Articles tagged as James Madison
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“In Defense of Common Good Originalism” — Josh Hammer in Public Discourse
In an essay for Public Discourse, Josh Hammer addresses John Grove’s critique of common-good originalism, arguing that, when Constitutional language is vague, the moral principles of America’s founding become useful interpretive tools. Some excerpts from the piece: “It is first worth noting that Grove and I agree on more than he seems to realize. In […] -
“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 […] -
“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 […] -
“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 […] -
“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 […] -
James Wilson Lecture – “The Scottish Enlightenment and the Founding” –Prof. Daniel Robinson
On November 3rd, 2017, Prof. Daniel Robinson, Fellow of the Faculty at Oxford University and Senior Fellow at the Wheatley Institution, delivered the bi-annual James Wilson Lecture. Prof. Robinson has published over 40 books on psychology and philosophy. He writes widely on the constitutional history of the United States and its philosophical foundations with original research […] -
“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 […]