Articles tagged as common good constitutionalism
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“Toward a New Jurisprudential Consensus: Common Good Originalism” – Josh Hammer in Public Discourse
In an essay for Public Discourse, JWI Affiliated Scholar Josh Hammer implores conservatives to embrace a new approach to originalism that emphasizes the common good. He argues that originalism has become entirely unmoored from conservatism rightly understood, particularly in light of Justice Gorsuch’s decision in Bostock v. Clayton County. It must be replaced by a […] -
Commentary Roundup: JWI on Adrian Vermeule’s Common Good Constitutionalism
Professor Adrian Vermeule of Harvard Law School kicked off a lively discussion in the conservative legal movement with his provocative essay “Beyond Originalism” in The Atlantic. Since then, JWI staff, friends, and Affiliated Scholars have been regular contributors to the ongoing discussion of a “common good constitutionalism.” JWI founder and director Prof. Hadley Arkes offered […] -
“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 […]