Justice Anthony Kennedy's retirement, leading to President Donald Trump's nomination of Brett Kavanaugh to the Supreme Court, has thrown progressives, the Democratic Party and the news media into an out-and-out tizzy. The online magazine Slate declared, "Anthony Kennedy Just Destroyed His Legacy as a Gay Rights Hero." The New York Times' editorial board said about a second Trump court appointment, "It is a dark moment in the history of the court and the nation, and it's about to get a lot darker."

It's indeed a "dark moment" for those who've for decades used the courts to accomplish what would have been impossible through federal and state legislatures -- such as same-sex marriage, abortion and preferences with regard to race and sex. With this Supreme Court pick -- and possibly another during his term -- President Trump can return us to the Framers' vision of the judiciary -- a vision that's held in contempt by many liberals and conservatives.

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s2smodern

The Canadian government, lining the pockets of its dairy producers, imposes high tariffs on American dairy imports. That forces Canadians to pay higher prices for dairy products. For example, Canadians pay $5.24 for a 10.5-ounce block of cheddar. In Washington, D.C., that same amount of cheddar sells for $3.64. Canadians pay $3.99 for a 1-pound container of yogurt. In Washington, D.C., you can get nearly twice as much yogurt for a little over $4. It's clear that the Canadian government's tariffs screw its citizens by forcing them to pay higher prices for dairy products.

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Amy Wax, a University of Pennsylvania law professor, has come under attack and scathing criticism because she dared criticize the school's racial preferences program. In an interview with Brown University economist Glenn Loury, discussing affirmative action, Wax mentioned how racial preferences hinder the ability of blacks to succeed academically by admitting them into schools at which they are in over their heads academically. At Penn's seventh-ranked law school, Wax said, she doesn't think that she has ever seen a black law student graduate in the top quarter of his class, and "rarely" is a black student in the top half.

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In conversations with most college officials, many CEOs, many politicians and race hustlers, it’s not long before the magical words “diversity” and “inclusiveness” drop from their lips. Racial minorities are the intended targets of this sociological largesse, but women are included, as well. This obsession with diversity and inclusion is in the process of leading the nation to decline in a number of areas. We’re told how it’s doing so in science, in an article by Heather Mac Donald, a senior fellow at the Manhattan Institute, titled “How Identity Politics Is Harming the Sciences” (http://tinyurl.com/y9g8k9ne).

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Last July, Anthony Hervey, an outspoken black advocate for the Confederate flag, was killed in a car crash. Arlene Barnum, a surviving passenger in the vehicle, told authorities and the media that they had been forced off the road by a carload of "angry young black men" after Hervey, while wearing his Confederate kepi, stopped at a convenience store en route to his home in Oxford, Mississippi. His death was in no small part caused by the gross level of ignorance, organized deceit and anger about the War of 1861. Much of the ignorance stems from the fact that most Americans believe the war was initiated to free slaves, when in truth, freeing slaves was little more than an afterthought. I want to lay out a few quotations and ask what you make of them.

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We call the war of 1861 the Civil War. But is that right? A civil war is a struggle between two or more entities trying to take over the central government. Confederate President Jefferson Davis no more sought to take over Washington, D.C., than George Washington sought to take over London in 1776. Both wars, those of 1776 and 1861, were wars of independence. Such a recognition does not require one to sanction the horrors of slavery. We might ask, How much of the war was about slavery?

Was President Abraham Lincoln really for outlawing slavery? Let's look at his words. In an 1858 letter, Lincoln said, "I have declared a thousand times, and now repeat that, in my opinion neither the General Government, nor any other power outside of the slave states, can constitutionally or rightfully interfere with slaves or slavery where it already exists." In a Springfield, Illinois, speech, he explained: "My declarations upon this subject of Negro slavery may be misrepresented but cannot be misunderstood.

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s2smodern

The victors of war write its history in order to cast themselves in the most favorable light. That explains the considerable historical ignorance about our war of 1861 and panic over the Confederate flag. To create better understanding, we have to start a bit before the 1787 Constitutional Convention in Philadelphia.

The 1783 Treaty of Paris ended the war between the colonies and Great Britain. Its first article declared the 13 colonies "to be free, sovereign and independent states." These 13 sovereign nations came together in 1787 as principals and created the federal government as their agent. Principals have always held the right to fire agents. In other words, states held a right to withdraw from the pact -- secede.

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Mike Scruggs