Articles tagged as Fourteenth Amendment
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“Positivism Only?: Privileges or Immunities in The Original Meaning of the Fourteenth Amendment” – Garrett Snedeker in Anchoring Truths
JWI Deputy Director Garrett Snedeker offers his thoughts on Profs. Randy Barnett and Evan Bernick’s recent book, The Original Meaning of the Fourteenth Amendment. He discusses their positivist approach to interpreting the Privileges or Immunities Clause and questions whether natural law reasoning can be divorced from the recognition of unenumerated constitutional rights. We’ve included a […] -
“A Post-Roe Legislative Agenda for Congress” — Josh Craddock in Public Discourse
Josh Craddock, a 2019 James Wilson Fellow, introduces a strategy for pro-life congressmen to follow after the overturn of Roe v. Wade. He establishes that Congress’ definition of personhood lies at the root of the abortion issue and must include unborn children. Craddock then argues that Congressmen must preserve the definition of personhood from the […] -
“When ‘Matter’ Really Matters” — Jesse Merriam
Jesse Merriam argues that Engel and Schempp are here to stay because the “matter” of modern-day society has corrupted the “form” of American jurisprudence. Rather than attempting to overturn these cases, conservative legal scholars and judges should learn how to make Founding ideas work in the twenty-first century. Some excerpts: “Incorporation of the Establishment Clause…means […] -
“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 […] -
“The Lincoln Proposal”: Foster, Pecknold, and Craddock in Public Discourse
In this piece, Catherine Glenn Foster (James Wilson Fellow 2016), Chad Pecknold, and Josh Craddock (James Wilson Fellow 2019) explore a way in which a pro-life president could protect the right to life of prenatal persons through an executive order. The executive branch – being co-equal to the legislative and judicial branches – also has […] -
Does the Fourteenth Amendment Prohibit Abortion? A Webinar with Joshua Craddock
On October 20th, 2020, Joshua Craddock, JWI Fellow ’19 and Affiliated Scholar, was featured as a speaker on a webinar hosted by the Federalist Society at the University of Virginia School of Law. The webinar centered on Mr. Craddock’s recent article in the Harvard Journal of Law & Public Policy titled, Protecting Prenatal Persons: Does […]