Essays
August 20, 2021
The Wrong Way Forward
Contributing Editor Josh Hammer discusses possible paths for litigating the opioid crisis. Those responsible for the opioid crisis should be held responsible, but not via public-nuisance litigation.
August 18, 2021
The James Wilson Institute Teaches the Moral Foundations of the Law
Mike Sabo describes the essential work of the James Wilson Institute and the need to restore the natural law to our understanding of American civics and jurisprudence.
August 9, 2021
The Biden Administration Is Playing Dumb—and Into a Trap
JWI Deputy Director Garrett Snedeker argues that the Biden administration's decision to extend the eviction moratorium in defiance of the Supreme Court provides precedent for a future Republican administration to buck the Court to vindicate conservative priorities.
August 2, 2021
Reflections on the Arkes-Strang Debate
Philip Williamson responds to the Arkes-Strang Debate by explaining how the Declaration states the principles of a just government for the United States and how slavery is the exception that proves the rule.
July 30, 2021
Mississippi Asks SCOTUS to Overturn Roe
Contributing Editor Josh Hammer analyzes Mississippi's pro-life brief in the case Dobbs v. Jackson Women’s Health Organization.
July 29, 2021
The American Regime and Its Moral Ground
Hadley Arkes traces the moral ground of the American Regime to the Declaration of Independence's conception of natural law, which frames rights in the context of an enduring human nature.
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.
