Essays
July 26, 2021
In Defense of Common Good Originalism
Contributing Editor Josh Hammer defends against criticism of his Common-Good Originalism essay, arguing that ambiguities in the text's meaning require us to give precedence to substantive ideals in interpretation.
July 23, 2021
Redeeming the Constitution
In his response to David Forte's "Originalism and Its Discontents," Bradley Rebeiro utilizes the case study of slavery "to reconsider how we understand this tension between originalism and natural law theory to see if there remains a better way to reconcile the two."
July 16, 2021
Contra Historicist Originalism
In his exclusive, inaugural piece, Hammer responds to Professor Stephanie Barclay's recent article about the non-partisan nature of originalism. Hammer claims that Professor Barclay misrepresents the contemporary right-of-center alternatives to originalism and that these emerging strands better represent our Founding philosophy.
July 12, 2021
Should the Declaration Inform the Constitution?: Hadley Arkes and Lee Strang Debate Transcript
JWI Founder and Director Hadley Arkes and Toledo Law School Professor Lee Strang debate whether or not originalism should utilize the natural law substance of the Declaration of Independence to answer constitutional law questions.
June 28, 2021
Conservatives after Fulton: Time for a New Path
In this exclusive essay, Prof. Arkes argues that the conservative justices have become caught in a mirage with their opinions in the recent Fulton case. Finally resolving the issue, he argues, requires them to return to its root.
June 23, 2021
Fulton and the Future of Religious Liberty
Gerard Bradley analyzes the recent decision in Fulton v. Philadelphia, and suggests that the Smith case may be on its last legs.
June 17, 2021
The Imperative of a Boring Judiciary
Eric Hageman responds to David Forte and "A Better Originalism," warning that illegitimate lawmaking by judges is not the solution to the current problem of an overreaching judiciary.
May 12, 2021
In Defense of "A Better Originalism"
Prof. Hadley Arkes responds to John Grove's critique of the James Wilson call for conservatives to adopt an originalism of moral substance.
May 6, 2021
Originalism and Its Discontents
Prof. David Forte responds to "A Better Originalism," reminding we must look at the Constitution as a whole, both its legal presence and its moral principles.
March 29, 2021
A Better Originalism
JWI has released a new statement of purpose in collaboration with the American mind, which calls upon conservatives to adopt an originalism of moral substance in the wake of Bostock v. Clayton County.
