Articles tagged as common good constitutionalism
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“Why State Courts Matter” — Jesse Merriam at Anchoring Truths and Law & Liberty
Jesse Merriam responds to Holden Tanner and Josh Hammer, arguing that state courts matter not merely because they strengthen conservative power in the federal courts, but because states are the most basic guardians of liberty. Some excerpts: “A successful socio-legal movement must engage within rather than push against the prevailing cultural norms. The NAACP, for […] -
“Contra Historicist Originalism” — Josh Hammer
Responding to Professor Stephanie Barclay, Josh Hammer argues for a right-of-center method of jurisprudence–one which goes beyond positivism or “strict constructionism” by joining originalism and moral principles. Some excerpts from the piece: “In a recent Deseret Magazine essay, Notre Dame Law School professor Stephanie Barclay rebuts the trite and tiresome progressive objection that the constitutional interpretive methodology […] -
“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 […]