Mere Natural Law: Originalism and the Anchoring Truths of the Constitution

Originalism Is Not Enough

In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that “originalism” alone is an inadequate answer to judicial activism. Untethered from “mere Natural Law”—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence.

The framers of the Constitution regarded the “self-evident” truths of the Natural Law as foundational. And yet in our own time, both liber...