only works when citizens have a mutually respected moral compass. Countless historical writings, works, and landmarks prove that America’s hard-fought liberty is contingent on ethical citizens.
Get God — and the goodness, hope, virtue, and equality taught in the Bible — back into our schools and communities now, because what we’ve been doing for the last 75 years isn’t working. And time’s running out.
For decades, artificial intelligence was something students only encountered in science fiction books. They read stories about robots, ultramodern computers, and machines that could think for themselves. But in just the past few years, the AI revolution has leapt off the page and into real life, quickly reshaping virtually every aspect of our society, including our education system.
The AI revolution is happening so quickly that we must work fast to wrap our heads around the reality and implications of it in education before it’s too late. For parents, especially those concerned about what’s happening in our schools, AI represents both an opportunity and a potentially serious threat. Like social media before it, this technology is advancing faster than most of us can keep up with, and the decisions we make today will determine how it influences our kids for the rest of their lives.
AI doesn’t have to be a threat to our children. But if parents don’t get involved now, this powerful technology will shape our kids without our vital input.
If you are a parent, you cannot afford to ignore what AI is doing in education. Here are five things every parent must understand:
The AI revolution isn’t some looming event; it’s already here. Schools throughout the country are already adopting “smart” learning platforms, tutoring apps, and grading and curriculum systems powered by AI.
Some school districts are experimenting with AI software that generates lesson plans, constructs writing assignments, and even helps teachers communicate with students. One platform called MagicSchool bills itself as “the go-to AI assistant for educators worldwide, designed to simplify teaching tasks, save time, and combat teacher burnout.” MagicSchool has existing relationships with numerous public school systems, including Atlanta, Denver, New York City, Seattle, and many others.
This means decisions about how your child learns, what material they see, and even how their performance is evaluated are increasingly influenced by Big Tech algorithms. The question is: Who controls those algorithms, and what values are embedded into them? Parents deserve answers before handing their children’s education to algorithms.
AI can certainly be a valuable tool for educators and students. It can open the door to new levels of personalized learning that provide help to struggling students.
Used well, it can identify where a child is falling behind and provide extra practice, tailor lessons to a student’s strengths and weaknesses, and even spark new excitement for subjects that once felt out of reach. In an educational environment where one-on-one interaction is lacking, AI could offer desperately needed specialization.
AI can also carry significant hidden biases. The people who design AI systems decide what information is “correct,” what is “misinformation,” what viewpoints are acceptable, what viewpoints are “harmful,” and how to present material. For example, several studies show that the leading AI models have left-leaning political slants. These entrenched biases, coupled with the personalization capabilities of AI, could be a very powerful tool for indoctrination.
If you think debates over curriculum were intense before, imagine an invisible algorithm quietly steering how your child learns history, civics, or even basic facts about the world. AI could become the most effective indoctrination device ever placed in a classroom.
AI feeds on data. And when it comes to schools, that is your child’s data. Everything from test scores and study habits to behavioral patterns and even emotional responses can be collected, stored, and used to refine Big Tech algorithms.
Where does that data go? Who has access to it? Can it be sold, tracked, or used years later when your child applies for a job or college? Parents must demand transparency and strict limitations. Protecting the privacy of all children in the age of AI is essential.
Lawsuits are already popping up on this issue. For instance, Google is currently facing a lawsuit over allegations that it collected data on millions of students through its educational tools, raising serious privacy concerns about how much information tech companies gather on kids without parental consent.
Education is about far more than memorizing facts. It includes mentorship, human connection, and building social and emotional skills that prepare kids for life. If AI tutors, chatbots, or grading systems replace too much of a teacher’s role, children risk becoming isolated and less resilient.
Parents need to insist that AI supplements teachers, not replaces them. A screen is no substitute for a caring adult who knows your child, believes in them, and holds them accountable.
Another risk comes from what researchers call “AI sycophancy.” This is when chatbots or AI tutors simply tell students what they want to hear, reinforcing their opinions instead of challenging them. Over time, that can stunt critical thinking and give kids a distorted sense of reality. This is especially troubling in an educational setting.
The lessons of social media are clear: Parents cannot rely on bureaucrats, politicians, or tech companies to put kids’ best interests first.
The same is true with AI. Parents have the right and responsibility to ask tough questions. What AI tools are used in your child’s school? What data is being collected? What guardrails are in place? And most importantly: Who is in control?
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Parents should also demand policies that protect children’s privacy, dignity, and freedom of thought. Our kids’ future is too important to leave in the hands of unaccountable algorithms.
AI doesn’t have to be a threat to our children. But if parents don’t get involved now, this powerful technology will shape our kids without our vital input. Parents must lead the way in demanding transparency, accountability, and human-centered education.
