Race and sex play qualitatively different roles in our interactions with each other, making sex rationally relevant to our social and political policies in a way that race is not.
Author: Matthew J. Franck (Matthew Franck)
Same-Sex Marriage and the Assault on Institutional Integrity
The King & Spalding skedaddle is a blow to the institutional integrity of our legal system. Intimidation is now the default tactic of same-sex marriage advocates.
Obama, DOMA, and Constitutional Responsibility
President Obama’s decision to refuse to defend DOMA is not an act of executive assertion so much as an expression of deep deference to the courts.
Incest and the Degradation of Our Vocabulary
What’s wrong with a prominent professor’s incestuous relationship with his daughter.
Is Originalism Dead?
In his latest book, law professor David A. Strauss attacks the idea of originalism and champions the “living Constitution.” Matt Franck explains why he’s wrong.
Same-Sex Marriage and Public Opinion: Spirals, Frames, and the Seinfeld Effect
Americans appear to accept same-sex marriage more than they really do, perhaps because they believe it to be more widely accepted than it really is.
Same-Sex Marriage and the Assault on Moral Reasoning
Even same-sex marriage advocates should recognize the bad logic in the ruling overturning Proposition 8.
Marriage and the Reign of Judges
The latest decision from our judicial overlords on same-sex marriage spells trouble for republican constitutionalism and the institution of marriage.
In Defense of the Filibuster
Why we shouldn't listen to calls to get rid of the filibuster.
Judge Sotomayor and Abortion on Demand: A Tutorial
Millions of Americans believe that states can prohibit abortion in the third trimester, yet current Supreme Court jurisprudence has manufactured a right to unfettered abortion right up to the time of the child’s birth. How did Americans become so confused on this issue and how did the Supreme Court end up where it has?
Constitutional Disorder in the Era of Judicial Supremacy: What Can be Done Now
If we want to lower the stakes of winner-take-all Supreme Court battles, we must search for justices who reject the notions of judicial activism and judicial supremacy. The second in a two-part series.
Constitutional Disorder in the Era of Judicial Supremacy: The Founders’ Understanding of the Court
Judicial supremacy is inimical to the separation of powers, to republicanism, and even to constitutionalism and the rule of law. The upcoming confirmation hearings for Sonia Sotomayor should force citizens to reconsider the place of the Court in our political life. The first in a two-part series.
Law, Feelings, and Religion at the Bar in Iowa
The Supreme Court of Iowa’s decision to redefine marriage abandons reason and replaces it with feelings as the standard of public consensus.