Roe v. Wade remains, for us, the most contentious decision of our Supreme Court. Here’s the advice of our Supreme Court: The opponents of Roe should get over it. In its opinion in Planned Parenthood v. Casey (1992), the Court …
Professor Nichols urges us to revisit the arguments surrounding the Emancipation Proclamation (EP) for two reasons. The second reason noted is that the “constitutional issues at stake . . . are relevant to contemporary American politics.” That’s true enough, especially …
Very few contemporary legal thinkers turn to natural law for help in interpreting the Constitution. Among the many reasons for this, one is the belief that natural law supports slavery. Justin Dyer takes on this belief and attempts to rehabilitate …
Recently Justice Clarence Thomas reflected on the American condition and its relation to the Constitution. He focused far less on specific legal issues and more on the enduring love of country “we the people” give it. He described how the …
As the Democratic convention rhetoric solidifies into cigarette ash and economic performance figures assail us, one line from President Obama’s speech should continue to intrigue and horrify us. Dealing with what he describes as decades-old challenges “will require common effort, …
Professor Fuller has provided a very helpful outline of Oakeshott’s conception of the rule of law. The British philosopher is at some of his most difficult here. But this is not to say that Oakeshott is ever easy. For readers …
Political rhetoric does more than simply convey partisan messages. It can also provide insight into changing conceptions of the relationship between the citizen and government, the ruled and the rulers.
So, for example, in its 1776 Declaration of Independence, the …
John Adams reconciliation of natural right with popular consent is the task of constitutional politics.
Timothy Sandefur seems to let his dislike for John Adams get in the way of his analysis. Sandefur thinks that the issue is “the …
Having just finished reading What So Proudly We Hail: The American Soul in Story, Speech, and Song, some readers might well ask, “Really, do we? Is it that simplistically romantic?” The editors might well reply in the negative suggesting …
This discussion with Professor Ralph Rossum of Claremont McKenna College explores the jurisprudence of Supreme Court Justice Clarence Thomas. Rossum posits that Justice Thomas practices an “original general meaning” approach that seeks concord among the three major strands of originalist …
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