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SCOTUS and Abortion: Three Failures and Opportunities for the Pro-Life Movement

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There comes a time where gross disregard for human life and for our constitutional order should stir us from docile obedience and impel us to resistance.

Why Britons Should Vote to Leave the European Union

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Regardless of whether we are for or against current European Union (EU) policies, the EU fails even the most minimal test of what counts as a democracy. This discussion should be prior to whether we are in favor of or against migration, an EU army, or EU tax powers.

Dear Mr. Trump: If You Want to Make America Great Again, You’ve Got to Start with Marriage

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If you want to make America great again, you cannot afford to ignore the role stable marriage plays in motivating our labor force and in our nation’s economic growth as a whole.

Women and Abortion: Getting to the Heart of the Matter

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Pro-abortion groups promote stories that present abortion as an empowering experience, but those in post-abortion recovery ministries know a different reality. Many women and men are deeply wounded by their experience of abortion.

Unnecessary and Inappropriate Constitutional Conflict in North Carolina

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If the federal government, via the interpretive activity of one of its executive departments, can issue mandates to the states regarding bathrooms, it is hard to imagine an area of local governance shielded from federal scrutiny.

Can Trump Be the Man Eisenhower Was?

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It’s time for another Morningside Heights Declaration.

Who Represents “We the People?”

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Political institutions force individuals to cooperate, to listen to opposing points of view, and to think about the decisions they are about to make. They delay and complicate the way that consent is expressed, but this is precisely why they are necessary: they help ensure that the public will is reasonable.

Constitution 101: A Lesson for Donald Trump

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The American Founders understood that good government requires judicious “rigging.” Such rigging is only “crooked” if one wrongly assumes that consent alone is a sufficient condition for justice.

What’s Wrong With Rights?

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Rights in the modern world are meaningless, existing only at the will of a sovereign lawmaker. A return to “perfectionist jurisprudence,” in which rights are derived from plural authorities, at least some of which are higher that the human sovereign, and constructed on genuine human goods, would restore the structural integrity and normative currency of human rights.
Public Discourse

An Originalist Critique of the Court’s Free Speech Tradition

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Free-speech jurisprudence has reached a state where it is acceptable to abridge speech on matters of public concern, but not on vile or private speech. And the Supreme Court has usurped the authority of line-drawing from the people to empower itself.
Public Discourse

Supreme Court Nominations and the Virtues of a Resolute Senate

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Liberal activists claim that the Senate must consider an Obama nomination to the Court. In fact, it would be unprecedented for a Supreme Court justice to be confirmed under a divided government during a term-limited president’s final year in office.
Public Discourse

Presidential Elections, Party Establishments, and Demagogues

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The American Founders created a careful system to prevent the election of the power-hungry. Progressive-led changes to the electoral process in the twentieth century, however, make it all too easy for ambitious demagogues to seize control—as first Obama did, and now Trump is doing to far worse ends.
Public Discourse

Scalia at St. Thomas: Closing Arguments

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A man of deep faith and scintillating reason, Justice Scalia had an extraordinary ability to notice obvious, important truths that many overlooked. His informal remarks a few months before his death give insight into his intellect and character.
Public Discourse

Antonin Scalia: An American Originalist

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With the death of Antonin Gregory Scalia the nation has lost one of its greatest jurists and a man who embodied the principle of fidelity to the Constitution.
Public Discourse

Don’t Eliminate the Filibuster–Restore and Reform It

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With a simple change, the Senate can restore its republican bona fides, give minority points of view an audible voice, greatly reduce the number of filibusters, make incremental gains in the passage of bills important to the majority, and improve the quality of debate.
Public Discourse

The Living Constitution Revisited

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Justice William Brennan’s vision of a living constitution continues to dominate contemporary constitutional interpretation, in spite of its troubling inconsistencies.
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The Family and the Force

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The destruction of the Jedi order was due, in large part, to their persistent blindness to the deep, essential, and ineradicable power of familial love. The Skywalkers can bring balance to the Force because they unite it with love learned through family.
Public Discourse

Joyous Surrender: A Rhapsody in Red (and Green)

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Christmas isn’t tasteful, isn’t simple, isn’t clean, isn’t elegant. Give me the tacky and the exuberant and the wild, to represent the impossibly boisterous fact that God has intruded in this world.
Public Discourse

Christmas and Western Civilization

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Though Christmas is a religious holiday, secularists should appreciate its great contribution to Western Civilization: the lesson that all men are equal in their fundamental human dignity.
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Anti-Zionists Misread the Bible

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The authors of the New Testament never eliminated distinctions between Jews and Gentiles, but they did prophesy a world to come centered in Jerusalem.
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Recovering Lincoln’s Teaching on the Limits to the Courts–and Giving the News to David Blankenhorn

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History clearly demonstrates that the legislative branch can legitimately act to counter the rulings of the judicial branch. This is as true for marriage as it was for slavery.
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Jews, Marriage, and Religious Freedom

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The same traits and tendencies that make Orthodox Jews appear uninvolved in political battles have also helped them preserve the belief that marriage is the union of one man and one woman.
Public Discourse

A Contradictory Man: The Legacy of Daniel Patrick Moynihan

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By taking seriously the thinking of a scholar-politician who transcended the contours of our political divide, Greg Weiner illuminates possibilities for American politics that have been lost with Daniel Patrick Moynihan’s passing.
Public Discourse

The Supreme Court’s 2014-2015 Term: The Year the Administrative State Trembled

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The opinions of the Supreme Court’s most recent term indicate that the court’s conservative justices are rethinking the scope and power of the administrative state.
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