Our children deserve schools that prepare them for the future without compromising their privacy, freedom, or humanity. That’s only possible if parents step up now, before it’s too late.
America’s colleges and universities ought to advance the public interest by serving as bastions of old-fashioned liberalism. If they did, they would champion free speech. They would establish communities of scholarship, teaching, and learning grounded in civility, toleration, and equality under law. And they would transmit knowledge about the sciences, social sciences, and humanities while cultivating students’ capacity to ask questions, listen attentively, examine evidence, formulate their opinions, and persuasively convey their views.
Instead, America’s colleges and universities purvey illiberalism by punishing dissent from campus orthodoxy, rewarding intolerance, treating individuals unequally under the law, and politicizing the curriculum.
The recovery of liberal education in America depends not least on liberals’ recovery of liberalism.
For decades liberals have dominated higher education in America. Why did they transform, or fail to prevent the transformation of, the nation’s colleges and universities into institutions advancing illiberal education?
Several hypotheses spring to mind.
One possibility is that liberals subordinated education to the promotion of progressive priorities. Convinced that they discovered the guiding principles for politics, the formulas for generating fair and effective public policy, and the mechanisms for implementing it, liberals demoted rigorous study of America, the West, and the world.
They marginalized messy and time-consuming debates about competing principles and rival preferences. They disseminated what they regarded as the final word about political norms, practices, and institutions. Instead of assisting students to gain appreciation for their civilizational inheritance, they concentrated on equipping them to change the world in accordance with progressive theories of justice and jurisprudence.
Another possibility is that liberals suffered from a ruinous mix of conformism, complacency, and cowardice. Formally committed to a diversity of perspectives — while identifying diversity with an openness to the varieties of progressivism — liberal professors in the 1970s welcomed a new generation of graduate students to campus who espoused a variety of left-wing doctrines. These students viewed scholarship and teaching as politics by other means.
In the 1980s, liberal faculty tenured the post-1960s generation of scholars. In the 1990s, liberals stood idly by as the recently tenured professors institutionalized political correctness by promulgating speech codes, truncating due process for students accused of sexual misconduct, and exploiting the curriculum to inculcate progressive doctrine.
In the 2000s, with the students of the post-’60s generation professors entering the professoriate, faculty discovered new weapons to enforce uniformity of opinion, including trigger warnings, microaggressions, and bias-response teams. Few were the liberals who challenged these illiberal measures or contested the illiberal slogan, “Speech is violence,” that justified them. Most campus liberals held their tongues for fear of that dreaded censure: “conservative.”
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In the 2010s and 2020s, with critical race theory and diversity, equity, and inclusion programs ripening into full-blown progressive wokeism, conventional campus wisdom proclaimed that “silence is violence.” Liberals evaded accusations of complicity with violence by openly embracing the fashionable theories according, which concluded that America is racist to its core, necessitating that government and private-sector organizations give decisive weight to race, sex, sexual orientation, and gender in allocating rights, responsibilities, and benefits.
A third possibility is that liberals confused sophistication in moral reasoning with sound ethics. Under liberal supervision, college courses on moral reasoning proliferated. These typically provide students with fanciful moral dilemmas, like whether you should pull a switch to divert a runaway trolley from striking five people tied to the track onto another, which would kill one immobilized baby. Or students were served divisive public policy questions about abortion, affirmative action, and same-sex marriage.
Professors invite students to apply a variety of theoretical perspectives — from which professors typically exclude traditional conservative considerations — to resolve the moral dilemmas or settle the public-policy debates. Such courses in moral reasoning foster the delusion that the moral life consists of clever reasoning in support of progressive ends rather than in the exercise of courage, self-restraint, integrity, generosity of spirit, friendship, and the other moral virtues. Moreover, they reinforce the prejudice among professors that only those who equate progressive moral reasoning with moral excellence deserve faculty appointments, administration positions, and a respectful hearing in the public square.
It would be useful for liberals to examine these hypotheses — and others — that endeavor to explain one of the great failures of liberalism over the last 75 years: the demise on liberals’ watch of liberal education in America.
Cass Sunstein appears well-suited to the task. A longtime Harvard Law School professor, Sunstein is a distinguished and remarkably prolific scholar, by far the most cited in legal academia. He has written widely and influentially on law, politics, and economics. He possesses substantial government experience, having served from Sept. 2009 to Aug. 2012 as the Obama administration’s head of the Office of Information and Regulatory Affairs. And he is the author of a short and lucid new book, “On Liberalism: In Defense of Freedom,” that restates liberalism’s core convictions and maintains that it deserves the allegiance of Americans of diverse viewpoints and persuasions.
