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The Impossibility of Absolute Academic Freedom: A Response to Robert T. Miller

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There will always be some limits on academic freedom, and it is better to be honest about what they are and who sets them than to try to wish them away. We need to formulate real-world standards, rather than retreating into the impossible fantasy of absolute academic freedom.
Young family

A Distinctly American Family Policy

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Borrowing a family policy prescription from Helsinki or Budapest is bound to disappoint. A distinctly American family policy platform must be seen as expanding choice, not constraining it, and working with our national character, not trying to reshape it, all while understanding family as the essential institution in society, one that stakes an unavoidable claim on our public resources.

The Natural Law Thirty Years Later: Clarence Thomas’s Constitutionalism

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A functioning constitutionalism that protects the people’s rights and fosters good governance requires a sound political theory behind it. Times have changed since the American Founding, but Thomas is right that the natural law teaching in the Founders’ political theory remains as sound and useful as ever.
UCLA campus

The Bookshelf: The Undiscipline of Political Science

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The ideas that the truth about the human condition is radically contingent on history (historicism) and that we can speak rationally only about facts and not at all about “values” or moral principles (positivism) lead inexorably to a failure of all conviction, and ultimately to nihilism. What results is fanaticism: the impulse to bend others to one’s will, despite—or precisely because of—the lack of any rational foundation for one’s preferences.
Graveyard

The Frightening America of Edgar Lee Masters Has Come to Life

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What Edgar Lee Masters intended as a clever and eerie indictment of American society has proven more prophetic than the Midwestern poet could have anticipated.
Vaccine protest sign

Can Catholics Object to COVID-19 Vaccines on Religious Freedom Grounds?

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There are likely vanishingly few individuals who apply the rigorous ethical criteria they use against the COVID-19 vaccine to the rest of their medical and personal decisions. Such inconsistent application of religious freedom principles in the COVID-19 vaccine debate threatens to significantly weaken desperately needed protections for Catholic medical practices.
Congress

Could Passage of an Extreme Abortion Bill Come Back to Haunt Democrats?

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As the Democratic Party at the national level moves further into abortion extremism and the exclusion of those who dissent, it is hard to imagine the party embracing a more moderate and inclusive stance. But electoral consequences in the 2022 midterms could prompt this awakening.
Pregnant woman

Solving the Supreme Court’s Abortion Dilemma in Dobbs

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Roe could be reversed in one of two strongly pro-life ways. The Court could declare that the child is a fellow human being and a person, and is thus constitutionally protected prior to birth. Or the Court could in effect encourage each state to recognize the child as one of us. The latter could well be politically preferable.
Supreme Court building

Reclaiming the Judging in Judgment: A Response to Christopher Wolfe

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To say that the Supreme Court exercises “mere judgment” belies the gravity of its power and the weight of its opinions. Judgment requires more than a mechanical application of the law. It requires, as Sherbert recognized but Smithignored, that judges determine whether a state’s particular interest is more or less compelling than an individual’s particular right.
Pregnant woman holding ultrasound photo

The Texas Heartbeat Law and the Pro-Life Movement after Roe

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Texas’s refusal to choose between the mother and her prenatal child, despite some important questions about the method used to achieve their goals, constitutes a blueprint for the pro-life movement. If Roe v. Wade is overturned, many more vulnerable women across the country will be without the access to abortion our throwaway culture has diabolically forced them to rely on. Pro-lifers must follow Texas’s lead and be at the ready to assist these women. We must make good on our claims that their legal and social equality does not require redistributing oppression to another vulnerable population.
Syringe and vaccine

Four Economic Lessons on Vaccine Development and Distribution: A Case Study of the U.S. and the European Union

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The COVID-19 pandemic provided us with many real-world examples of timeless economic principles.
Dome of United States Congress

Lockdowns, Mandates, and Conservatives: Remembering the Good of Government

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Given the overreach of government, and perhaps especially given the failure of so many elected officials to remember that they do not rule us, it’s all too easy to slip into libertarianism by default. But government is not alien or unnatural to our condition and needs. It emerges from the community’s associations, affections, bonds, and mutual sense of self-responsibility.
Teenage girl on bridge

