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5/23/2022

At RealClear’s American Civics portal last week, Judge Michael Warren argues that the leak of the draft majority opinion in the pending Supreme Court case of Dobbs v. Jackson’s Women’s Health Organization is a threat to American self-government. The leak violates the principle of the separation of powers, opening the Supreme Court up to the possibility of using powers the Constitution reserves for other branches of government due to political pressure. Warren contends that decisions of the court “must not be influenced by facts not in the record, arguments never made, or a desire to change or ignore the law.” Through the “decision-making process,” judges “must be shielded from public exposure until the final opinion is published.” He concludes that the rule of law must triumph over the rule of passion and sentiment: “If law is determined by mob, it is no law at all.”

Daniel J. Mahoney remembers the work of the Catholic political philosopher Peter Lawler, who exhibited “a high-minded prudence and moderation that navigated humanely (and successfully) between many hostile extremes: scientism and fundamentalism, tribalism and cosmopolitanism, nostalgia for the ‘good old days’ and an unmanly deference to the Zeitgeist, Lockean individualism and the false zeal for civil theology.” Mahoney writes that for Lawler, the American Founders “affirmed what Tocqueville called ‘liberty under God and the law,” a project Lawler contributed to preserving and strengthening through his “dialectical defense and articulation of the American proposition.”

At Heterodox Academy, law professors Andrew Koppelman and Ilya Shapiro write how, though they disagree quite strenuously with each other’s views of the Constitution – they both write that the other is “horribly wrong” – they nevertheless agree on the foundational concepts of debate and civility. Cancel culture needs to be set aside, they argue, in favor of engaging with opposing views in a respectful yet rigorous way: “There’s no substitute for having your enemies right there in front of you, making their arguments. Explaining why they’re wrong about so much isn’t light work, nor is letting them point out flaws in your own positions. It’s a skill, and like any other skill, you get better at it by practicing.”

Original Posts

Dobbs Draft Leak Is a Threat to Our Republic

Michael Warren, RealClearAmericanCivics

In the News

Politics Should Be Contentious

Glenn Ellmers, RealClearBooks

Could Overturning Roe End the Abortion Wars?

Howard Husock, Washington Examiner

American Citizens Have a Duty to Participate

Deb Fauver, New Hampshire Bulletin

Five Facts on Presidential Executive Orders

No Labels, RealClearPolicy

Founding Fathers Designed Constitution to Serve the People

Ron Meier, Constituting America

Get to Know Thy Neighbor

Ryan Streeter, City Journal

Recovering the American Proposition with Peter Augustine Lawler

Richard Reinsch, Public Discourse

Federalists and Anti-Federalists on a Well-Constructed Government

Ron Meier, Constituting America

Getting Closer to the Constitution

Angus McCllelan, Law & Liberty

Learning by Legislating at the Kennedy Institute

Business Wire

Benjamin Franklin's Other Job: Psychologist

John Rooney, RealClearHistory

How We Fought Each Other at Michigan Law

Andrew Koppelman & Ilya Shapiro, Heterodox Academy

Does Religious Freedom Include the Right to Abortion?

Kelsey Dallas, Deseret News

Can Civics Solve the Polarization Problem?

Kathryn Turner, Bill of Rights Institute

We Tend to See Our Political Opponents As Stupid, Not Evil

Emily Reynolds, Research Digest

Multimedia

Recovering Statesmanship

Daniel J. Mahoney & Brian Anderson, 10 Blocks

Professor Daniel J. Mahoney joins Brian Anderson to discuss history’s great statesmen, the classical and Christian underpinnings...

The Second Amendment

Clark Neily, National Constitution Center

In this Friday session, Clark Neily, senior vice president for criminal justice at the Cato Institute, joins National Constitution Center President and CEO Jeffrey Rosen for a discussion about the #SecondAmendment...

West Virginia State Board of Education v. Barnette

Bill of Rights Institute

Should students be required to salute the flag? In 1943, the Supreme Court heard a case after Jehovah's Witnesses in West Virginia...

Facts of the Case: Roe v. Wade

Hannah McCarthy & Nick Capodice, Civics 101

On May 2nd, 2022, Politico published a leaked Supreme Court draft opinion. A leak of this kind is unprecedented, but it is...

Carl Cannon's Great American Stories

Great American Stories: Dolley Madison

It's Friday, May 20, 2022, the day of the week when I pass along a quotation intended to be uplifting ...

Great American Stories: Willie Mays's Gift

Good morning, it's Friday, May 6, 2022, the day of the week when I pass along a quotation intended to ...

Great American Stories: The End of Roe?

In case you slept late the big story of the day was a scoop by Politico that the Supreme Court is ...

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