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Search Results for: congress – Page 15

Public Discourse

Justice Brandeis and the Birth of Liberal Judicial Activism

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The roots of today’s judicial activism stretch back one hundred years to the appointment of controversial Supreme Court Justice Louis Brandeis, a champion of “sociological jurisprudence.”
Public Discourse

Don’t Eliminate the Filibuster–Restore and Reform It

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With a simple change, the Senate can restore its republican bona fides, give minority points of view an audible voice, greatly reduce the number of filibusters, make incremental gains in the passage of bills important to the majority, and improve the quality of debate.
Public Discourse

The Living Constitution Revisited

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Justice William Brennan’s vision of a living constitution continues to dominate contemporary constitutional interpretation, in spite of its troubling inconsistencies.
Public Discourse

Conscience, Obamacare Mandates, and Sex-Reassignment Therapies

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No American should be forced to violate his or her moral and religious beliefs, especially when it comes to morally fraught issues in health care.
Public Discourse

Liberty and SOGI Laws: An Impossible and Unsustainable “Compromise”

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Big Business and Big Law are using Big Government to impose their cultural values on small businesses and ordinary Americans. Indiana does not need to create new laws on sexual orientation or gender identity for people who identify as sexual minorities to be treated justly. The best way to protect all Hoosiers is for Indiana not to adopt a SOGI policy at all.
Public Discourse

Corporations are People, Too

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The contemporary left’s extreme anti-corporation position is hostile to the traditional legal culture of American liberty, which advances the common good by protecting the rights of both individuals and formally organized groups of people.
Public Discourse

Could America Survive without Religion?

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Can freedom survive in a society in which most citizens believe that human beings, who are supposed to have inalienable rights, are merely material beings inhabiting a universe of purely material and efficient causality?
Public Discourse

Due Process and the Logic of the Law: A Response to Hadley Arkes

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To properly understand due process, we must grasp the key distinctions between law and decrees and between law and morality. If judges are authoritative arbiters of the “logic of morals,” we have subjected ourselves to an unelected, life-tenured legal elite whose reach exceeds our grasp.
Public Discourse

Recovering Lincoln’s Teaching on the Limits to the Courts–and Giving the News to David Blankenhorn

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History clearly demonstrates that the legislative branch can legitimately act to counter the rulings of the judicial branch. This is as true for marriage as it was for slavery.
Public Discourse

More Than We Wish to Know: Chen Guangcheng and the Truth about Chinese Human Rights Abuses

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We hear endlessly of “change” and “reform” in China, and the United States has premised its policies on these promises. The memoirs of Chen Guangcheng paint a very different portrait.
Public Discourse

Medicine, Health, and Sexual Liberation: Friends or Foes?

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It is a grave mistake to distort medicine for ideological purposes.
Public Discourse

A Contradictory Man: The Legacy of Daniel Patrick Moynihan

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By taking seriously the thinking of a scholar-politician who transcended the contours of our political divide, Greg Weiner illuminates possibilities for American politics that have been lost with Daniel Patrick Moynihan’s passing.
Public Discourse

The Image of Liberty: What the Roman Empire Can Teach Us About American Politics

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A look back at the disintegration of republicanism in the Roman Empire yields important lessons for contemporary American government. Will we demand actual liberty—including the authority truly to govern ourselves—or be content with its image?
Public Discourse

Did The Supreme Court Take Tennessee Courts Out of the Marriage Business?

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For a trial judge, the jurisdictional implications of the Supreme Court’s same-sex marriage decision are not matters of idle speculation. They are pressing practical questions with grave consequences.
Public Discourse

The Inequality Act: Weaponizing Same-Sex Marriage

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If enacted, the deceptively titled Equality Act would punish dissenters, giving no quarter to Americans who continue to believe that marriage and sexual relations are reserved to the union of one man and one woman.
Public Discourse

The Supreme Court’s 2014-2015 Term: The Year the Administrative State Trembled

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The opinions of the Supreme Court’s most recent term indicate that the court’s conservative justices are rethinking the scope and power of the administrative state.
Public Discourse

Marco Rubio Is Right: The Life of a New Human Being Begins at Conception

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Senator Rubio is on the firmest possible scientific ground when he says that science shows that the child in the womb, from the very point of successful fertilization, is indeed a human being.
Public Discourse

The Constitutional Powers of War and Peace

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228 years ago today, the Framers at the Constitutional Convention decided the power to declare war would be reserved to Congress, and the power to conduct war and make peace would be reserved to the president. Presidents and congresses have not always followed the Constitution in matters of war, but that doesn’t mean the Constitution has changed.
Public Discourse

Conservatism, Free Markets, and America’s Post-Obama Economy

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Instead of settling for damage control, now is the time for conservatives to outline a far-reaching pro-market economic reform agenda. Not only should conservatives explain how America’s economy can be changed in ways that promote lasting growth and wider prosperity, but they should also speak in moral terms, presenting a convincing normative alternative to progressivism’s social democratic vision.
Public Discourse

The Unsoundness of Judicial Supremacy

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Decisions of the Supreme Court that go beyond power delegated to the judicial branch or are contrary to the Constitution are null and void. To protect our constitutional republic, citizens, states, and the other branches of the federal government must resist any such decision.
Public Discourse

Religion and the Republic

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A true republic respects religious speech. Such speech represents a different authority from governing power and affirms its limited nature.
Public Discourse

Marriage and the Constitution: What the Court Said and Why It Got It Wrong

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The Supreme Court’s ruling is a significant setback for all Americans who believe in the Constitution, the rule of law, democratic self-government, and marriage as the union of a man and a woman. Will the right of Americans to speak and act in accord with the truth of marriage be tolerated?
Public Discourse

Thanks for Everything, Justice Kennedy

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As a legal opinion, Obergefell is an utter failure, relying as it does on a tenuous and historically ungrounded jurisprudence of “dignity.” The debate over same-sex marriage is not over. A constitutional ruling so shoddily reasoned, so completely and easily dismantled by the dissents, must paper over a cause that cannot ultimately win in an open debate.
Public Discourse

The Practical Wisdom of Chief Justice Ellsworth: Reconsidering the Separation of Church and State

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If good morals are essential for a free republic to endure, and if a certain group of institutions successfully promote those morals, then it follows that a well-governed state may be friendly to those institutions—even if they are churches.
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