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A Constitutional Administrative State?

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All governments must collect taxes, punish criminals, enforce building codes, and license certain professions. The real debate is over how the administrative state acts and under what powers. What would a constitutional administrative state look like today?

American Abortion, American Freedom

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Like slavery, abortion has become in the leftist mind the central political issue, on which the economic and social liberties of the modern United States all hang.

Qatar: America’s Troublesome Little Ally

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The Saudi-Qatari feud is empowering Turkey and Iran, thereby changing the geopolitical map of the Middle East.

A Fascist in the White House? Federalism as an Antidote to Authoritarianism

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Any scholar or commentator who truly worries about the prospect of fascism or nationalist tyranny should favor the restoration of a more robust American federalism, with more powers exercised by the states and fewer powers assigned to the national government.

The Constitution Already Prohibits Abortion: An Originalist Case for Prenatal Personhood

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Justice Antonin Scalia, an originalist, famously held that the Constitution neither permits nor prohibits abortion. On the contrary, unborn babies are “persons” within the original public meaning of the Fourteenth Amendment, and they are consequently owed due process and equal protection on constitutional grounds.

The Rolling Revolution in Sex and Gender: A History

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Radical feminist attempts to divorce identity from sex put in motion a rolling revolution in marriage and family life whose latest turn is toward transgender rights.

Sexually Violent Predator Laws and Indefinite Confinement: Insights from C.S. Lewis

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Sexually violent predator laws permit the indefinite confinement of persons who have already served a sentence for their crime. They are a perfect example of what C.S. Lewis called the humanitarian theory of punishment, replacing punishment and desert with treatment and therapy.

Hiding from the Sun: Gender Ideology’s Attack on Truth

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Gender ideology demands that everyone say of what is that it is not, and of what is not that it is. Lovers of truth must courageously resist this call to falsehood.

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.

Paving a Playground, and Weeding the Unruly Garden of Religious Liberty

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This week’s 7-2 decision in favor of Trinity Lutheran Church goes a long way toward restoring order to the Supreme Court’s religious liberty jurisprudence.

Decrypting Jefferson

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Understanding the author of America’s Declaration of Independence is easier said than done. He may have hated big government, but big government was born of the rationalism that he loved.

Why Conservatives Should Be Environmentalists

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Environmentalism makes us loyal to one another in a fundamental way, points us to values beyond mere utility, and directs us back to the natural order of which we are a part.

The Calvinist Roots of American Social Order: Calvin, Witherspoon, and Madison

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Witherspoon and Madison’s Calvinist theology and political philosophy imparted a firm belief that self-interest could be harnessed, ambition checked, and power balanced within government so that liberty and the common good were made secure.

Commander in Chief: War, Foreign Affairs, and the Constitutional Power to Impeach a President

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The framers deliberately designed a strong presidency with the power to wage war with energy, secrecy, and dispatch. Impeachment, in turn, was designed to be a formidable congressional check on the formidable powers of the president—power counteracting power, ambition checking ambition.

The Constitutional Position and Powers of the Presidency: Executing Laws and Interpreting the Constitution

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The framers deliberately gave the president independence, unity, and vast powers. This is only a problem if the office is badly filled.

Autonomy, Assisted Suicide, and Neil Gorsuch

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Neil Gorsuch’s book on assisted suicide highlights the danger of judges who rely on the legal and philosophical principle of radical autonomy to legislate from the bench.

Advice for Judge Gorsuch If Asked About Abortion

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The pro-choice worldview is a tangled mess of inconsistent ideas.

Legal Fictions Matter: A Reply to S. Adam Seagrave

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Capitalism enables equalities of participation that would not otherwise be possible, even as it facilitates inequalities of wealth.

Swastikas and Safety Pins: The Grim Heritage of Identity Politics

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A war of every group against every other is the sine qua non of identity politics. The peacefulness of classical liberalism is rejected root and branch, for war is the goal.

Patient Patriotism

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Patriotism isn’t merely something you show in a parade; it means having to deal with people with whom you disagree, but whose lives are bound to yours as yours is to theirs, in a long, difficult, patient, and sometimes painful search for the common good.

Checking the Court: What Can Be Done to Rein in the Supreme Court?

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Michael Stokes Paulsen has identified six courses of action that might effectively curb the Supreme Court’s abuse of judicial authority.

The Future of Pro-Life Legislation and Litigation

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In her landmark 1971 paper, Judith Jarvis Thomson tried to defend abortion by appeal to norms of justification consistently applicable in a range of other cases. By contrast, the courts in and after Roe and Casey have treated the right to abortion as an unquestionable legal principle. This inverted approach is doomed to fail as it continues to reveal the anomalous character of abortion rights.

Stump Speech for a New Candidate

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Who is willing—and able—to step up and be this candidate?

A Pledge Betrayed: The Obama Administration Nullifies Conscience Rights

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The Obama administration not only enforces but unilaterally expands some civil rights laws, such as when “sex” became “gender identity” in Title IX. Yet it promotes exceptions, loopholes, and countervailing arguments for other civil rights protections, such as conscience rights for those who oppose abortion.
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