David Upham argues with characteristic lucidity that, based on the due-process rights of children, the Constitution might actually prohibit same-sex marriage. The argument is innovative, but it ultimately demonstrates the danger of constitutionalizing policy disputes best left to prudential judgment.…
Over at NRO, Andrew McCarthy criticizes Rand Paul’s new legislation that provides that:
1. The collection of citizen’s phone records is a violation of the natural rights of every man and woman in the United States, and a clear …
It is frequently alleged or assumed that a tension exists between natural-law theory and constitutional originalism. The tension is undeniable if originalism is a naked form of democratic positivism—that, e.g., law is simply the expressed will of the sovereign, and …
In the public debates over religion, politics, and morality, isn’t there some rational standard that we all can agree on? Surely there must be a set of common foundations and core first principles from which we can reason together. This …
I’m deeply grateful for Professor Hashmi’s lead essay and would recommend it to anyone interested in the intellectual history of Islam or curious about the distinctions between a modern Islamic view of the relationship between government and religion and the …
Sohail Hashmi makes what seems to be a very reasonable case for the compatibility of Islam and constitutional government, and for the role of a reformed sharia as the foundation for the development of constitutionalism today. However, his case founders …
Hamilton’s declarations about liberty and republicanism and
…
The significance of James Stoner’s Forum essay on the common law, with the two responses by Hadley Arkes and John McGinnis, is made even clearer by recent events. Commentary on the sad passing of Judge Robert Bork and …
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 …
In this podcast, I discuss with Hadley Arkes the fundamental touchstones of our written Constitution that he contends are discovered through reason and logic in a process that goes beyond the text. In his most recent book, Constitutional Illusions and …
Facebook
Twitter
RSS
Email