Explaining where liberals went wrong in governing American universities is inextricably connected to understanding liberalism and defending freedom. Yet the closest Sunstein comes to even acknowledging the problem is the anodyne remark that liberals “do not like the idea of orthodoxy, including on university campuses.” That, however, is like saying that corporate executives who bankrupt their companies don’t like losing money. The issue is how those in charge contribute to their organization’s downfall.
“Liberals,” Sunstein states, “prize two things above all: freedom and pluralism.” Liberal freedom means in the first place that “people are allowed and encouraged to establish their own path, to take it if they like, and to reverse course if they want to do that.” Pluralism follows because people, possessing different backgrounds, skills, and interests, will choose different paths or alter course by their own lights. Liberalism so understood forms an enduring part of the American creed.
America’s colleges and universities purvey illiberalism by punishing dissent from campus orthodoxy, rewarding intolerance, treating individuals unequally under the law, and politicizing the curriculum.
However, Sunstein writes, “More than at any time since World War II, liberalism is under pressure — even siege.” New right critics “hold it responsible for the collapse of the family and traditional values, rampant criminality, disrespect for authority, and widespread immorality.” Intellectuals on the left decry liberalism’s inability “to handle the problems posed by entrenched inequalities, racism, sexism, corporate power, and environmental degradation.”
Sunstein’s book responds to the “urgent need for a clear understanding of liberalism — of its core commitments, of its breadth, of its internal debates, of its evolving character, of its promise, of what it is and what it can be.”
Liberalism, he observes, has roots in the premodern virtue of liberality, which encompasses generosity, openness, and public-spiritedness. During the 17th and 18th centuries, the thinking and practices that acquired the name liberalism in the 19th century came to be associated with religious toleration and limited government.
In 20th- and 21st-century politics, some liberals emphasized negative rights, or freedom from coercion particularly by government; others stressed positive rights, or entitlements to government assistance — in housing, education, and health care. In academic political theory, John Rawls developed the leading account, which views liberalism as centrally concerned with basic political principles to which all reasonable citizens should agree; other academic liberals hold that liberalism consists in promoting autonomy as the highest human ideal.
Sunstein celebrates liberalism as a big tent and fighting faith while preferring a progressive liberalism that revolves around John Stuart Mill’s “experiments of living.” Believing that the state should assist citizens to experiment adequately, Sunstein favors a government that, under limited circumstances, counters citizens’ expressed preferences to enhance their deliberations and make their choices more reasonable. He considers measures that extend from government information campaigns, accurate labeling, and mandatory seatbelt laws to tax incentives, cap-and-trade systems, and fuel-economy mandates.
Sunstein’s sophisticated yet accessible discussions of the rule of law, free speech, markets, regulation, and government’s role in ensuring the material and moral bases of security and opportunity provide a welcome corrective to the proliferating misunderstandings of the liberal tradition along with its many faces and supple sensibilities.
His brief for freedom also reinforces liberal narrow-mindedness and smugness.
First, Sunstein mischaracterizes liberalism’s core. It is not, as he asserts, experiments of living, but rather, as John Locke and America’s founders affirmed, the conviction that human beings are by nature free and equal. This conviction sustains liberalism’s big tent, which hosts, among others, those like Sunstein who are drawn to experiments of living.
Second, Sunstein dismisses and deflects liberalism’s critics, right and left, rather than learning from them. This is costly because liberalism’s critics have much to teach about liberalism’s tendency, like all schools of political thought and all regimes, to carry its principles to an extreme.
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Liberalism’s vices include the dissoluteness bound up in the tempting belief that opposition to coercion entails overcoming the imperatives of morality. It also fosters the complacency that stems from overreliance on formal procedures to mete out justice. And it is steeped in the arrogance that assumes liberals have refuted faith and supplanted rather than supplemented classical teachings on ethics and politics. Brushing off critics, Sunstein fails to explore the extent to which liberalism finds itself “under pressure, even siege” because of its own shortcomings.
Third, Sunstein idealizes liberal character. He depicts liberals as secular saints neither deficient in certain virtues nor prone to specific vices. Yet to take one telling example, liberals, as Mill argues in “On Liberty” and elsewhere, tend to disregard the wisdom stored up in traditional writings, inherited beliefs, and established institutions.
Sunstein’s disregard of essential wisdom stored up in the modern tradition of freedom — particularly its early appreciation of freedom’s dependence on biblical faith and classical political philosophy — converges with the biases of many of his left-liberal friends and colleagues. This disregard begins to explain his and their failure to connect liberal education’s demise to liberals’ departures from the liberal tradition in its richness and fullness.
