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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.

Sociology in the Age of Trump: The Clash of Deep Stories on the Left and Right

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Colorado’s Anti-Discrimination Law: Justifying Harms to Religious Minorities with Ideological Science

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While the minority stress theory has been effective in helping advance an “ideological agenda” for “social change,” it has been much less effective in explaining the negative health disparities found among sexual minorities, disparities which remain despite ever-broadening social acceptance. Invoking minority stress theory is not about protecting LGBT-identified people from harm. It’s about stamping out dissent and vilifying those who disagree.
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Hannah Arendt’s Vision of Freedom

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In the face of totalitarianism, Hannah Arendt’s independence of spirit—her reluctance to attach herself to a partisan or intellectual movement—exemplified precisely the sort of political action that she believed to be the foundation of freedom. In our own age of polarization, she stands as a powerful reminder of the necessity—and even the nobility—of political engagement.
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Liberal Individualism Is Undermining Itself

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By making the false ideal of independence the basis of our political and social order, we end up denigrating actual, dependent human lives. But life begins in dependence and remains inseparable from unchosen obligations. We have responsibilities to others, for which we have not signed a contract.
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The Piety of Patriotism: A Reply to Susan Hanssen

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As the American story enters its fifth century, the list of those who have earned the right to be called fathers and mothers of our country grows ever longer. As we retell our national story to each generation, we will of course continue to argue about whether some of the characters were really heroes or villains—a debate that is part of every nation’s storytelling. But unless we can recover a certain generosity towards those who came before us, we will find ourselves with nothing to pass on to those who come after.
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Discovering America

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Conservatives must be patriots—it is not possible to be a conservative and say that there is nothing valuable or worth preserving from your own nation’s cultural tradition. The desire to fight for the integrity of your own country has got to come from a visceral love for your country or else it will not seem worth any struggle against its corruption.
LGBT protest

What Happened to “Live and Let Live”?

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Liberalism cannot survive as a political philosophy capable of fostering human flourishing if it abandons its supposed virtues of protecting freedoms of religion, speech, and commerce. Yet, as we observe the march of the left on human sexuality, we see an incredible Javert-like intensity in hounding those who offend its sensibilities. We’ve forgotten that liberalism means winning incomplete victories and living with disagreement.
Church building in the fall

Minimalist Religious Freedom as a Self-Inflicted Wound

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Philip Muñoz’s new book helps illuminate the “social contract–natural rights” style of reasoning that was undoubtedly influential at the Founding. But I find it hard to follow—or, for that matter, to fathom—when this sort of reasoning from fictions is deployed normatively to justify contemporary prescriptions that would otherwise seem unjust or undesirable.
Painting of James Madison

Before Critiquing the American Founding, We Should First Understand It

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According to Steven Smith, it’s meaningless to speak of our inherent natural rights. He dismisses the Founders without properly understanding them. A return to the Founders’ natural rights constitutionalism may not offer the best alternative to protect religious liberty today. But we cannot even entertain the possibility that it might if we do not understand the principles of justice or the practical meaning of the philosophy that originally animated the Constitution.
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Bare-Bones Religious Freedom

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In Religious Liberty and the American Founding, Phillip Muñoz believes that there is a kind of natural rights logic that leads to his minimalist version of religious freedom. His central premise is that the Constitution should be interpreted according to the “natural rights” logic that was prevalent in the Founding period; and he tries to follow this logic to its conclusions, come hell or high water.
Baptism of Constantine by Raphael

Antiseparationism: A Response to Scott Roniger

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If Hittinger does not think that the Church is meant to keep herself uninvolved with temporal politics, or that the temporal polis is meant to keep itself uninvolved with the Church, then his separationism does not conflict with integralism at all. This would be welcome news for Hittinger’s many integralist admirers. But it would also mean that Hittinger’s lectures, although rhetorically situated—and marketed—as a corrective to integralism, offer no such thing.
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America Needs Pro-Family Politics: Announcing Patrick T. Brown as Contributing Editor

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A healthy culture, nearly every Public Discourse reader would agree, needs strong families. There is a growing number on the right—and I count myself among them—who recognize the family as possessing an inherent economic logic, in addition to its essential culture-shaping role. Families are influenced by market forces, starting from the very fundamental decision of whether to form a household or not. This requires some amount of getting our hands dirty in the nitty-gritty of politics and policy design.
Christ enthroned from Van Eyck's Ghent altarpiece

The Sign of Contradiction: A Response to Mr. Urban Hannon

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The source of disagreement between the integralists, as represented by Mr. Urban Hannon, and Dr. Russell Hittinger is at root Christological. If God in fact achieved the separation of his Kingdom from temporal politics in the person of Jesus—as St. Augustine, Pope St. John Paul II, and Ratzinger claim—then Hittinger’s lecture is not only correct, but also profound. Recognizing such separation really would be the beginning of wisdom.
Painting of the signing of the Constitution in Independence Hall

