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Common-good originalism’s historical understanding of the Constitution’s adoption is perhaps its weakest link. The Constitution emerged from a negotiated consensus of a complex popular sovereign—a fact that ought to reinforce a judge’s commitment to the written text.
Economics today is a decadent discipline, with a rich legacy but atrophied creativity. Uncredentialed economists and maverick academics offer the best hope for reviving worthwhile economics.
Supreme Court Justice John Marshall Harlan, once a slaveholder, was the sole defender of black civil rights on the Court during the Jim Crow era. Peter Canellos’s book, The Great Dissenter, explains how Harlan’s relationship with his African-American half-brother shaped his views on racial equality.
Pitting as it does two different conceptions of popular sovereignty against each other, the debate over the Electoral College is a proxy for a more fundamental debate over what kind of regime should govern America. The history of French republicanism teaches that the closer Americans come to changing the way they elect their president, the closer they come to regime change.
This is a signal moment in America’s constitutional history. One of the most notorious decisions in the Court’s history is likely either to be repudiated and overruled—discarded, finally and definitively—or else reaffirmed and entrenched, perhaps permanently. The stakes could not possibly be higher.
The resolution on abortion that was passed at the annual meeting of the Southern Baptist Convention in Nashville was well-intended but woefully flawed. It offers no exception for the life of the mother, and it opposes incrementalism. Those two items are serious shortcomings that would lead to the loss of more innocent lives, not fewer.
What are the small and humble questions that should animate all human lives, that work to reveal to us little by little our unique mission? Questions like these: “Who or what am I responsible for today? How can I use my time well? What ought I do in this situation? How do I treat this person with the love and dignity she deserves?” We find our life’s mission not by seeking after some “castle in the air,” but by fulfilling the very concrete duty of each moment, one moment at a time.
Every “no” to the state in the name of religious conscience is predicated on a greater “yes” to a power higher than the state.
To fix the social contract, we need more market capitalism, not less.
Policy can tax vice and remunerate virtue. But policy cannot do what churches, fathers, mothers, friends, and coworkers can do, which is to invite individuals into fruitful, sacrificial communities.
A growing number of jurisdictions have taken steps to pass bans on “conversion therapy,” a term referring to efforts or interventions to change or suppress the sexual orientation or gender identity (SOGI) of persons. These bans enforce a message of expressive individualism—that the only acceptable response is to “affirm” a person’s SOGI—and rest on a faulty anthropology on sex and gender. They infringe upon aspects of individual and group autonomy, and they negatively impact public order, health, and moral considerations.
"If you look at today’s Republican senators, there are differences among them about the role of government that are very profound, and that are deeper than anything we’ve seen in two generations on the Right. But they take those differences as reasons to be publicly disappointed with each other, rather than as reasons to actually mobilize some bloc of voters (and politicians, and activists, and intellectuals) and try to negotiate about what the party should offer the country."
LGBT lobby groups do not want to “live and let live.” They want their interests to live and the interests of religious conservatives to die. They are playing to win. Religious conservatives must do the same.
The time has come for people of faith to acknowledge reality and seek a resolution that protects both LGBT civil rights and religious liberty. The Fairness For All Act is a serious effort to reach a sustainable and balanced resolution while there’s still time.
Parliament’s tax on paper to control the colonists’ speech through a public-private partnership has striking parallels to the public-private partnership of government and big tech today. Protecting the stack—the digital age printing presses—is not a matter of liberal or conservative politics, but of core American freedoms.
Minimum wages, despite good intentions, harm the very people they are intended to help. The right minimum was $0.00 in 1987, and it still is now.
Many conservative elites know that cultural resentment has the potential to take the Republican Party in an ugly direction. That’s why so many of them cling to the alternative explanation: “It wasn’t racism or misogyny that was motivating Trump voters! It was righteous anger that their government hasn’t done more to protect them from the ravages of globalization!” In reality, to the extent that the Trump coalition was unified and energized by anything, survey data suggest that it was cultural issues, not economic ones.
The Equality Act goes far beyond the noble desire to protect vulnerable people. It burdens consciences, severely curtails the rights of people to practice their faith, smuggles in an abortion mandate, and explicitly exempts itself from respecting religious freedom.
The passage of the Equality Act would mean the death of religious liberty. It would force all religious institutions and citizens to prove to the government’s satisfaction that their convictions merit constitutional protection.
The question was never whether or not conservatives should engage the multilateral system. It was always what kind of multilateralism conservatives want: one that is accountable to self-governing sovereign states and advances U.S. interests, or one that is wholly untethered from political oversight and unaccountable to the American people.
After decades of struggle, the conservative judicial project has finally produced a possible working majority of five originalists on the Supreme Court. There are plenty of reasons to wonder how consistently they will coalesce in practice and how willing they will be to revisit wrong precedent. But trashing Antonin Scalia’s originalism and replacing it with Josh Hammer’s idiosyncratic, results-oriented version isn’t likely to help matters.
What libraries do on the demand side—acquiring the books and other materials that their faculty and students need to do their research—the university presses do on the supply side, bringing important research into print. Unfortunately, one of the best university presses in the country now faces the threat of closure.
Conservatives are generally good at conserving, and we are particularly aware of the continuities across the human condition. But given today’s conditions, when so much has changed so recently and so many social problems bedevil us, we need to get great at creating new institutions.
Our nation’s morally formative institutions are weak and weakening further, thanks in no small part to the enormously destructive effects of social media. The single type of institution best suited to resist these and other pressures of our times is the mission-driven, tech-skeptical K–12 school. The successes of our best countercultural colleges and universities, viewed in the light of Yuval Levin’s invaluable work on the nature of institutions, show us how the incentive structures of an excellent K–12 school make it the formative institution our time needs most.