The recovery of liberal education in America depends not least on liberals’ recovery of liberalism.
Editor’s note: This article was originally published by RealClearPolitics and made available via RealClearWire.
Sen. Tim Kaine (D-Va.) recently delivered a lecture that should alarm every American. During a Senate Foreign Relations Committee hearing, he argued that believing rights come from a Creator rather than government is the same belief held by Iran’s theocratic regime.
Kaine claimed that the principles underpinning Iran’s dictatorship — the same regime that persecutes Sunnis, Jews, Christians, and other minorities — are also the principles enshrined in our Declaration of Independence.
In America, rights belong to the individual. In Iran, rights serve the state.
That claim exposes either a profound misunderstanding or a reckless indifference to America’s founding. Rights do not come from government. They never did. They come from the Creator, as the Declaration of Independence proclaims without qualification. Jefferson didn’t hedge. Rights are unalienable — built into every human being.
This foundation stands worlds apart from Iran. Its leaders invoke God but grant rights only through clerical interpretation. Freedom of speech, property, religion, and even life itself depend on obedience to the ruling clerics. Step outside their dictates, and those so-called rights vanish.
This is not a trivial difference. It is the essence of liberty versus tyranny. In America, rights belong to the individual. The government’s role is to secure them, not define them. In Iran, rights serve the state. They empower rulers, not the people.
The same confusion applies to Marxist regimes. The Soviet Union’s constitutions promised citizens rights — work, health care, education, freedom of speech — but always with fine print. If you spoke out against the party, those rights evaporated. If you practiced religion openly, you were charged with treason. Property and voting were allowed as long as they were filtered and controlled by the state — and could be revoked at any moment. Rights were conditional, granted through obedience.
Kaine seems to be advocating a similar approach — whether consciously or not. By claiming that natural rights are somehow comparable to sharia law, he ignores the critical distinction between inherent rights and conditional privileges. He dismisses the very principle that made America a beacon of freedom.
Jefferson and the founders understood this clearly. “We are endowed by our Creator with certain unalienable rights,” they wrote. No government, no cleric, no king can revoke them. They exist by virtue of humanity itself. The government exists to protect them, not ration them.
This is not a theological quibble. It is the entire basis of our government. Confuse the source of rights, and tyranny hides behind piety or ideology. The people are disempowered. Clerics, bureaucrats, or politicians become arbiters of what rights citizens may enjoy.
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Kaine’s statement reflects either a profound ignorance of this principle or an ideological bias that favors state power over individual liberty. Either way, Americans must recognize the danger. Understanding the origin of rights is not academic — it is the difference between freedom and submission, between the American experiment and theocratic or totalitarian rule.
Rights are not gifts from the state. They are gifts from God, secured by reason, protected by law, and defended by the people. Every American must understand this. Because when rights come from government instead of the Creator, freedom disappears.
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President Donald Trump torched Democratic Sen. Tim Kaine of Virginia over his recent remarks undermining the importance of faith in our country's founding.
Kaine recently argued that our natural rights come from the government and not from God, directly contradicting the Declaration of Independence. Kaine went on to say that the simple notion that our inalienable rights come from God is "extremely troubling," comparing this core founding principle to Iran's theocratic regime.
'It is the tyrants who are denying our rights.'
"The notion that rights don't come from laws and don't come from the government, but come from the Creator — that's what the Iranian government believes," Kaine said in a committee hearing Wednesday. "It's a theocratic regime that bases its rule on Shia [sic] law, ... and they do it because they believe that they understand what natural rights are from their Creator."
"The statement that our rights do not come from our laws or our governments is extremely troubling," he continued.
Trump takes a shot at Democrat Senator Tim Kaine: "The ineffectual senator from Virginia stated that the notion that our rights come from our Creator is extremely troubling. This is advocated by a totalitarian regime. It is tyrants who are denying that our rights come from God." pic.twitter.com/3h3uVy0RvG
— TheBlaze (@theblaze) September 8, 2025
Kaine's comments were promptly met with outrage on the right, most recently with Trump calling him "ineffectual" and saying he "should be ashamed of himself."
"As everyone in this room understands, it is the tyrants who are denying our rights and the rights that come from God," Trump said during a speech at the Museum of the Bible in Washington, D.C., on Monday.
"It's this Declaration of Independence that proclaims we're endowed by our Creator with the right to life, liberty, and the pursuit of happiness," Trump added. "The senator from Virginia should be ashamed of himself."
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Trump went on to defend the notion of God-given rights in spite of Kaine's comments, saying we will "never apologize for our faith."
"We will never surrender our God-given rights. We will defend our liberties, our values, our sovereignty, and we will defend our freedom," Trump said.
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