The National Journal has published its latest poll of leading political bloggers. The results: Majorites of left-leaning and right-leaning bloggers both agree that Obama will bring "a little" change to the way Washington works. A majority of the Left and Right agree that partisan divisions next year will either stay the same or increase. Lefties expect that conservatives will be biggest thorn in Obama's side, whereas the Righties expect Liberal Democrats to be an even bigger thorn for him.

Majorities on both sides agree that Obama's smartest course would be to "Compromise only as much as is necessary to win passage" for his agenda, and not to pad his majorities with further compromise. The Left thinks that the smartest course for Republicans would be to downplay their differences with Obama, but the Right overwhelmingly disagrees. The Left thinks that the greater risk for Obama is not tackling enough issues, whereas the right sees the greater risk in Obama's spreading himself too thin by taking on too many issues.

The Left bloggers were asked how much energy the Democrats should spend investigating the Bush administration. "A moderate amount" was the choice of 60%. The Right was asked who they would like to see become the leading voice of the Republican party next year. The winners were Bobby Jindal and Sarah Palin, each with 18%. Although I like Palin and would be happy to see her elected President, I voted for Jindal, whom I described as "Brilliant, principled, articulate."

That review is the Charleston Law Review. President-elect Obama's foreword to volume 2, issue 1 (2007) is available here.

As for my own article in Charleston, it's forthcoming in volume 3, which is at the printer. But available now in final form at SSRN: Pacifist-Aggressives vs. the Second Amendment: An Analysis of Modern Philosophies of Compulsory Non-Violence.

The article begins with the observation that, domestically and internationally, there are many religious organizations and leaders who denounce self-defense, and who seek to ban or drastically restrict guns in order to impose their own morality. The article examines some leading religious pacifist philosophers, and some historical examples of how pacifism has worked in real-world conditions.

The article has high praise for John Howard Yoder (perhaps the greatest pacifist writer of all time), and for Thomas Merton (an influential advocate of non-violence, but not a pacifist). The article is more critical of Stanley Hauerwas, more critical still of Leo Tolstoy, and dismayed with the shallow and factually inaccurate writings of Tony Campolo.

The article sets the record straight on the Danish rescue of the Jews during World War II. King Christian X never wore a yellow star. The Danish response to the Nazis was very cowardly at the start, at a time when bravery might have changed the course the war. The 1943 rescue of the Danish Jews, smuggling them to Sweden, was very noble, but it was not an example of successful pacifism in action. Switzerland, which was armed to the teeth and ready to fight, ended the war with even a better record of protecting its native Jews than did Denmark.

The American Civil Rights Movement used pacifist tactics at some times, even as civil rights workers armed themselves for protection against Ku Klux Klan attacks. The slogan "violence never solves anything" is the ethical equivalent of flat-Earth geography. It is a purportedly empirical claim which is contradicted by ample and obvious evidence.

In the real world, there are plenty of brave pacifists, including the Moriori tribe of the Chatham Islands, who chose to suffer genocide rather than use violence. The article does not attempt to refute arguments that pacifism is mandated by Christian scripture, or by other sources of religious authority. Rather, the article suggests that the argument which some pacifists make--that pacifism always, necessarily, leads to better real-world results, is empirically false. In a free society, the government should not force pacifists to use force. Likewise, pacifists should not attempt to use government force to deprive other people of the means or the right of self-defense.

VC readers saw a draft version on this article on SSRN a little over a year ago. The Charleston staff did a great job with the article; it's a tighter, more precise piece thanks to their cite-checking. Thanks also to Eugene Volokh, for coining the term "pacifist-aggressives." He too has been published in a law journal which has also published Obama, namely the Harvard Law Review.

Fourth Circuit Judge J. Harvie Wilkinson, III, is the author of a forthcoming article in the Virginia Law Review, Of Guns, Abortions, and the Unraveling Rule of Law. Wilkinson criticizes the Supreme Court's decision in District of Columbia v. Heller, and argues that the majority opinion is wrong for the same reasons that Roe v. Wade was wrong: both cases violated "judicial values," such as deference to legislative decisions, avoidance of political thickets, and federalism. The draft article has attracted much favorable attention from the media, including the New York Times, Washington Post, Associated Press, and George Will.

In a working paper now available on SSRN, Nelson Lund and I critique Judge Wilkinson's equation of Heller and Roe. Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. Harvie Wilkinson, III argues that Judge Wilkinson's analogy between Roe and Heller is untenable. The right of the people to keep and bear arms is in the Constitution, and the right to abortion is not. Contrary to Judge Wilkinson, the genuine conservative critique of Roe is based on the Constitution, not on judicial "values." Judge Wilkinson, moreover, does not show that Heller's interpretation of the Second Amendment is refuted, or even called into serious question, by Justice Stevens' dissenting opinion.

After addressing the Roe analogy, our article examines Judge Wilkinson's stated rules of judicial restraint. We contend that Judge Wilkinson himself does not adhere to the "neutral principle" that he claims to derive from "judicial values." Under the principle of judicial restraint that he articulates, many now-reviled statutes, including the Jim Crow laws of the twentieth century, should have been upheld by the courts. The article suggests that Judge Wilkinson does not accept the consequences of his own supposedly neutral principle, preferring instead to endorse or condemn Supreme Court decisions solely on the basis of his policy preferences. Although the Wilkinson article is couched in the language of judicial restraint, it amounts to an endorsement of judicial lawlessness.

The great Dutch hymn "We Gather Together" celebrates Dutch victory in a battle of the war of independence from Spain. The hymn was adopted by Americans because it resonated so much with their own circumstances. It's a very relevant song this year, too, as the war between freedom and tyranny continues. Here's my VC post on the song, including the full lyrics, from 2005. And here's a good version of the song, from YouTube.YouTube has plenty of other versions too, if you want to hear pure organ music, or a church performance in Spanish.

University of Montana Law Professor (and Independence Institute Senior Fellow) Rob Natelson explains it all in this 32 minute podcast. I interviewed Rob for the iVoices.org podcast series, and we talked about Ex Post Facto, Indian Commerce, Alexander Hamilton's duplicity, and, most of all, constitutional hermeneutics.

Most states have commissions which evaluate the performance of state judges. Would it be a good idea to institute similar performance review of federal judges? For judicial elections, are campaign contribution/spending ceilings constitutional? What about bans on candidates personally soliciting contributions? There are the topics of a symposium issue of the Denver University law review, including a foreword by Justice O'Connor. Comments on these topics are very welcome--but only after the commenter has read at least one of the articles in the symposium.

Here's a new podcast in which Jon Caldara and I have a quick discussion of Colorado's election results, including the defeat of several tax increase ballot issues, and the defeat of Marilyn Musgrave. It's a little over 7 minutes long, and available in MP3 on iVoices.org.