The Limits of Liberty

By |2019-05-12T22:25:09-05:00May 12th, 2019|Categories: Bruce Frohnen, Civil Society, Freedom, Government, Liberty, Rule of Law, Senior Contributors, Social Order|

While the rule of law is an essential public good, the actual number and extent of laws also are important factors in determining whether there will be liberty—and, indeed, the rule of law itself. Moreover, as too much law undermines freedom and its own proper character, it also tears apart the very fabric of [...]

Asylum, the “Right” of Immigration, & the Rule of Law

By |2019-03-29T09:54:43-05:00March 28th, 2019|Categories: Immigration, Politics, Rule of Law, Senior Contributors, Thomas R. Ascik|

Presidents of both parties, and houses of Congress controlled by both parties, have for decades tolerated and thus implicitly encouraged and provided an incentive for illegal immigration. What has been sacrificed along the way is the rule of law. Will the federal judiciary not only change central provisions of American immigration statutory law pertaining [...]

Our Own American Genocide: “Gosnell,” the Movie

By |2018-10-22T21:33:49-05:00October 22nd, 2018|Categories: Abortion, Dwight Longenecker, Film, Rule of Law|

While Gosnell tells the true story of a squalid, back-street abortion mill, we are also reminded by the film that the majority of baby murders are committed legally by nice, middle-class people who are well-connected, well-off, well-educated, well-spoken, and well-funded... A friend once commented about Christian films, “For ‘Christian’ read ‘inferior’.” His critique was all [...]

Can an Alfie Evans Case Happen in the United States?

By |2018-05-17T00:29:18-05:00May 17th, 2018|Categories: Christianity, Culture, Death, Europe, Government, Politics, Pope Francis, Rights, Rule of Law|

In the case of the now-deceased toddler, Alfie Evans, the British government, through its Royal College of Pediatrics and its courts, had legal authority. Alfie had legal “interests,” which the government defined in his case, but he did not have any “rights.” Alfie’s parents only had a right to be heard; they had no substantive rights [...]

How Reform Laws Backfire

By |2019-03-11T14:25:38-05:00February 20th, 2018|Categories: Barack Obama, Economics, Education, Justice, Liberal Learning, Politics, Rule of Law|

If a reform produces unintended consequences of a troubling sort, succeeding generations of reformers will make use of those consequences not to undo the original reform, but rather to call for new action that requires an ever-larger federal government… All reforms are notorious for their unintended consequences; liberal reforms are noteworthy for something that [...]

Edmund Burke, Daniel O’Connell, & Catholic Emancipation in Ireland

By |2017-12-02T21:04:16-05:00December 2nd, 2017|Categories: Catholicism, Christianity, Edmund Burke, Europe, History, Ordered Liberty, Politics, Rule of Law|

Despite their differing political views, the conservative Edmund Burke and the radical Daniel O’Connell played major roles in combatting the suppression of Catholics in eighteenth-century Ireland… In the past couple of decades, the Catholic Church has fallen upon bad times in an Ireland whose overwhelmingly Catholic population had been among the most observant in [...]

The Abuse of the Fourteenth Amendment

By |2019-05-14T14:08:56-05:00July 30th, 2017|Categories: American Republic, Constitution, Equality, Featured, Rule of Law, Timeless Essays|

The federal judiciary is often the most dangerous branch precisely because it is considered to be the least dangerous one… Today’s offering in our Timeless Essay series affords readers the opportunity to join Allen Porter Mendenhall as he discusses the proper and actual extent of the federal judiciary as exemplified in the powers of [...]

Is the Rule of Law in Danger?

By |2017-05-29T09:55:03-05:00May 29th, 2017|Categories: American Republic, Donald Trump, Friedrich Hayek, History, Politics, Rule of Law|

Having flouted and subverted the rule of law for decades, the radical elements of the progressive left in the United States now face the inevitable consequence of their concerted activity… “Donald Trump Could Threaten U.S. Rule of Law, Scholars Say.” So declared an ominous headline in the New York Times during the Republican primary campaign [...]

The Natural Law Jurisprudence of Russell Hittinger

By |2019-02-19T16:49:54-05:00March 24th, 2017|Categories: Constitution, Featured, Justice, Rule of Law|

Natural law jurisprudence seems to be our only salvation—the only way to re-establish the proper hierarchy of laws, the only way to put the prudence back in American jurisprudence… The First Grace: Rediscovering the Natural Law in a Post-Christian World, by Russell Hittinger (ISI Books, 2002) As a professor of political science, I am [...]

Why Our Legal System is Failing Us

By |2017-05-17T21:22:10-05:00March 20th, 2017|Categories: Bruce Frohnen, Culture, Ethics, Featured, Justice, Politics, Rule of Law|

The slow disintegration of our legal system will continue apace until and unless judges, in particular, cease acting as if the legal system they serve either does not need or does not deserve their active support… Americans’ attitudes toward lawyers and the legal system are filled with ironies. We complain that lawyers are money-grubbing [...]

Judge Gorsuch and the Loss of Our Common Mind

By |2017-02-06T22:00:29-05:00February 6th, 2017|Categories: Bruce Frohnen, Constitution, Rule of Law, Supreme Court|

Textualism is a compromise, or rather a lowest common denominator, that can allow for a renewal of the rule of law. Still, it rests on a great loss—that of the common mind of our people… Neil Gorsuch, President Trump’s nominee to fill late Justice Antonin Scalia’s spot on the Supreme Court, might follow other [...]

The Violent Assault Upon Imagination

By |2016-08-22T22:08:38-05:00August 22nd, 2016|Categories: Flannery O'Connor, Imagination, Marion Montgomery, Rule of Law, Virtue|

How fallen we are, from Dante and Beatrice to John Hinckley and Jodie Foster. “We did the best job with what we had to work with,” the twenty-two-year-old jury foreman said after the unanimous decision that Hinckley was innocent by reason of insanity. And surely that is a conclusion we must come to, examining [...]