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Chief Justice Roy Moore and the Inherent Problem with “Natural Law” [Updated]

One of Natural Law’s most famous apostles (and one who also happens to be the current Chief Justice of the Alabama Supreme Court) recently made the case that the rights granted by the US Constitution should apply only to Christians. Tod Kelly argues that is Natural Rights advocacy at its most extreme — and its most honest.

The Development of Sex, Marriage, and Nature in Christian Thought

“To have intercourse without intending children is to violate nature, which we must take as our teacher.”  – Clement of Alexandria Throughout many traditions of Christian thought, theologians have taken nature, by which they’ve generally meant human nature, as an instructor of moral norms.  It would be a mistake to read “nature” here as simply…

The judge as moral philosopher

Reviewing Supreme Court Justice Antonin Scalia and Bryan A. Garner’s Reading Law: The Interpretation of Legal Texts in the Claremont Review of Books, David Forte exposes Justice Scalia’s famous legal positivism as moral philosophy by another name.  “They call false,” Forte writes of Scalia and Garner, “the ‘notion that the quest in statutory interpretation is to do justice,’” and they, like Alexander Hamilton, prefer judges to be “‘bound down by strict rules and precedents.”  But judging, Forte pushes back, is […]

The Doomsday Provision

Note: This post is part of our League Symposium on Guns In America. You can read the introductory post for the Symposium here. To see a list of all posts in the Symposium so far, click here. Why do we have the Second Amendment?  Wait, let’s back up.  Why do we have the First Amendment? …

Presuppositional Constitutionalism

Does the Constitution assume certain presuppositions on the part of those it means to govern?  If so, what are those presuppositions? I submit the answer to the first question is yes, and explain the presuppositions that by necessity must be true for our Constitution to be intelligible. In light of the project begun here recently…