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Roe is indefensible as a matter of honest constitutional interpretation. It short-circuited the political process and poisoned the Court. Its systematic flaws, widely acknowledged by a variety of progressive and pro-choice legal scholars, caused the judiciary to become the branch most, not “least[,] dangerous to the political rights of the Constitution.”
The ideas that the truth about the human condition is radically contingent on history (historicism) and that we can speak rationally only about facts and not at all about “values” or moral principles (positivism) lead inexorably to a failure of all conviction, and ultimately to nihilism. What results is fanaticism: the impulse to bend others to one’s will, despite—or precisely because of—the lack of any rational foundation for one’s preferences.
What Edgar Lee Masters intended as a clever and eerie indictment of American society has proven more prophetic than the Midwestern poet could have anticipated.
There are likely vanishingly few individuals who apply the rigorous ethical criteria they use against the COVID-19 vaccine to the rest of their medical and personal decisions. Such inconsistent application of religious freedom principles in the COVID-19 vaccine debate threatens to significantly weaken desperately needed protections for Catholic medical practices.
While the average engaged Catholic continues to show signs of making peace with progressive trends in sexuality and relationship behavior, the same is not true among the clergy. The type of man who completes seminary intending ordination is more conservative about matters of sexuality—as well as other markers—than those who enrolled 20, 30, or 40+ years ago.
When “lost world” or original position doctrines inform our search for justice, we are much less likely to work to improve social conditions in the real world. “Second-best justice,” on the other hand, seeks the reasonable solution to a dispute, one acceptable to all parties that repairs communal harmony to the greatest extent possible. Perfection does not enter the equation, either as an original state or as a goal.
A world ruled by muscle is going to be a man’s world. We don't live in that world anymore. And we don’t know terribly well what men and women are without that context. Are they just interchangeable? If there are essential differences, what are they? What should they be?
Catholics in colonial America pioneered a vision of liberty of conscience grounded in human dignity that would eventually be affirmed as doctrine by the second Vatican Council. A new book by Michael Breidenbach illustrates how unsettled the issue of papal temporal authority was in the founding era, and how damaging papal insistence on it was to the survival of Catholic minorities in English and colonial life.
To say that the Supreme Court exercises “mere judgment” belies the gravity of its power and the weight of its opinions. Judgment requires more than a mechanical application of the law. It requires, as Sherbert recognized but Smithignored, that judges determine whether a state’s particular interest is more or less compelling than an individual’s particular right.
Rand speaks to the young, to those who have not yet realized just how frail individual life is. In doing so, she tells an incomplete story. The human person is amazing, powerful, and wise, yet equally frail, weak, and foolish. It is in those times of weakness and folly that we most need others around us.
Is the scholarly life still worth pursuing? I am at that stage in my academic career where the question keeps me up at night. I want to pursue a PhD in my field of interest. I want to teach and write scholarship. But will there be a spot for people like me in the academy?
Moving books home has turned my mind toward publishers that seem to be of high value because of the enduring importance of their books. One such is Liberty Fund, which specializes in classic conservative and libertarian texts in politics and economics. Another is the Library of America, which has a broad mission to publish (in its own words) “America’s greatest writing.”
The history put forward in abortion litigation by advocates of abortion has never been about history. By their own admission, they “fudge it as necessary,” keeping up “the guise of impartial scholarship while advancing the proper ideological goals.”
Church is not just a place to sing, listen, think, or emote. It is where God delivers Christ and his forgiveness through Word and Sacrament into the whole human person. Privatized, digital worship services subtly spurn physicality and community, unintentionally endorsing a mind–body dualism that runs counter to Christianity’s holistic view of the human person.
Monuments answer questions about which parts of our history we choose to make into a public heritage—which strands of the past we choose to bring into the present in order to shape and form the future. Taking down monuments is not a choice to forget the past. It is a choice not to honor certain elements of our past in public.
One might wish that the Free Exercise Clause, as originally understood, had provided a basis for more judicial protection of religious rights than it does. But wishing doesn’t make it so. Judges don’t have the authority to interpret the Constitution to get better policy results, even if those are really, really important results.
The virtue of civility finds expression in the readiness to accept differences in those cases in which no common ground may be found. I can valorize my national particularity without the need either to demolish yours or to agree with your reasons for valorizing yours.
Catholic tradition has never considered the relationship between the principle of universal destination of goods and the right to private property as one between a “primary” and a “secondary” right. The former does not formulate a right at all, but only a fundamental principle from which the right to private property receives its ultimate justification.
There may indeed be a case for distinguishing the “female voice” and the “male voice” in literature. But don’t let anyone sell you on the false essentialism of a necessary “identity” of a writer with his or her principal subject, whether it be an identity of sex, or race, or culture.
One way of understanding the social Darwinists’ enterprise is to view it as an attempt to reintegrate science and philosophy, which had been torn asunder by modernity. While they seek this reintegration, they do so on uniquely modern terms: Philosophy is reduced to empirical, naturalistic science, that is, to the process, without the ends, or essences, or highest things. Their notion is that we can reduce human sciences, including politics, to relatively simple principles. This is contrary to the Aristotelian or ancient view, which held that politics is much harder than physics precisely because one must take into account unpredictable behavior, as well as choice-worthy purposive behavior toward complex ends—rather than more predictable motions and processes toward simple ends.
Natural law thinking profoundly shaped the way American and British leaders approached issues involving rights, sovereignty, and constitutional government. However, the imperial authorities and their colonial opponents often appealed to different, and even conflicting, strains of the natural law tradition.
Like cousins who resemble one another, common law and natural law are sometimes confused. There is in fact a deep affinity between common law and natural law, but it is better at the outset to describe their differences, and best to do this historically.
However deeply entrenched the natural law’s neglect or opposition is among today’s Protestants, it cannot be attributed to the magisterial Reformers of the sixteenth century. Although it is decidedly true that they championed a particular understanding of grace and faith that took issue with their Roman Catholic counterparts, this was not to the exclusion of other vehicles of divine agency. Rather, they assumed the natural law as a part of the fabric of the created order and therein maintained continuity with those across the Reformation divide.
One Nation Conservatism is itself a type of fusionism, a traditionalist-progressive mix rather than a traditionalist–classical liberal one. Traditionalists should not abandon a pragmatic alliance with the latter for intellectual commitment to the former.