Articles tagged as constitution
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“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 […] -
“Symposium: The Life and Career of James Wilson” — Reflections on James Wilson from the Georgetown Journal of Law and Public Policy
In their Winter 2019 edition, the Georgetown Journal of Law and Public Policy published a series of works as part of their symposium on the life and career of Justice James Wilson. William Ewald in his piece “James Wilson and the American Founding” reflected upon Wilson’s early life, his work with the Declaration of Independence, […] -
“Natural Law and Democracy: The Philosophy of James Wilson” — Professor Roberta Bayer
Prof. Roberta Bayer offers an excellent summary of James Wilson’s views on where democracy’s legitimacy comes from in a piece at the Library of Law and Liberty. Wilson believed that democracy was premised on a capacity to have a knowledge of justice. This knowledge of justice was found through reason and conscience, both of which […] -
“Of Satanism and Religious Freedom”-Gunnar Gundersen in The Catholic Thing
In a piece for The Catholic Thing, entitled “Of Satanism and Religious Freedom,” Gunnar Gundersen discusses the nature of religious liberty and whether the protection of this natural right extends to Satanism and “irreligion”. Gundersen is an affiliated scholar of the James Wilson Institute. Some excerpts: “Do our laws require that Satanism be protected as a religion? The short answer is […]