In the medieval university, disputatio was the formal process of debate and discussion of arguments and ideas. It was the art of disputing, a kind of intellectual joust, and meant to discover the truth of the matter in question.
A follow-up Sub Deo podcast to our last concerning the Bruen case, in this episode Kevin and I reflect on the methodology of United Stated v. Rahimi and think about judicial prudence in light of a wonderful old classic of constitutional theory from the 1980s, The Rise of Modern Judicial Review, by Christopher Wolfe. Listen […]
In our newest episode, Kevin and I interview our friend and colleague, Joel Alicea, about his very fine new article, Bruen Was Right. Along the way we cover several broad and specific matters of constitutional interpretation. It was a pleasure to do this with two originalist friends of mine. Listen in!
“And first, it is manifest that law in general is not counsel, but command; nor a command of any man to any man, but only of him whose command us addressed to one formerly obliged to obey him. And as for civil law, it addeth only the name of the person commanding, which is persona […]
The Elections Clause of the Constitution states: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.” In this episode, Kevin […]
Our latest Sub Deo podcast, “In which we discuss prudence, precedents, principles, practices, purposes, and more,” this time reflecting on a wonderful conference we attended of the Florida state appellate judiciary. Kevin and I were very impressed with the thoughtfulness and diligence of the judges we met.
I have an essay up at Public Discourse, Saving Religion From Incoherence, on the Supreme Court’s new case, Catholic Charities Bureau, Inc. v. Wisconsin, concerning whether state violated the First Amendment when it held that Catholic Charities did not qualify for a tax exemption under the Wisconsin unemployment statute because it did not “operate primarily […]
From an interesting, unpublished, opinion of the U.S. Court of Appeals for the Third Circuit, McDowell v. Bayhealth Medical Center, Inc. The case itself was not that uncommon. It concerned a Title VII matter: the defendant required its employees to receive a COVID vaccine in order to work, with possible exemptions for religious or medical […]
A nice piece by Paul Seaton on the political thinker, Pierre Manent, published over at Public Discourse. Seaton summarizes some of Manent’s key themes over the years. Here are a few lines from one of my own favorite of Manent’s books, Metamorphoses of the City: On the Western Dynamic (2013, English edition), a highly Augustinian […]
I was delighted to offer some remarks on this occasion. Here is the video of the event:
We often hear, quite rightly, that the Church and her members should “go to the margins,” to “meet people where they are,” and to practice the art of human encounter, especially with the vulnerable, the poor, and the downtrodden. As Pope Francis exhorted in Evangelii Gaudium, “all of us are asked to obey his call […]
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