Loyalty and Liberal Constitutionalism

We The People - U.S. Constitution document and flag

I have returned to the mothership after a great trip to Worcester, Massachusetts earlier this week to speak at Assumption College for its Constitution Day event, albeit a few days after September 17th. The students and faculty at the event were excellent. I thought it worth mentioning that the students in attendance were fundamentally sound in mind and not overwhelmed with ideological convictions, which proved excellent for the talk I delivered. In short, there’s a solid liberal arts tradition at Assumption. And that’s all to the credit of the faculty. If you’re looking for an education in the Humanities for yourself or for a son or daughter, then I would urge considering Assumption. They also permitted me to indulge in a bit of an off-road lecture on Orestes Brownson’s case for political loyalty as the crucial underpinning of our constitutional order. Many thanks to Prof. Bernard Dobski, Chairman of the Political Science Department, for the invitation and to Brother Greg for a wonderful introduction. My talk is below:

Read More

Freedom and the Natural Law: A Conversation with John Lawrence Hill

natural lawIs the natural law necessary for any enduring consideration of freedom and responsibility? Answering in the affirmative is John Lawrence Hill who joins us in this edition of Liberty Law Talk to discuss his latest book, After the Natural Law.

Reason Bounded by Experience

The Constitution by Barry Faulkner, Mural the Rotunda of the Capitol. Source: National Archives

To say legislation is not a discretely rational exercise is not to say it is positively irrational. But what of the fundamental law that is often taken to be the apex of legislative reason: the Constitution of the United States?

Read More

Natural Law and “This Court’s Authority”

Locke_treatises_of_government_page

Talk about a teachable moment: I couldn’t believe it when I found a reference to “natural law” in a Washington Post article about Rowan County Clerk Kim Davis’ ill-fated conscientious objection to our new marriage regime. I couldn’t resist taking it to my students, all sophomores in a core class where we’re currently reading and discussing John Locke’s Second Treatise of Government

Read More

Hobbes, Locke, RFRAs, and Wedding Photographers

 

locke

In the 16th century, Europe experienced a long series of nasty and violent religious wars. With Christianity splitting into many sects, each one wanted its own political power. Once a sect gained that power, it used it to oppress the others. The oppressed sects then fought that much harder to achieve their own independence.

Into this fray of religious warfare, Thomas Hobbes entered and proposed a solution: Instead of fighting about which religion would hold sovereign power so as to extend its influence, we could all just collectively decide that sovereign power would only promote peace and stability for its citizens. By defining sovereignty down, Hobbes hoped to avoid bloody religious warfare. Amidst this redefined sovereignty, Hobbes proposed picking one overriding religion—it didn’t really matter which one since all were equally untrue—and imposing it on all.

Read More

Equal Rights for All

青い地球を見つめる大勢の人々

Who would argue with the Declaration of Independence’s claim that “all men are created equal”?

But one immediately runs into trouble. What about the Declaration limiting it to “men”? Are women equal? They did not have the right to vote at the beginning. Yet, Thomas Jefferson and the other Founders certainly believed women were morally equal and were covered under the generic term “men,” for mankind. Was that enough?

Read More

The Political Thought of Walter Berns

walter-berns

The death of Walter Berns (1919-2015) has deprived this country of a patriot both remarkably devoted and remarkably thoughtful. He was a thinker resolutely loyal to, yet resolutely reflective about, the United States. These two qualities were also characteristic of Walter as a person and as a friend.

Among the numerous subjects that this political theorist addressed, I am selecting for special (though far from exhaustive) attention these: constitutionalism, patriotism, punishment, public morality, civic education, and religion. How, and to what extent, has he illuminated these subjects? How consistent are his viewpoints regarding them, advanced in various contexts over many years?

Read More

Here Comes Everybody

We will soon know if the U.S. Senate changes hands, but I’m not one of those waiting with bated breath. I had lunch with a prominent conservative columnist a while back. “It’ll be different in November,” he exulted. “We’ll take the Senate!” “And then what will happen?” I asked. “We’ll pass legislation and send it up to Obama,” he answered. “And then what will happen?” I asked.

My friend thought that the most arrogant and narcissistic President the country has ever seen would blanche before Mitch McConnell. Count me a skeptic. We have gridlock this year, and we’ll very likely have gridlock in 2015, whatever happens in November.

Oh, I know there’s the Senate’s advise and consent role, when it comes to judicial appointments. Conservatives like to pretend that that’s important. All it means is that, with divided government, we won’t see Justice Eric Holder. So we’ll see Justice Elena Kagan. Tell me what’s the difference.

Read More

God, Political Science, and Werner Dannhauser

Anyone who takes higher education seriously attends to the words of legendary teachers. They are likely to be undisciplined, witty, and unfashionable; about great books; ironic about the careerism of their colleagues, students, and administrative bosses; self-indulgent; and insistently erotic, without being creepy.

Read More

The Real John Locke—and Why He Matters

LockeScores of textbooks attest that John Locke is the most important intellectual influence on America’s Founding. No other first-tier philosopher can provide a moral and theoretical justification for the United States, its traditional culture, and its form of government. Even the skeptics who question Locke being the only influence concede he was the most significant. The practical problem is that modern experts are confused about what Locke actually thought.

Read More