The American Revolutions of 1776
America's founding was animated by both the spirit of liberty and the spirit of religion — a philosophical and practical achievement worth understanding and attempting to recover today.
As America's 250th anniversary approaches, not everyone is eager to celebrate the Declaration of Independence and the political revolution it sparked. The left has long been skeptical of 1776. Their critique is familiar: "[A]ll men are created equal" did not really mean all individuals because the Constitution did not include African Americans or women, and the founders' alleged commitment to the rights of man was really a cover to advance their own economic interests.
While most, if not all, of these arguments have been addressed, a different criticism has emerged in recent years from the "post-liberal" right. Liberalism has failed, political theorist Patrick Deneen alleges, because liberalism has succeeded. On natural rights, the late philosopher Alasdair MacIntyre wrote: "The truth is plain: there are no such rights, and belief in them is one with belief in witches and in unicorns." The political philosophy of the American founding, some on the right now claim, was untrue, and it has eroded traditional morality and undermined sound religious belief.
There is, however, an alternative interpretation of the Declaration — one that rejects the arguments of both the progressive left and the post-liberal right. The American founding was indeed animated by a revolution in political thinking, but it was hostile to neither human equality nor religion. Moreover, the American founding's political philosophy of natural rights placed limits on political authority in recognition of, and out of deference to, legitimate religious authority.
Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
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State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.
Supreme Court tariff ruling should end complaints that justices favor Trump
John Yoo writes on the Supreme Court’s decision on President Trump’s tariff case.
The Temptation of the Inferior “Imperial Judiciary”
This status quo is not sustainable. Either the President will retain his role as the chief of the executive branch, or he will not. Either the Supreme Court will retain its position as the Supreme Court, or it will not.
Major Questions Doctrine and Its Bipartisan History
Administrative law is important because it provides the framework for so many significant fights about policy. Unfortunately, it is also often misunderstood.
