Articles tagged as Constitutional Theory
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The Imperative of a Boring Judiciary: Eric Dean Hageman ’16 in Law & Liberty
In an essay as part of our ongoing collaboration with Law & Liberty, Eric Hageman, James Wilson Fellowship Class of ’16, adds his analysis of the current legal and judicial landscape to the current discussion that has been sparked by “A Better Originalism.” Hageman agrees that the current legal culture is rife with the “sophistry” […] -
“In Defense of ‘A Better Originalism'” – Prof. Hadley Arkes in Law & Liberty
In an essay for Law & Liberty, James Wilson Institute Founder and Director Prof. Hadley Arkes defends JWI’s recent call in The American Mind for judges to adopt an “originalism of moral substance” against criticism by John Grove. Prof. Arkes argues that Grove misconstrues the nature of moral truths and their role in adjudication, which […] -
“The Constitution’s ‘Value Judgements'” — Gerard V. Bradley at Anchoring Truths and Law & Liberty
JWI has launched a collaborative partnership for 2021 with the Liberty Fund’s online journal, Law & Liberty. Led by its Director, Richard Reinsch, Law & Liberty has become one of the premier journals on the right for writing on jurisprudence, politics, and culture. Prof. Hadley Arkes opened our first symposium in February 2021 with “Letter to a […] -
“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 […] -
“Here’s The Only Path Open to Republicans After Neil Gorsuch’s Betrayal”: Prof. Hadley Arkes in The Federalist
In his latest article for The Federalist, Prof. Hadley Arkes calls on Republicans to look to Abraham Lincoln for a response to the Supreme Court’s decision in Harris Funeral Homes v. EEOC. Following the infamous Dred Scott v. Sandford decision, Lincoln and congressional Republicans acknowledged that the Supreme Court had the authority to determine the […] -
“Nobody Expects the Originalist Inquisition”: Gunnar Gundersen in The American Mind
In a second response to the ongoing debate over originalism and the common good in The American Mind, James Wilson Institute affiliated attorney Gunnar Gundersen addresses the flurry of criticism he received on Twitter after he declared that “originalism has failed.” Responding to the defenders of originalism he calls the “originalist inquisition,” Gundersen expands his […] -
“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 […] -
“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 […]