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Mere Natural Law: Originalism and the Anchoring Truths of the Constitution
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Originalism Is Not Enough
The Founding Fathers held certain truths to be "self-evident." Do we?
In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that "originalism" alone is an inadequate answer to the judicial activism of the left. Without recourse to "mere Natural Law"-the moral principles knowable by all-our legal and constitutional system is doomed to incoherence.
With the demise of Roe v. Wade, conservatives sa...
The Founding Fathers held certain truths to be "self-evident." Do we?
In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that "originalism" alone is an inadequate answer to the judicial activism of the left. Without recourse to "mere Natural Law"-the moral principles knowable by all-our legal and constitutional system is doomed to incoherence.
With the demise of Roe v. Wade, conservatives sa...