The Good News about Religious Liberty in America

In his recent book, Kenneth Starr examines the jurisprudence that has come to define the First Amendment’s guarantees of freedom of religion. Doing so, he defends the traditional idea that the government must be restrained from interfering with the natural, and salutary, flourishing of its citizens’ spiritual lives. Tal Fortgang writes in his review:

In recent years, some conservatives have shot past this tradition. They insist that seeking accommodation is basically a loser’s game. In their eyes, state power is not the problem but the solution, so long as it is wielded unabashedly by the right people with the right ends in mind. Led in spirit by Adrian Vermeule, a Harvard Law School professor and “integralist” Catholic who seeks to subordinate state power to church leadership, the new vanguard insists that trying to carve out space to worship freely will never work. What we actually need to save our souls is to infuse American government with more explicitly religious (even sectarian) ideas. Politics must be purposefully oriented to explicitly religious ends if we are to stand any chance of fending off the secularist barbarian hordes at the gates of your local public library.

Starr, [by contrast], is a constitutionalist who believes that our law (especially after Reconstruction) is meant to protect individuals against a zealous state, and to limit the power of would-be tyrants and oppressors. He is wary of substantive orientations within the law that may privilege one denomination’s idea of the highest good over another’s.

The bulk of Religious Liberty in Crisis is dedicated to Supreme Court cases from the 20th century, when America found its cherished traditions of religious freedom under assault from activist courts that might have thought it an impermissible establishment of religion if you walked into the White House and remarked, “God, what a lovely building.” As Starr shows, we have made great strides in the campaign to restore the establishment and free-exercise clauses of the First Amendment to meanings befitting our Constitution’s Framers—most of whom invoked God frequently, supported religion in the public square, and were perfectly content to allow states to establish churches. Religious believers have good reason to trust now, for the first time in decades, that the courts will vindicate their rights even as democratically elected leaders are likely to become more hostile to faith and practice. In some sense, then, religious liberty is not in crisis at all.

Read more at Commentary

More about: American law, Conservatism, Freedom of Religion, U.S. Constitution

Iran’s Attrition Strategy, and Its Weaknesses

Oct. 14 2024

On Yom Kippur, Hizballah fired over 200 rockets and drones at Israel, with one drone hitting a retirement home in Herzliya, miraculously without casualties. Yesterday, however, proved less lucky: a drone launched by the Iran-backed group struck a military base, killing four and injuring another 58, about twenty moderately or seriously.

This attack reflects Iranian strategy: Israeli defensive systems are strong, but so are Iranian drones and missiles, and with enough attacks some will get through. As Ariel Kahana writes, such an approach is consistent with Tehran’s desire to fight a war of attrition, denying Jerusalem the chance to strike a decisive blow. Kahana explains how the IDF might turn the tables:

It’s worth noting that Iran’s strategy of wearing down Israel and other U.S. allies in the region is not merely a choice, but a necessity. Militarily, it’s the only card left in Tehran’s hand. Iran neither desires nor possesses the capability to deploy ground forces against Israel, given the vast geographical distance and intervening countries. Moreover, while Israel boasts one of the world’s most formidable air forces, Iran’s air capabilities are comparatively limited.

Israel’s trump card in this high-stakes game is its unparalleled air-defense system. For years, Iran had counted on its network of proxy organizations to provide a protective umbrella against Western strikes. However, a year into the current conflict, this strategy lies in tatters: Hamas is reeling, Hizballah is on the back foot, and the various militias in Iraq and Yemen amount to little more than an irritant for Israel. The result? Iran finds itself unexpectedly exposed.

And when it comes to direct attacks on Israel, Iran’s options may be limited. Its October 1 attack, which used its sophisticated Fateh-2 missiles, was more effective than that in April, but not much more so:

Oded Eilam, drawing on his experience as a former senior Mossad official, . .  estimates [Iran’s] stockpile of these advanced weapons is limited to between 400 and 800. With 200 already expended in a single attack, Iran’s reserves of truly effective missiles may be running low. This raises a critical question: can Iran sustain a prolonged ballistic exchange with Israel? The numbers suggest it’s capacity for attrition warfare may be more limited than it would like to admit.

Read more at Israel Hayom

More about: Gaza War 2023, Hizballah, Iran