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Pillar

Politics & Law

The third pillar of a decent society is a just system of politics and law. Such a government does not bind all persons, families, institutions of civil society, and actors in the marketplace to itself as subservient features of an all-pervading authority. Instead, it honors and protects the inherent equal dignity of all persons, safeguards the family as the primary school of virtue, and seeks justice through the rule of law.

The Tragedy of Christian Power Politics 

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Public Discourse

America’s Declining Commitment to Self-Government

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The president and Congressional supporters of attacking Syria suggest by their actions a strong disregard for public opinion and self-government.
Public Discourse

How to Avoid an Unconstitutional War: A Beginner’s Guide for Presidents and Congresses

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Without authorization from Congress, American presidents can only start unconstitutional wars, even if they are motivated by good intentions.
Public Discourse

Grounding Our Right to Religious Freedom

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Our right to religious freedom is best grounded in the universal duty to seek ultimate truth, and not in human autonomy.
Public Discourse

Lessons on Conscience Protection from the UK

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Unless Americans respond to the Supreme Court’s recent marriage decisions with greater protections for the rights of conscience, our first freedom is sure to lose force, just as it has in the UK.
Public Discourse

With Malice Toward Some

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Lincoln’s Order of Retaliation—a command to kill Confederate prisoners as punishment for the South’s massacre of black Union soldiers—can help frame our view of presidential military power today.
Public Discourse

The “Mystery of Life” Makes Law a Mystery

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Since our culture has embraced Justice Kennedy’s “mystery of life” philosophy, we lack a coherent framework for making laws that don’t just cater to personal preferences.
Public Discourse

Sexual Orientation, Gender Identity, and Employment Law

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The Employment Non-Discrimination Act would equate sexual orientation and gender identity, ambiguous and malleable concepts, with immutable features like race, color, and ethnicity as classes worthy of special legal protection.
Public Discourse

What Is Religious Freedom?

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In its fullest and most robust sense, religion is the human person’s being in right relation to the divine. All of us have a duty, in conscience, to seek the truth and to honor the freedom of all men and women everywhere to do the same.
Public Discourse

Mary Ann Glendon and the Structure of Religious Freedom

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For its protection and flourishing, religious freedom needs not only limited government but also a social order that gives plenty of room to civic institutions and associations.
Public Discourse

The Legal Circus That Killed Proposition 8

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The process that killed Prop 8 in California should concern anyone who cares about democracy and the rule of law. The cheaters won.
Public Discourse

The DOMA Decision and the Inscrutable Anthony Kennedy

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When Justice Anthony Kennedy writes a majority opinion for the Supreme Court, he is famous for baffling his fellow justices (particularly Justice Antonin Scalia) as well as lower court judges.
Public Discourse

The New York Times, Church-State Law, and Equality

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Prohibiting religious schools from using public facilities would not protect religious freedom; it would encourage further discrimination against religion and religious people.
Public Discourse

Without Words to Describe

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Those of us who value life over death, vibrant religious exercise, and the good of natural marriage need to find our voice again even though the powers-that-be are redefining words arbitrarily and avoiding reason.
Public Discourse

The Constitutionality of Protecting Unborn Babies at 20 Weeks

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There is nothing in the text, history, or tradition of the U.S. Constitution that precludes extending the most basic protections of the law to twenty week-old (or older) unborn children who are capable of experiencing pain. Adapted from testimony delivered on July 8th before the Texas State Senate Committee on Health and Human Services.
Public Discourse

Marriage, the Court, and the Erosion of Constitutional Democracy

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What future does democratic self-government have in our country if same-sex marriage supporters are willing to undermine it through the courts?
Public Discourse

The Declaration of Independence and the American Creed

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The Declaration of Independence contains the clearest, most concise, and most eloquent articulation of the American creed: a political definition of man in two axioms, and three corollary propositions on government.
Public Discourse

Abraham Lincoln, the Supreme Court, and the Defense of Marriage Act

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Just as Lincoln rejected the Supreme Court’s reasoning in the Dred Scott decision, so too conservative leaders need to reject the Court’s faulty reasoning about DOMA. Anti-democratic judicial activism has become habitual only because our elected leaders have declined to respond to it with Lincoln’s clarity and firmness.
Public Discourse

Threats to Religious Freedom in Europe

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By failing to recognize the importance of religion and its relationship to human rights, European courts are progressively eroding religious liberty.
Public Discourse

Mitt Romney’s Bad Day

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Gabriel Schoenfeld’s new book, A Bad Day on the Romney Campaign, offers an insider’s account of how misguided campaign tactics led to Mitt Romney’s defeat in the 2012 presidential election.
Public Discourse

On Winning the Marriage Debate

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Conservatives need to argue as lovers: As we woo the person across from us, we are funny, self-effacing, merciful, and confident.
Public Discourse

Why Religious Liberty Became Controversial: The Left and Jean-Jacques Rousseau

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The Left is adopting a Rousseauian view of religion’s role in public life: the state is to determine where, when, and how religious instruction should be permissible for citizens.
Public Discourse

Same-Sex Marriage and Religious Freedom, Fundamentally At Odds

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Marriage and religious freedom will stand or fall together.
Public Discourse

Election 2012: Render Unto Ceaser

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Obama’s re-election was not inevitable. He won because he secured the votes he absolutely needed and convinced many others simply not to vote.
Public Discourse

Did Senator Lee Forget the Born-Alive Infants Protection Act?

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We don’t need a new resolution from Congress to address the wrongs of clinics like Kermit Gosnell’s—the Born-Alive Infants Protection Act already serves that purpose, and we should restore the civil penalties originally attached to it.

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