Born-Alive Act Redux!
Prof. Arkes reflects on his work crafting the Born Alive Act and takes some time to analyze the latest version of the Act, to him the best ever.
Originalism
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 …
“Constitutional Issues Post-Dobbs” JWI at Nat Con 3
The James Wilson Institute co-sponsored the National Conservatism Conference in Miami, Florida from September 11-13. We, along with the conference organizers, the Edmund Burke Foundation, convened a panel titled “Constitutional Issues Post-Dobbs.” This panel provided unique insights into the state and direction of legal conservatism. You can watch each of our panelists’ remarks below. JWI …
Common Good Originalism After Dobbs
The following is a transcript of remarks originally given in Miami at the National Conservatism Conference JWI helped to organize in September 2022. In 2020, Harvard Law School professor Adrian Vermeule first outlined his proposal for a jurisprudence of “common good constitutionalism” in an essay in The Atlantic. I initially responded with a friendly essay at the Claremont Institute’s American Mind site that …
Stricter Scrutiny for Common Good Constitutionalism
How does the common good constitutionalism of Adrian Vermeule compare to the natural law originalism of Hadley Arkes?
A Jurisprudence of Hope
Daniel Whitehead reviews Prof. Adrian Vermeule’s “Common Good Constitutionalism,” praising Vermeule’s view of the judiciary while also arguing that a more active judiciary can help reduce progressivism.
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.
“Moral Truth & Constitutional Conservatism” with Prof. Gerry Bradley, JWI Trustee & Senior Scholar: Part I
On May 6, Prof. Gerard Bradley of the University of Notre Dame School of Law delivered an address titled, “Moral Truth and Constitutional Conservatism.” We’re pleased to present Prof. Bradley’s lecture in this special edition of the Anchoring Truths Podcast.
A Jurisprudential Red Pill: Part I
Evelyn Blacklock examines Prof. Adrian Vermeule’s “Common Good Constitutionalism” and the alternative it offers to the status quo camps of jurisprudence.
