Hadley Arkes on Natural Law, Originalism, and the U.S. Constitution

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In Mere Natural Law: Originalism and the Anchoring Truths of the Constitution, legal philosopher Hadley Arkes argues that originalism alone is insufficient to counter judicial activism. He contends that the framers of the Constitution viewed “self-evident” truths of Natural Law as foundational, and that interpreting the Constitution without acknowledging these principles leads to incoherence in the legal system. Arkes emphasizes the importance of grounding constitutional interpretation in moral principles known to all, rather than relying solely on textual analysis or theoretical constructs. He critiques both liberal and conservative approaches that neglect the moral underpinnings of the Constitution, advocating for a return to the moral reasoning that guided the Founders. This work is a call to rediscover the Natural Law as essential to understanding and preserving the Constitution’s integrity.

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