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Jail

Fitting the Punishment to the Crime: The Justice of Contemporary Criminal Sentencing Laws

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Were the criminal sentencing reforms that began in the 1970s too harsh? Rachel Barkow’s new book says they were. But most Americans would likely call these changes progress: our worst offenders now get something closer to what they should get than in the days when the experts were more in charge of punishment. Perhaps the real question is whether we should ground our criminal law more on justice as retribution.
Woman

Use and Abuse: The Exploitative Reality of Surrogacy and Egg Donation

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No one has the right to a child, and the bodies of women and children should never be treated as commodities.
Quran

American Muslims Challenge Transgenderism—and Each Other

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In amicus briefs to the Supreme Court in cases about sex, sexual orientation, and gender identity, some American Muslims argue from their beliefs while others push LGBT causes. This contrast provides non-Muslims a window into the teachings of Islam, and a ringside seat for intra-Muslim conflicts. At stake is whether truth claims or identity politics will prevail.
Hospital

“Freedom,” “Choice,” and Physician-Assisted Suicide

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The supporters of physician-assisted suicide are indefatigable in their quest to legalize the practice in the United States, and they are co-opting the conception of freedom, as understood by the prevailing political thought during the American founding, to support their cause.
Supreme Court

A Supreme Court Decision Reflecting the Progressive Dismissal of Liberty

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The constitutional framers knew that not everyone would always agree on how other people exercised their fundamental rights, such as property and religious liberty, which was precisely why those rights were enshrined in the Constitution. However, modern progressives have sought to undermine that constitutional consensus.

Russell Kirk’s Guidance on Community and Local Government Is as Necessary As Ever

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In a nation whose communities have declined, and in a republic in which disagreement on first principles now includes topics that previous generations imagined could not be contested, the moral order must be rebuilt in local communities.

Cross Purposes

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The Supreme Court has long channeled the views of a very particular sort of religious and elite class interest in its Establishment Clause jurisprudence concerning religious displays. Cases like American Legion v. American Humanist Association suggest that it is—gradually and haltingly, but nevertheless steadily—withdrawing from this field of cultural combat.

The Civil Rights Issue of Our Time? In Defense of School Choice

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Faced with a national educational disaster that permanently cripples so many of America’s neediest children’s life chances, it is not “anti-public school” to advocate for voucher experiments. It is true to our republican aspirations to enable at least some of these kids the chance to attend a private school.

The Many Harms of Gender Identity Laws: A Mother of a Trans-Identifying Teen Speaks Out

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All people should be protected from harassment and harm, no matter how they identify. But we as a society must be allowed to reasonably act on the basis of sex when medical treatment, privacy, and safety are at stake. If “gender identity” becomes a protected class, women and children are the ones who will suffer most.

Changing Society’s View on “Hooking Up”

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Unmoored from a committed and loving marital relationship, the unchecked sex drive harms both the individual and the society in which he or she lives.

Conservatives Should Care about Institutional Racism

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Contemporary America faces continued racial discord that throws into question our mutual seriousness about the natural rights tradition and our commitment to the demands of republican citizenship. In an effort at self-scrutiny, conservatives should ask ourselves what our first response is in the face of evidence of institutional racism, and then ask ourselves what it should be.

Parental Rights: A Casualty of the Transgender Revolution

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If the medical establishment deems “transitioning” in the best interest of a legal minor and the parents object on moral or religious grounds, legal precedent now exists that suggests that parental rights can be severed in the interest of countenancing transgender orthodoxy.

The Fourteenth Amendment and Masterpiece Cakeshop: Equal Citizenship, our Inclusive Republic, and Anglo-American Common Law

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The government cannot impose creedal and exclusionary limits on occupational freedom by compelling particular citizens to provide goods and services contrary to their beliefs, unless those citizens have such a monopoly market power as to exclude other citizens from the market.

An Absurd Fate: What Happens to Abandoned Embryos?

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A recent embryo custody battle highlights the plight of the hundreds of thousands of frozen embryos in the United States today.

New York Courts Rule Against “Aid in Dying” and Warn of Its Dangers

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The New York Court of Appeals has dealt a resounding blow to the state’s assisted suicide lobby.

Surrogacy Reaches the Supreme Court

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Surrogacy is out of control in the United States. All those who care about justice, the Constitution, and human rights must fervently hope that the Supreme Court will decide to hear this case.

The Urgency of Restoring the Biblical Values of America’s Founders

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Our nation was founded on biblical principles as a haven for devoutly religious dissidents. We forget our Judeo-Christian origins and the founders’ commitment to freedom of religion at our peril.

Trading on the Female Body: Surrogacy, Exploitation, and Collusion by the US Government

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Commercial surrogacy is the ultimate manifestation of the American neoliberal project of capitalist commodification of human life to create profit and fulfill the narcissistic desires of an entitled elite.

That Time I Turned a Routine Traffic Ticket into the Constitutional Trial of the Century

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Laws that give municipal officials and their private contractors power to issue tickets via traffic cameras confer powers of both criminal and civil law while excusing them from the due process duties of both criminal and civil law.

Toward an Urban Conservativism: Learning the Right Lessons from 2016

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Facing an increasingly divided nation, the conservative movement must offer policies addressing the reality of life in urban centers.

Feminists Should Fight the Department of Education’s Redefinition of Sex Discrimination

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Title IX exists to address discrimination faced by women and girls. Now it’s being used to privilege the interests of one male over many females.

Unconscionable: Threats to Religious Freedom and Rights of Conscience in the Abortion Debate

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Waging war against those who cannot in good conscience help perform or facilitate abortions does little to improve access for women seeking abortions, damages the integrity of those who object, and harms civil society.

Tea Party Elegy

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Our Constitution alone will not be adequate protection if we allow the left to sweep through our mainstream culture and our institutions.

Life Worthy of Life: Down Syndrome, Equality, and My Son Silas

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Those of us blessed by the love of someone with an extra twenty-first chromosome look forward to October. October invites me, along with all other parents of children with Down Syndrome, to proclaim loudly that our children live lives worthy of life.
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