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According to Steven Smith, it’s meaningless to speak of our inherent natural rights. He dismisses the Founders without properly understanding them. A return to the Founders’ natural rights constitutionalism may not offer the best alternative to protect religious liberty today. But we cannot even entertain the possibility that it might if we do not understand the principles of justice or the practical meaning of the philosophy that originally animated the Constitution.
In Religious Liberty and the American Founding, Phillip Muñoz believes that there is a kind of natural rights logic that leads to his minimalist version of religious freedom. His central premise is that the Constitution should be interpreted according to the “natural rights” logic that was prevalent in the Founding period; and he tries to follow this logic to its conclusions, come hell or high water.
A healthy culture, nearly every Public Discourse reader would agree, needs strong families. There is a growing number on the right—and I count myself among them—who recognize the family as possessing an inherent economic logic, in addition to its essential culture-shaping role. Families are influenced by market forces, starting from the very fundamental decision of whether to form a household or not. This requires some amount of getting our hands dirty in the nitty-gritty of politics and policy design.
Although social contract theory is a prominent feature of the American founding, it is both unsound and harmful to a proper understanding of politics. This fact presents a challenge to any form of conservatism that is based on protecting and promoting the principles of the American founding.
Even the healthiest patriotism does not address whether America’s political regime ought to re-main basically neutral about whether its citizens flourish. If what our politics can give us is fair procedures for resolving disputes, and protections for speech and property, and a broad enough distribution of power that tyranny has difficulty taking hold, that is remarkable and we should be grateful. That still isn’t living well.
National Review midwifed and nurtured the modern conservative movement into being. Conservatism today is in a very different situation from the one that Bill Buckley confronted in 1955. There is this vast conservative enterprise now; it’s kind of hydra-headed. But the basic need is, first, to think about the circumstances in which we find ourselves and how to apply conservative principles to them—or a conservative disposition, if one prefers—and second, how to build a coalition that is large enough to take these ideas off of the shelf.
Although a committed progressive, through his novels, Todd Gitlin hedges his commitments by both recognizing the limitations of his worldview and portraying the merits of his political adversaries. No matter one’s own views, Gitlin’s intellectual virtues and fairmindedness displayed in his work are deeply instructive.
Helen Joyce’s Trans: When Ideology Meets Reality is a tour de force, taking the reader through the recent history and current state of transgenderism. By tracing the development of gender ideology, and the mechanisms of its contagion among staggering numbers of young people, especially girls, the book does much to restore our collective sanity. But in the end, Joyce’s argument for the importance of the sex distinction is too thin.
According to a recent complaint filed by the Jewish congregation L’Dor Va-Dor, Florida’s new law restricting abortion limits the free exercise of religion for Jewish women in Florida who wish to have an abortion after fifteen weeks. But this complaint misunderstands the nature of religious liberty: no religion, or any adherent thereof, has the lawful or moral claim to kill an innocent person in the name of that faith.
As young people prepare for college and early adulthood, they should reject conventional narratives that celebrate self-fulfillment and careerism. Instead, they should foster commitment to people, places, and ideas, and prepare for hardship and sacrifice. These countercultural habits and practices are difficult to establish, but they will serve one well in all stages of life.
The arguments of Yoram Hazony’s Conservatism: A Rediscovery reveal both the value and the difficulty of applying a Burkean approach to human social life in a modern, non-Burkean society like our own. Part two of a two-part review.
Yoram Hazony’s Conservatism: A Rediscovery offers a valuable new take on non-Lockean political theory, grounded in the Biblical tradition and relevant to our current affairs. Part one of a two-part review.
Conservatives have recently set aside their natural wariness of government intervention to propose new “pro-family” welfare programs, such as Senator Romney’s Family Security Act. In post-Roe America, the search for ways to support families is more pressing than ever. The problem is that there is very little evidence that these types of policies work.
The only way that we can really meaningfully grapple with the Supreme Court's legitimacy is to ask: what was it actually built to do? Roe was wrong. It had become the political equivalent of a black hole, totally devoid of substance, but with such immense gravity that it distorts everything around it. Abortion, of course, isn’t going away as a political issue. The difference now will be that instead of having debates about Roe, we’ll debate about abortion.
Harry Jaffa and Allan Bloom represent two ways of understanding the political philosophy of Leo Strauss, particularly in relation to the concept of classical natural right. The creative tension between Jaffa and Bloom, as well as their respective students, has produced some of the finest scholarship of the last half century or more.
As conservatives become more interested in family policy, they should avoid two extremes: rebutting any use of government, on the one hand, and on the other hand, assuming that trillions can be spent without negative repercussions. A social insurance model like the Family Security Act 2.0 strikes this balance: it provides modest but worthwhile support and preserves families’ authority to determine their own work-life balance.
Tearing Us Apart is just the book we need: it understands and works within our current rhetorical and political impulses. Unfortunately, it is silent on specific policies to address how to reduce abortion demand. Nonetheless, with pro-life leaders like Anderson and DeSanctis at the helm, we have every reason to believe that the future of our movement will be guided, not by ideology, but by what will best serve the good of babies, women, and families.
Administrative rules don’t require broad consensus, so they don’t enjoy the benefits of a diverse group’s deliberations. Instead, they reflect the will of the president or administrators. It falls to the Supreme Court to defend Congress’s authority to legislate against the encroachment of the administrative state. Thankfully, the Supreme Court recently did just this in West Virginia v. Environmental Protection Agency.
Perhaps maturity requires moderating our admiration for the intellectuals, the clerks, and the clever types. Surely a person of good judgment, stolid character, and immoveable rectitude is every bit as praiseworthy as the inventive and the quick—and in political and social life far more important.
In Carson v. Makin, the Supreme Court held that Maine’s exclusion of faith-based schools from a tuition assistance program for students in rural districts violated the Free Exercise Clause. The case, which is in many ways the culmination of a battle for equal treatment of faith-based schools spanning more than a century and a half, has significant implications for education policy.
With the overturning of Roe, if we do not take a serious accounting of our approach to disabled lives outside the womb, we stand a huge chance that the lives of unborn disabled children will remain a viable bargaining chip in state legislatures across the country.
Dobbs may be the most important, magnificent, rightly decided Supreme Court case of all time. It is restorative of constitutional principle. It upholds the values of representative, democratic self-government, and the rule of law, at the same time that it supports the protection of fundamental human rights. It is literally a matter of life and death. It is potentially transformative of American society, for the better. It is a rare act of judicial courage and principle. In every way, Dobbs is a truly great decision.
The past half century has seen the breakdown of institutional Christianity on which Jacques Maritain’s political project relied. Nonetheless, the limits of his thought do not vitiate the valuable insights Maritain offers for Christian politics in the twenty-first century. He reminds us that politics is about how to order our life together, not just creating ideals or defeating our enemies. He teaches us that we can order a society toward the temporal truths of Christianity, but that the temporal power of the state is no substitute for the spiritual power of the faith.
If a post-Roe future is defined by even deeper divisions and bare-knuckle election politics, and not by a cultural shift in our thinking about how to not only protect innocent life but to support the parents who give and nurture that life, then we will have failed—again.