Are We All Common Good Constitutionalists Now?
John Ehrett ’21 analyzes the role Vermeule’s book plays
in calling for a return to better legal reasoning. Yet, even Vermeule’s
solution may not address the root of the problem.
constitution
Recovering a Conservative State Legal Theory
Jeffrey Bristol engages with Holden Tanner and Jesse Merriam about the role of historical originalism in state and federal structure. He argues that the federal constitution is unique from other nations in that it retains a long, public discourse and history that has matured with fundamental perception and that has been vital to both its conception and meaning.
And All the Students Said, “Amen”
By offering a voluntary prayer, the government introduces its students to religion in a way that is not coercive or intrusive. It is, rather, a traditional acknowledgement of religion, even if it simply constitutes a recognition of the theistic origins of our unalienable rights.
Common Good and Common Belief in the Common Law
With discussions about the common good reaching the public square, Timon Cline writes about how the common good can be determined by both judges and legislature.
No free exercise for Aztecs—or abortionists
Jordan Ballor presents the proper limits for religious liberty. Strong belief isn’t enough to justify actions that violate the natural law.
Churches: An Existence of Their Own or Creatures of the Sovereign?
JWI and First Liberty’s CRCD Co-hosted a webinar with Profs. Adam MacLeod and Robert Miller. They discussed the relationship of churches and the government, and whether churches have an existence of their own or if they simply exist from a grant of the government.
Is it Time to Rethink the School Prayer Cases?
Prof. Francis Beckwith makes the argument for re-opening the question of school prayers in the courts, explaining how this would enable local governments to seek the common good.
Judge Pryor’s Friendly Fire
Prof. Arkes defends “A Better Originalism” against Judge William Pryor’s critique.
A Common Law Restoration Serves the Common Good
Josh Hammer responds to Holden Tanner’s piece on Conservative judging. He explains how even the Constitution itself orients our jurisprudence towards principles of natural justice.
A World After Liberalism: Reviewed by Prof. Daniel Mahoney
Prof. Mahoney reviews an account of anti-liberalism and demonstrates the need for faith and reason to guide our nation.
