Articles tagged as First Amendment
-
“Originalism Is Not Enough” — Hadley Arkes in Claremont Review of Books
In a review of Drakeman’s The Hollow Core of Constitutional Theory: Why We Need the Framers, Prof. Hadley Arkes contends that, when debating moral issues such as abortion and freedom of religion, judges should look beyond the text of the Constitution to the principles underpinning it. The Framers themselves disagreed on constitutional interpretation, and it’s […] -
“No Free Exercise for Aztecs—or Abortionists” — Jordan Ballor
Jordan Ballor argues that the right to religious liberty is not absolute, and that courts should refuse religious exemptions to those who violate natural law by practicing abortion in the name of religion. Some excerpts: “It is a perennial challenge to identify the proper limits to religious liberty in America and rightly apply these limits. […] -
“Churches: An Existence of Their Own” — Adam Macleod
Prof. Adam MacLeod argues that churches, corporate entities, and trusts exist independently of government recognition or contract, deriving their existence from the fundamental right to associate and to form private property institutions around certain ends. Some excerpts: “The question is whether churches and other associations of people have an existence of their own, prior to […] -
“Is it Time to Rethink the School Prayer Cases?” — Francis Beckwith
Prof. Francis Beckwith argues that the Supreme Court should overturn Engel and Schempp, which put religious people at a decided disadvantage, rather than establishing religious equality. Returning to the original understanding of the First Amendment would enable local governments to seek the common good. Some excerpts: “There was a time, not too long ago, when […] -
“Judge Pryor’s Friendly Fire” — Hadley Arkes at Law & Liberty
Prof. Arkes defends “A Better Originalism” against Judge William Pryor’s critique, arguing that the work of natural law doesn’t end with the Constitution: judges must continually consult natural law principles as they apply the law to individual circumstances. Some excerpts: “I’ve counted myself a friend of William Pryor since I encountered him years ago as […] -
PODCAST: Prof. Michael D. Breidenbach on “Our Dear Bought Liberty: Catholics and Religious Toleration in Early America”
Associate Professor and Chair of History at Ave Maria University and Senior Affiliate for Legal Humanities at the Program for Research on Religion and Urban Civil Society at the University of Pennsylvania Michael D. Breidenbach joined JWI Deputy Director Garrett Snedeker to discuss Prof. Breidenbach’s new book Our Dear Bought Liberty: Catholics and Religious Toleration […] -
Fulton and the Future of Religious Liberty – Prof. Gerard V. Bradley at First Things
After being cited twice yesterday in the Court’s much anticipated ruling on religious liberty, JWI Trustee and Senior Scholar Gerard V. Bradley declares that “Fulton v. Philadelphia is a remarkable case indeed.” Professor Bradley outlines where the Court currently stands on the controversial 1990 ruling in Employment Division, Department of Human Resources of Oregon v. Smith. […] -
“Lemon v. Kurtzman at 50” – Francis Beckwith in Law and Liberty
In an article at Law and Liberty, JWI Scholar Francis Beckwith traces the history and eventual demise of the Lemon Test created by Chief Justice Burger in Lemon v. Kurtzman on its 50th anniversary. The Court has inconsistently applied the Lemon Test for years, amending or ignoring its different prongs as it wishes. Lacking any […] -
Fellowship Alumni Spotlight: David Dewhirst ’14
David Dewhirst, a 2014 James Wilson Fellow, is the current Solicitor General of Montana. He graduated from Regent University before obtaining his J.D. from George Washington University Law School, where he served as president of his Federalist Society Chapter. He has clerked for Judge Lawrence VanDyke of the Ninth Circuit and the U.S. Senate Judiciary […] -
“It Was The Supreme Court’s Liberals Who Established Protests Are Not ‘Sedition’” – Professor Hadley Arkes in The Federalist
In an essay for the Federalist, JWI founder and director Professor Hadley Arkes explores the Court’s approach to demonstrations under the First and Fourteenth Amendments. He examines how Supreme Court justices have regarded with concern the right of protestors to demonstrate in particular locations, such as outside the Supreme Court while trials are underway. Justices […]