Sunday, June 25, 2023

'A bracing constitutional'

Glenn Ellmers reviews Mere Natural Law: Originalism and the Anchoring Truths of the Constitution, by Hadley Arkes, at The New Criterion.

"All legitimate law, according to the founders' social-compact theory, is meant to reflect, not define, the principles of natural justice, which exist independently of human will. In other words, as Arkes pithily observes, there are 'truths that would be there even if there were no Constitution.'"

See the U.S. Constitution in American State Papers at Great Books of the Western World (first edition, 52 Vol., 1952) volume 43, (second edition, 60 Vol., 1990) volume 40.

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