Tag: constitutionalism and politics

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The Problem with Natural Law Constitutionalism

Greg Weiner

Hadley Arkes has a characteristically compelling essay at the Wall Street Journal (paywall) arguing that judges should root their rulings in the enduring truths that precede and undergird the law. For example, he writes, an appeal to natural law can resolve the question of abortion on firmer ground than the traditional claim of conservative judges that the Constitution does not speak to the issue. It’s worth the read, as Arkes always is. But it is also problematic. I’ve argued against Arkes’ views more completely here. A couple of brief points are worth noting. One is the issue of authority, which is itself a moral issue … Continue reading The Problem with Natural Law Constitutionalism

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Jeffrey Isaac On Political Asymmetries (and Evaluative Standards in Journalism)

Laura Field

Earlier this month, Jeffrey Isaac, who is a professor at Indiana University and friendly contributor to The Constitutionalist, wrote a great short analysis for Common Dreams, about the problem of false equivalencies in American politics. Isaac’s article discusses the media’s treatment of Marjorie Taylor Greene, referring back to a profile by Jonathan Chait (“Marjorie Taylor Greene Blamed Wildfires on Secret Jewish Space Lazers”), as well as an odd Axios piece (“The Mischief Makers”) that tried to identify the most troublesome members of the two parties. Isaac’s piece is valuable because he pushes further than most on the problem of false … Continue reading Jeffrey Isaac On Political Asymmetries (and Evaluative Standards in Journalism)