natural rights

Positivism Only?: Privileges or Immunities in The Original Meaning of the Fourteenth Amendment

Professors Randy Barnett and Evan Bernick deliver an exhaustive originalist appraisal of the text, structure, and historical treatment of the Fourteenth Amendment in their co-authored 2021 book The Original Meaning of the Fourteenth Amendment. This title reflects the authors’ support of the modern, mainstream originalist project which seeks the original public meaning of enacted and

“Constititional Issues Post-Dobbs” JWI at Nat Con 3

The James Wilson Institute was one of the co-sponsors of the National Conservatism Conference in Miami, Florida from September 11-13 2022. We were grateful to be invited by the Edmund Burke Foundation, the conference organizer, to convene a panel titled “Constitutional Issues Post-Dobbs.” This panel provided unique insights into the state and direction of legal

“Building on the Right” with Mike Sabo, Editor of the RealClear Civics Portal

In this episode, Anchoring Truths continues its “Building on the Right” series with Mike Sabo, editor for RealClear American Civics. Garrett Snedeker sits down with Mike to discuss RealClear Public Affairs a “new series of sponsored curation” designed to “provide coverage of important and trending public policy issues.” The series provides its audience with a

Waiting for Dobbs

Hadley Arkes recalls that day, back in 1986, when Justice Byron White, one of the original dissenters in Roe v. Wade, startled Justice John Paul Stevens by suggesting that he too could accept Roe and a “right to abortion” in some form. Stevens seemed genuinely baffled. What White was offering was an understanding that would keep Roe v. Wade as a shell, while the substance was removed. Professor Arkes tries to reconstruct that argument here as an anticipation of what might happen if the Supreme Court seeks to take “the low door under the whole” in the Dobbs case—sustaining the law in Mississippi while affecting not to overrule Roe v. Wade.

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.

Anchoring Truths
Anchoring Truths is a James Wilson Institute project
The James Wilson Institute’s Mission is to restore to a new generation of lawyers, judges, and citizens the understanding of the American Founders about the first principles of our law and the moral grounds of their own rights.
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