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Search Results for: constitution – Page 36

Public Discourse

Why Republicans Need to Change the Way They Talk about Immigration

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By purifying their party of imprudent rhetoric, Republicans will be better able to identify adequate immigration policies, win the respect of Latino citizens, and form a reasonable response to the president’s recent executive action.
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Poverty, the Rule of Law, and Human Flourishing

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If we want to be coherent when addressing poverty, our concerns can’t be rooted in emotivist or relativistic accounts of who human beings are. They must be founded on recognition of each person’s freedom, rationality, and dignity.
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Connecting Religious and Economic Liberty

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New data suggest that countries that value and protect religious liberty offer fertile soil for economic liberty to flourish.
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Civic Trust and My Friend José

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The disappearance of forty-three Mexican students serves as a cautionary tale—and a reminder of the crucial importance of what civic trust we Americans still have.
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J.S. Mill and the Pro-Life Cause

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In spite of its many problematic aspects, the political thought of J.S. Mill provides a low but solid foundation for the essential convictions of the pro-life movement: that the unborn, in virtue of their common humanity, deserve the full protection of the law.
Public Discourse

Embracing Exile, Working for Renewal: A Report from the Pennsylvania Conference on Faith and Society

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Untethered to an “establishment” and or a “mainstream” that needs to be placated, today’s conservative students can experiment freely with impolitic ideas—perhaps more closely approaching the truth in the process.
Public Discourse

Who’s Framing Brittany Maynard?

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The effort by pro-euthanasia group Compassion & Choices to use Brittany Maynard’s story to push physician-assisted suicide is part of a larger strategy. When talking about end-of-life issues, a strategically crafted frame points to only one logical conclusion: I’d rather be dead.
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Between Magisterium and Magistrate: Notre Dame’s Choice on Marriage’s Meaning

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Notre Dame’s acceptance of the same-sex marriage movement’s rhetorical paradigm has made our nation’s flagship Catholic institution impotent. Yet there is an opportunity for the Notre Dame community to model ways to promote the good amid the crumbling ruins of institutional integrity.
Public Discourse

How Sex Difference Makes a Difference: A Reply to Ilya Somin

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Courts heighten scrutiny of policies that classify people by sex and other “suspect” traits. But laws defining marriage as a male-female union are different in structure. The very form of policies based on the male-female pairing—unlike every other classification—demonstrates their connection to the common good. So courts shouldn’t subject them to the special scrutiny applied to other laws that classify by sex.
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Putting to Rest a Bad Argument: Marriage Law and Sex Discrimination

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The Supreme Court closely scrutinizes policies involving racial, sexual, and other “suspect” classifications. But unlike almost every other classification imaginable, marriage laws use a criterion necessarily linked to an inherently good social purpose that we didn’t just invent. This criterion isn’t truly suspect and shouldn’t get heightened scrutiny.
Public Discourse

A Right to Euthanasia?

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For both principled and practical reasons, the Supreme Court of Canada should maintain the country’s legal ban on euthanasia and physician-assisted suicide.
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Religious Liberty at a Crossroads?

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US religious liberty law is not perfect, but it still deserves our support. Religious exemptions witness to the value of religion as a transcendent good. And nothing in the Supreme Court cases requesting religious liberty exemptions for Muslim citizens undermines that effort.
Public Discourse

The Profound Injustice of Judge Posner on Marriage

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The equality that demands same-sex marriage demands that all social recognition of the distinction between mothers and fathers—of the paternal and the maternal, the masculine and the feminine, and of the sexual identity of everyone as male or female—must be systematically expunged, to be replaced by the lies and seductions of “gender identities” on the ever more blurry rainbow spectrum.
Public Discourse

The Defense of Marriage Isn’t Over

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Monday’s action from the Supreme Court is a setback for sound constitutional self-government and for a healthy marriage culture. So where do we go from here?
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Natural Morality, American Exceptionalism, and Race Relations

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The anti-slavery arguments of American abolitionists demonstrate the way in which Lockean natural rights and Thomistic natural law can be reconciled.
Public Discourse

The Illusion of Neutrality

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The secular state cannot be neutral in matters of religion.
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What Reason Can Know and What Government Should Legislate: A Rejoinder to Arkes

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The existence of objective moral truth that is knowable by reason does not imply that people generally, much less particular public officials, will in fact know and embrace that truth. Very often, they won’t, and that is why systematic limits on government power, such as the Religious Freedom Restoration Act, are good laws.
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Judging Beliefs and Shaping Laws: A Reply to Robert Miller

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Legislators and judges not only can but must gauge the moral justification of every law.
Public Discourse

Professor Arkes and the Law

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When the law limits the courts’ power to inquire into the truth or reasonableness of religious views, this is not because the law is assuming that religious beliefs lack rational foundation. Rather, it’s because allowing courts to exercise this power on a large scale would be too dangerous.
Public Discourse

Obamacare: Text and Intention

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Confronted with its legislative weaknesses, defenders of Obamacare are appealing to the law’s intent instead of its text. This is a dangerous approach that the founders clearly rejected.
Public Discourse

A Caution against Compatibility: On Natural Rights and Natural Law

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While Adam Seagrave offers a provocative and original reading of Locke, his assumptions about the self and ownership are deeply problematic.
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Who Deserves Respect?

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Civility is due not to a person’s opinions, but to the person himself.
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Gordon College and Pluralism in Higher Education

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Requiring all colleges and universities to adopt the same practices and policies would destroy their institutional identities and prevent them from achieving their diverse missions.
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The Blessings of Liberty and the Index of Culture and Opportunity

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Opportunity is not merely the absence of artificially imposed impediments. It is also the capacity to pursue happiness, individually and in community. Adapted from the 2014 Index of Culture and Opportunity.
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