Suicidal Sweet Sixteen: A Reflection on Trans Youth Medicine

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Today, white-coated professionals tell parents of children with gender dysphoria: affirm your child’s trans identity right away or prepare for suicide. Are those really the only two options? For a movement that decries the binary, its commitment to this false dichotomy is relentless.
Robert E. Lee statue

Public Monuments and Public Memory

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Monuments answer questions about which parts of our history we choose to make into a public heritage—which strands of the past we choose to bring into the present in order to shape and form the future. Taking down monuments is not a choice to forget the past. It is a choice not to honor certain elements of our past in public.
Supreme Court chambers

The Smith Case, Religious Freedom, and Originalism

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One might wish that the Free Exercise Clause, as originally understood, had provided a basis for more judicial protection of religious rights than it does. But wishing doesn’t make it so. Judges don’t have the authority to interpret the Constitution to get better policy results, even if those are really, really important results.
Protest sign saying "I am Pro-Truth"

The Danger of “Manifest Truth” Politics

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If we understand that truth is inherently tentative and provisional and acknowledge that we must cultivate intellectual humility, we could mitigate many of the worst repercussions of social media on politics.
Mother and child

In Defense of Motherhood: What’s Wrong with “Birthing People”

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That motherhood and childhood begin in pregnancy is highly embarrassing to liberal anthropology. The physical and genealogical dependence of children on their parents attacks the thesis that we are isolated individuals rather than members of families that precede and survive us.

Fighting for Free Speech on Campus: A Conversation with Lucas Morel

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Academia has to be a sanctuary for free speech and free thought. The Academic Freedom Alliance is calling universities back to their core mission: the pursuit of knowledge. That pursuit requires humility, openness, and the free expression of a diversity of opinions.

Natural Law and American Civil Rights Movements

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It was on the foundation of St. Augustine’s natural law theory, then, that Martin Luther King, Jr. discovered the grounds of civil disobedience: “A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of Harmony with the moral law.” Nor did he stop there. He invoked Aquinas, Martin Buber, Socrates, Tillich, and Niebuhr (among other authorities) to establish that the claim he defended was not a parochial claim merely derived from majority rule. To defend civil rights for black people meant to prove that “segregation is not only politically, economically and sociologically unsound, it is morally wrong and sinful.”

American Constitutions: Natural Law and Constitution-Making in the Founding Era

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In order to understand the role of natural law in the American founding, it is helpful to examine the early state constitutions that preceded the US Constitution. Not only did many of them explicitly recognize natural rights as pre-political rights to which all individuals are entitled, they also proclaimed all political power to be inherent in the people, governments to be legitimate only insofar as they secure these rights and are grounded in popular authority, and, therefore, that the people have an inalienable right to reform or abolish such governments that fail or cease to serve these ends.

Natural Law and the Colonial Roots of American Constitutionalism

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Natural law thinking profoundly shaped the way American and British leaders approached issues involving rights, sovereignty, and constitutional government. However, the imperial authorities and their colonial opponents often appealed to different, and even conflicting, strains of the natural law tradition.

Common Law and the Law of Reason

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Like cousins who resemble one another, common law and natural law are sometimes confused. There is in fact a deep affinity between common law and natural law, but it is better at the outset to describe their differences, and best to do this historically.

Not a National Family: Critical Race Theory, Civic Education, and the Ties That Bind

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If a shared identity is to emerge and persist, if citizen strangers are to have a shot at becoming civic friends who recognize a mutual obligation to create a just land, the foundational principles of our constitutional order must be consciously taught and reaffirmed. And, of course, teaching and affirming these principles does not itself entail a claim that America has historically lived up to them.

Why American Conservatives Should Be Wary of “One Nation Conservatism”

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One Nation Conservatism is itself a type of fusionism, a traditionalist-progressive mix rather than a traditionalist–classical liberal one. Traditionalists should not abandon a pragmatic alliance with the latter for intellectual commitment to the former.
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