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Public Discourse has hosted arguments about the Court since the publication’s inception. Here, from our archives, are some essays which remain timely, and which might provide some needed perspective on the role of the Court, originalism, and the role of morality and natural law in the Court.
All this week Public Discourse will be republishing select essays from "Natural Law, Natural Rights, and American Constitutionalism," a project of the Witherspoon Institute that was made possible by a grant from the National Endowment for the Humanities as part of its "We the People" initiative. At a time when we have called our traditions and history into question, we provide a primer into the history of our people and our ways of properly understanding freedom and the liberal order.
“Constitutional law” is not the exclusive domain of the courts, or even of government officials. Faithful interpretation is the duty and responsibility of faithful citizens.
As Americans consider foreign policy and national security issues during a presidential campaign, a refresher on our nation’s first principles provides guidance for assessing current problems and contending views. The first of a two-part series.
If we are to feel at one with the structures in which we labor and dwell, if they are to endorse our existence here on earth, beauty must take precedence over all other factors. Without it, the battle for the soul of civilization cannot be won.   
For American families, housing has become too expensive. We can make it more affordable if we build enough housing. But in order to do that, we cannot stop at making it legal; we need to make it easy.
As Americans prepare to mark the 250th anniversary of the nation’s birth, in 2026, some argue there’s more to criticize than celebrate. Guelzo's latest book provides ample evidence of what Lincoln found worth celebrating about the American experiment, and what Guelzo finds worth celebrating about Lincoln.
I don’t underestimate the difficulties in trying to shape the culture in which our markets operate. They are indeed formidable. But undertaking that type of work helps define, I suggest, what it means to be a conservative in the modern world.
As we enter the third year of the war, Western nations—with the U.S. in the lead—seem unwilling to get to the heart of the matter. Yes, Ukraine has miraculously survived, but this cannot be for long. We have deluded ourselves into thinking that a compromise with Russia is possible, but it is not. Vladimir Putin will not rest until Ukraine is either subjugated or eliminated. 
Inviting people into joy, both then and now, means also inviting others into possible pain. We must embrace the joys with the sorrows to lead full, rich lives as human beings.
The plight of the Palestinians is indeed a tragic one. Peace with their stronger neighbor will not come easily to them. Only a cessation of terrorism, of attacks on civilians, and of demonization of the Jewish people will enable them to make any substantial progress. Sad to say, the first steps may have to be taken by the Western elites who have learned to make anti-Semitism fashionable again, and have a great deal of unlearning to do. 
Ultimately, the defeat of these terrorist groups is the primary ethical imperative. This will benefit not only Israel but also the Gazan civilians who suffer longer under their terrorist leaders and the continuous warfare that they breed. There is a moral cost to not acting decisively, and a strategic cost to forgetting the moral justification for killing in war.
Perhaps the time has finally come for anti-Marxist professors to concede that the liberal theory of the university as a “neutral” forum is too far removed from reality to be feasible. Instead, anti-Marxist liberals and conservatives should be defending a theory of the university as an educational institution that has no choice but to uphold at least minimal standards of substantive decency.
As this idea of self-creation, telling our own story, self-determination has become seen as the fundamental element of human life, that means those of us who participate more fully in self-creation are more human, and those of us who participate less fully are, in some sense, less human.
Approaching conversations about the mental load with gratitude rather than resentment is the first step toward a more joyful home. Even if we want our spouse to take more responsibility, we can begin by thanking him for the things we see him do. We can discuss what’s going on beneath the surface when something feels amiss. And we can apologize for, and seek to change, our own selfishness, no matter how it manifests. 
We stand at the dawn of a new era in an important realm of constitutional law. As we step into this new dispensation, Agreeing to Disagree will serve well as a road map and guidebook to what comes.
Our reading recommendations from a year of contemplation and enchantment. 
Whenever you redistribute income, you never actually redistribute income. You destroy total income completely. Every revolution on planet Earth has been fought in order to change the distribution of income. Not one of those revolutions has ever succeeded in redistributing income, but all of them have succeeded in destroying the entire quality and quantity of total income.
All hyperbole aside, the underlying ethic is clear: a leader of men, a representative of our ethical ideals, must dress according to the dignity of his office. Anyone—officeholder, leader, and layman alike—must dress with great dignity when executing actions of moral importance.
Government may be able to provide material assistance, but it has failed to address the deeper causes of poverty. Worse, it has discouraged the most important defenses against poverty in America—work and marriage.
The silent disappearance of the presidential bioethics council breaks fifty years of tradition. Sadly, this break came at a perilous time for bioethics.
Various trends in American religion and right-wing politics further indicate that as the political influence of Christian nationalism is waxing, that of religious conservatism is waning. This need not be a fixed situation, but it does mean religious conservatives will have ample need of God’s grace as they consider how to avoid moral and spiritual compromise while navigating a particularly treacherous political landscape.
These desires—freedom, virtue, and safety—were the underlying impulses of the libertarian, traditionalist, and national security elements of the “fusionist” conservative movement during the Cold War era. And, it seems to me that when you look at it this way, you will recognize that these yearnings persist on the Right to this day.
If our immediate surroundings and concrete responsibilities constitute the arena in which we are most uniquely competent, then reserving our attention for those objects is not quietism, but the pinnacle of activism.