Originalism Without Natural Law Is Running on Half an Engine

Updated: 2026.03.09 20H ago 1 sources
Originalist jurisprudence should not be limited to textual history alone but ought to incorporate the classical natural‑law tradition (as embodied by Catholic institutional practice) to ground legal interpretation about religious organizations and moral questions. Doing so, the author argues, would better protect the autonomy and distinctiveness of faith‑based institutions from secular regulatory or administrative encroachment. — If adopted by conservative jurists or institutions, this reframing could change constitutional arguments over religious liberty, campus governance, and the legal status of faith‑based organizations.

Sources

Originalists Need the Classical Legal Tradition
Ernie Walton 2026.03.09 100% relevant
The article's central claim — framed by the question 'How Catholic Should a Catholic Institution Be?' and directed at originalist thinkers — explicitly ties originalist method to the classical/Catholic legal tradition as a remedy for contemporary institutional disputes.
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