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While not explicitly denying the principle of proportionality, Tollefsen implicitly rejects it, leaving his argument not only counterintuitive but incoherent.
The Judiciary doesn’t have the final word on the meaning of the Constitution, and Congress could step in to protect the 14th Amendment rights of the unborn.
A recent rule issued by the Obama administration threatens our nation’s healthcare by attacking the consciences of our nation’s healthcare providers.
A new book argues that flogging may be a more humane, efficient, and just punishment than incarceration.
Ending child pornography is as much a matter of vigorously prosecuting those who distribute adult pornography as it is a matter of prosecuting child pornographers. Presidential candidates should pledge to initiate adult pornography criminal cases and fund research into the adult-child pornography link.
Presidential candidates in the 2012 election must be prepared to protect the interests of parents and children nationwide by rolling back the progressive education agenda and returning to the states their constitutional power to make decisions about education.
The health-care debate presents us with a moral imperative to solve an economic problem, but how we solve this economic problem has moral implications: allowing individuals and families greater freedom to choose among treatment options in a market that drives down costs, or establishing centralized control that makes utilitarian calculations of the worth of different people’s lives.
At a time when the Arab world is ripe for change, our next president must understand the strategic potential of American credibility, constitutionalism, and communication in the promotion of democracy abroad.
Religious communities are an essential part of the fabric of America, even over and above the vital services they provide to weak and vulnerable members of our communities; we must protect their conscience rights against legal coercion.
In developing their positions on Supreme Court appointments and the Department of Justice, presidential candidates should 1) welcome the battle over the Supreme Court, 2) determine to fight hard for high-quality justices, 3) frame the argument for why abortion policy should be restored to the democratic processes, 4) support the Defense of Marriage Act, and 5) commit to select senior legal leaders who fully embrace their goals and priorities.
Candidates in the 2012 presidential race should champion two principles for reviving America’s economy: the Adam Smith principle for limiting government and the subsidiarity principle for regulating government intervention.
Presidential candidates in the next election should uphold marriage as the union of one man and one woman.
Public officials—especially the President—are obligated to protect the intrinsic equal dignity of all human beings, regardless not only of sex and race, but also without regard to age, size, condition of dependency, vulnerability, or the esteem of others. Abortion and embryo-destructive research are profound and lethal violations of this principle of equality to which the law (and the President) must respond.
Introducing a Public Discourse symposium on the 2012 election.
The logic of contract and the movement to conquer nature have resulted in the triumph of autonomy and demise of the family. The first of a two-part series.
Learning from a religious skeptic’s rejection of polygamy and easy divorce.
Prominent bioethicists Arthur Caplan and Robert P. George on the role of bioethics in a democracy and the dangers of eugenics.
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.
The American sex trade—strip clubs, prostitution, and the booming pornography business—feeds on and fuels modern-day slavery.
Though Christmas is a religious holiday, secularists should appreciate its great contribution to Western Civilization: the lesson that all men are equal in their fundamental human dignity.
Moral principles should be derived from experience about what makes people happy, not from logic.
Kant was right: we need principles to guide our judgments.
Responding to a review of his most recent book, Hadley Arkes asks some questions about the nature of natural law.
A new book by Hadley Arkes draws attention to the contradictions and ambiguities of the republic’s jurisprudence.