History
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“We Need to Reject Judicial Supremacy Now More Than Ever”: Garrett Snedeker and Josh Hammer in Newsweek
JWI Deputy Director Garrett Snedeker and affiliated scholar Josh Hammer published in Newsweek, arguing that the recent Supreme Court decision, Bostock V. Clayton County Georgia, shows just how mistaken a jurisprudence without natural law can be. They propose a restoration of what they call the “original understanding of constitutionality” as a conversation between all three […] -
“A Better Alternative to State Bankruptcy or Default”: John Baker and Robert Miller in the Wall Street Journal
In an opinion piece in the Wall Street Journal, scholars John Baker and Robert Miller discuss the prospect of state bankruptcies during the Covid-19 pandemic. They discuss state sovereignty with respect to the eleventh amendment and argue that allowing states to declare bankruptcy fundamentally contradicts American federalism. States have always struggled with debt and have […] -
“An Oath Upon Oaths”: Prof. Hadley Arkes in The American Mind
James Wilson Institute director Prof. Hadley Arkes responds to a side conversation taking place in the broader discussion over Adrian Vermeule’s “common good constitutionalism” – the debate over one’s oath to the Constitution. Multiple commentators have argued that abandoning originalism leads judges to violate their oaths to uphold the Constitution. Prof. Arkes finds instead that […] -
“Don’t Trade Judicial Supremacy for Executive Supremacy”: Garrett Snedeker in The American Mind
In an essay for a symposium in The American Mind responding to Harvard Law professor Adrian Vermeule’s call for a “Common Good Constitutionalism,” James Wilson Institute deputy director Garrett Snedeker sympathizes with Vermeule’s call for a “reading of the Constitution that references moral judgements” but cautions against replacing our constitutional deference toward judicial supremacy with […] -
“Why I Am A Natural Lawyer”: Prof. Paul R. DeHart in Law & Liberty
In an essay for Law & Liberty, James Wilson Institute friend Prof. Paul DeHart responds to Prof. F.H. Buckley’s attack on natural law as the foundation for conservative jurisprudence. In an earlier piece for Law & Liberty, Prof. Buckley accused natural lawyers of Pelagianism and argued that natural law theory fails to answer the Humian […] -
“A Primer on Constitutional Rights During Crises”: Justin Dyer in Starting Points
In his latest essay for Starting Points, Professor Justin Dyer, a JWI affiliated scholar, attempts to make sense of the Covid-19 crisis and the constitutional debate it has generated. Dyer discusses the Supreme Court’s jurisprudence concerning the protection of public health and how the Court balances individual rights in times of public strife. He discusses […] -
“Common Good Originalism”: Josh Hammer in The American Mind
In a measured response to Harvard Law professor Adrian Vermeule’s critique of originalism, Josh Hammer, a friend of the James Wilson Institute and Of Counsel at the First Liberty Institute, proposes a middle way between originalism and common good constitutionalism. While he agrees with much of Vermeule’s philosophy and argument, he sees a complete abandonment […] -
“Vermeule, His Critics, and the Crisis of Originalism”: Prof. Hadley Arkes in The American Mind
In an in-depth essay part of a symposium for The American Mind, James Wilson Institute founder and director Professor Hadley Arkes offers measured praise of Harvard Law Professor Adrian Vermeule for his criticism of Originalism in The Atlantic. Professor Arkes argues that Professor Vermeule, in his promotion of a “Common Good Constitutionalism,” draws on a […] -
PODCAST: Josh Hammer on Common Good Constitutionalism and Judicial Supremacy
Lawyer and legal commentator Josh Hammer joined JWI Deputy Director Garrett Snedeker and intern Joe Egler for a podcast recording to discuss the future of originalism in the conservative legal movement, Prof. Adrian Vermeule’s “common good constitutionalism,” and judicial supremacy. Josh Hammer is a nationally syndicated columnist and Of Counsel with First Liberty Institute. A […] -
“Twisting Our Language to Fit the Courts”: Hadley Arkes in The Catholic Thing
In the latest installment of his biweekly column in The Catholic Thing, JWI founder and director Hadley Arkes considers how the courts will view abortion clinics as “essential services” that must remain open throughout the COVID-19 pandemic. Professor Arkes questions whether people in authority, issuing edicts to shutter small businesses who have no other means […]