What’s Wrong with Social Contract Theory

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Although social contract theory is a prominent feature of the American founding, it is both unsound and harmful to a proper understanding of politics. This fact presents a challenge to any form of conservatism that is based on protecting and promoting the principles of the American founding.
Perugino painting: Christ Giving the Keys to St. Peter i

Aquinas’s Theology of Politics

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William McCormick, SJ, has written a new and welcome interpretation of Thomas Aquinas as a political thinker. His reading of Aquinas suggests that the political common good, as an intermediary between human and divine things, is a subject for ongoing inquiry, sensitive to the exigencies of a fallen world. McCormick holds that the “pedagogy of politics” unfolds teleologically as a community—in and through common deliberation and action—comes to greater knowledge of itself and its own ends.
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Confessions of a Comatose Son of Liberalism

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Even the healthiest patriotism does not address whether America’s political regime ought to re-main basically neutral about whether its citizens flourish. If what our politics can give us is fair procedures for resolving disputes, and protections for speech and property, and a broad enough distribution of power that tyranny has difficulty taking hold, that is remarkable and we should be grateful. That still isn’t living well.
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Where Does National Review Stand Today? A Conversation with Ramesh Ponnuru and Matt Franck

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National Review midwifed and nurtured the modern conservative movement into being. Conservatism today is in a very different situation from the one that Bill Buckley confronted in 1955. There is this vast conservative enterprise now; it’s kind of hydra-headed. But the basic need is, first, to think about the circumstances in which we find ourselves and how to apply conservative principles to them—or a conservative disposition, if one prefers—and second, how to build a coalition that is large enough to take these ideas off of the shelf.
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What Conservatives Have Forgotten about Subsidiarity and the Common Good

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In the last decade or so, various strands of the “new right” have fallen prey to the lures of governmental consolidation. But despite these conservatives’ attempts to justify bold state action in the name of the common good, subsidiarity remains an indispensable guide. Subsidiarity is perhaps the greatest expression of a polycentric approach to the common good.
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A Novelist on the Progressive Left Everyone Should Read

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Although a committed progressive, through his novels, Todd Gitlin hedges his commitments by both recognizing the limitations of his worldview and portraying the merits of his political adversaries. No matter one’s own views, Gitlin’s intellectual virtues and fairmindedness displayed in his work are deeply instructive.
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Rights and Liberty in the Western Legal Tradition

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John Witte, Jr.’s The Blessings of Liberty offers a wonderful overview of the development of human rights in the West. He contends that natural rights are found in the Bible, were developed by Christian thinkers, and played an important role in the West long before Enlightenment thinkers wrote about them. Witte also focuses on religious freedom more narrowly as the preeminent right.
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Protecting the Unborn: A Scholars’ Statement of Pro-Life Principle and Political Prudence

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Just as justice requires us to protect all unborn children, so too does it require us to protect access to life-affirming medical treatment for pregnant women facing grave medical complications. This is part of the pro-life ideal, not an exception to it. While children at all stages of development ought to enjoy the law’s protections, political realities may make it impossible to achieve this fully and immediately in many jurisdictions. When that is so, enacting the most pro-life law realistically possible is justified.
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California “Transgender Refuge” Bill Usurps Parental Rights and Endangers Children

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If Governor Newsom signs California’s transgender youth “refuge” bill into law, it will be one of the most explicit and radical assaults on parental rights that our nation has ever seen. While debates about how best to care for children with gender dysphoria are ongoing, one thing is clear: encouraging troubled children to run away from home and dividing them from their parents is certain to inflict great harm.

In Defense of Liberalism

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Francis Fukuyama offers a useful account of the pathologies of liberalism and argues that it still has the internal resources necessary to resist its critics. But his defense of liberalism seems designed only to appeal to likeminded centrists. Liberalism today should not be about splitting differences and seeking moderation, but staking out its ground and affirming its beliefs.
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Why Religious Freedom Can’t Protect Abortion

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According to a recent complaint filed by the Jewish congregation L’Dor Va-Dor, Florida’s new law restricting abortion limits the free exercise of religion for Jewish women in Florida who wish to have an abortion after fifteen weeks. But this complaint misunderstands the nature of religious liberty: no religion, or any adherent thereof, has the lawful or moral claim to kill an innocent person in the name of that faith.
Painting of Thomas Jefferson

Thomas Jefferson’s Religion of Reason

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Readers of Thomas Kidd’s book, Thomas Jefferson: A Biography of Spirit and Flesh, are left with a portrait of a brilliant, morally flawed, and often contradictory, overindulgent, and undisciplined man—a combination not uncommon in great men. The biography is careful and balanced in its presentation of the evidence, revealing a man of monumental achievements and profound failings.
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