Law & Liberty

Law & Liberty focuses on the content, status, and development of law in the context of republican and limited government and the ways in which liberty and law mutually reinforce each other.

Law & Liberty brings together serious debate, commentary, essays, blog posts, podcast episodes, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. The site considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

Blog

The blog features timely commentary by John McGinnis, Mike Rappaport, and James Rogers and a host of other contributors on constitutional, legal, and policy issues.

Forum

The forum is a platform for the discussion of the legal and philosophical principles that inform and govern a free government and a free people. Recognizing that there is no shortage of online venues for evaluating legal questions, the forum's distinction rests in its examination of the basic principles of a constitutional republican order and its focus on the elements of freedom that must exist in a society dedicated to liberty and responsibility. The forum aims to uncover the genesis of central legal ideas that produced our unique heritage of Western liberty but are now misunderstood due to ideological confusion.

Every month, the forum presents an essay on a major topic by a leading thinker. This first essay’s ideas will then be considered and tested by two other participants in each exchange. The ideas discussed and debated in this space are not the sole preserve of experts, however. The hope is that each topic, and the ideas animating and surrounding it, will emerge into full view for the reader, permitting a new and refined understanding of the ideas discussed. These ideas are open to all: They are the personal and collective wisdom of any society devoted to the noblest ideas of the Western legal and political philosophical tradition.

Podcast

The podcast features interviews with leading academics and writers on new books, articles, and contemporary subjects.

Book Reviews

This section contains reviews of significant new books in law, history, policy, and politics.

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Recent Posts

Here are the 10 latest posts from Law & Liberty.

Law & Liberty April 24, 2018

Constitutional Amendment as a Path to Avoiding Robed Masters

Tocqueville gives us good reasons to think that constitutional amendment is the best path to avoiding judicial supremacy.

Law & Liberty April 24, 2018

Rethinking U.S. Nuclear Strategy

Defending the entire free world requires a robust nuclear posture.

Law & Liberty April 24, 2018

Pope Francis’s Mess

Pope Francis has succeeded in making a mess for his Church.

Law & Liberty April 24, 2018

Trump’s Travel Ban and the Constitution

If the Supreme Court were to accept the plaintiffs' logic in Trump v. Hawaii, it is hard to imagine how anyone could be denied standing, ever again.

Law & Liberty April 23, 2018

Gorsuch’s Originalist Exploration of the Legal Meaning of Due Process

An originalist approach to due process can take several forms, and Justice Gorsuch's "surprise" decision in Dimaya v. Sessions reinforces this.

Law & Liberty April 23, 2018

The Vices of A Higher Loyalty

James Comey's memoir A Higher Loyalty signals virtue better than most high-profile memoirs, but gives us greater insight into his vices.

Law & Liberty April 23, 2018

The Compactness Solution to Gerrymandering

A constitutional amendment is the best path to overcoming the current gerrymandering stalemate, but Congress needs to want to change.

Law & Liberty April 23, 2018

The Ford Restoration

Occupying the White House in unfavorable circumstances can make a President fall back on his best friend: the U.S. Constitution.

Law & Liberty April 23, 2018

Founding Financial Father

These are the Hamilton texts to read to master the foundations of America’s economic success story.

Law & Liberty April 20, 2018

Chappaquiddick Rescues the Truth: Kopechne Needn’t Have Died

Mary Jo Kopechne perished not because Ted Kennedy crashed his car, but because the legacy was more important than telling the authorities she was in it.