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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What’s Wrong with a Military Campaign Against the Drug Trade
Trump’s boat strikes against the cartels risk crossing the line between law enforcement and war.
The Long History of Presidential Discretion
The Framers did not expect Congress to preauthorize every use of force or to manage military campaigns.
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How Climate Litigation Imposes Back Door Carbon Taxes
Californians should object to climate taxes because they reflect the state’s most dysfunctional tendencies.
The Localist Roots of Climate Litigation
Throughout the history of environmental law, common law claims have been the first line of defense against pollution.
