Articles tagged as constitution
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‘Dobbs’ and the Conservative Legal Movement – Gerald V. Bradley in National Catholic Register
James Wilson Institute’s Senior Scholar, Gerry Bradley, writes in the National Catholic Register about Dobbs v Jackson Women’s Health Organization and how if Roe is overturned, it would not necessarily mean the end of abortion or even the beginning of the end of it. Some excerpts from the piece: “Although the conservative legal movement has […] -
“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 […] -
“Our Divided House: A Review of Charles Kesler’s Crisis of Two Constitutions” — Gerard V. Bradley
Gerard Bradley reviews Kesler’s Crisis of Two Constitutions, which argues for a “reborn American conservatism” with natural law principles and the Constitution at its center. Not only does our constitutional government presuppose a virtuous citizenry, but public virtue will last only if we uphold the morality of our constitution. Some excerpts: “Lincoln is a recurring […] -
VIDEO: Webinar on Dred Scott Case featuring Hadley Arkes, Mark Graber, and David Tubbs
The National Association of Scholars hosted a webinar event with JWI Founder and Director Prof. Hadley Arkes, Prof. Mark Graber of the University of Maryland, and Prof. David Tubbs of King’s College. Moderated by Prof. Vincent Philip Munoz of the University of Notre Dame, Prof. Arkes, Prof. Graber, and Prof. Tubbs discuss the historical, jurisprudential, […] -
“How to Apply a Jurisprudence of Natural Law”: Prof. Arkes on In the Trenches Podcast
Hadley Arkes & Garrett Snedeker joined the In the Trenches Podcast to talk about the principles of the American Government that were before the Constitution and how those principles helped inform it. They discuss how Natural Law provides insights into issues such as Abortion and Free Speech. -
“Redeeming the Constitution” – Bradley Rebeiro ’17 at Anchoring Truths and Law & Liberty
JWI Fellowship alumnus and associate professor of law at BYU Law School Bradley Rebeiro responded to Professor David Forte’s “Originalism and its Discontents” at JWI’s online journal Anchoring Truths. In a symposium in collaboration with Law & Liberty, Rebeiro utilizes the case study of slavery “to reconsider how we understand this tension between originalism and […] -
PODCAST: Josh Hammer on Common Good Originalism
Anchoring Truths contributing editor and JWI affiliated scholar Josh Hammer joined JWI Deputy Director Garrett Snedeker to discuss his new essay in the Harvard Journal of Law and Public Policy, entitled “Common Good Originalism: Our Tradition and our Path Forward.” In the podcast, we talked about the failures of the positivist originalist project, Hammer’s vision for an […] -
DEBATE: Prof. Hadley Arkes vs. Prof. Lee Strang at the Federalist Society
JWI Founder and Director Hadley Arkes debated University of Toledo Law School Professor Lee Strang on the question, “Should the Declaration inform the Constitution?”. Watch the full debate on the Federalist Society’s YouTube page here. -
“Conservative Jurisprudence Without Truth”: Prof. Hadley Arkes in First Things
In First Things, JWI founder and director Prof. Hadley Arkes criticizes conservative commentators who have taken greater issue with the legal methodology in Justice Neil Gorsuch’s Bostock v. Clayton County opinion than with the fundamental moral claims the decision makes. At the core of the opinion, Prof. Arkes claims, is a fundamental rejection of human […] -
“Defending Religious Liberty Without the Constitution?”: Prof. Arkes in Law & Liberty
Last week the Supreme Court took a decisive step in striking down the so-called Blaine Laws, which barred the use of public funds in supporting religious activities, especially private religious schools. Professor Arkes argues that the Court, for a change over the last few weeks, managed to get something right. But in the ways of the […]