Show Notes
Mark welcomes back his friend and former colleague, Professor Marc DeGirolami of the Catholic University of America, for a conversation about Marc’s new book, The Constitution of Practice. Drawing on questions they have discussed and debated for years, Mark and Marc explore the case for constitutional traditionalism, how it differs from originalism, and what the Supreme Court’s turn to “history and tradition” means for the Establishment Clause. Mark presses Marc on some of the harder questions for a traditionalist approach: how to identify the relevant tradition, what to do about bad traditions, and whether in a country as diverse as the United States constitutional law should leave more room for regional and local variation. Listen in!
The post Legal Spirits 083: Tradition and the Constitution appeared first on LAW AND RELIGION FORUM.
More from Legal Spirits
The Tomb of Frederick II in Palermo Cathedral
Catholicos Karekin II (OC Media)
Photo: Becket
Poetica Coffee in Brooklyn
The Defense Department recently created a controversy by revising its list of religious affiliation codes for service members and failing to designate the LDS Church as Christian. After objections, DOD removed the Christian designation from the list altogether. In this Legal Spirits Short Take, Center Director Mark Movsesian explains how the episode reveals a deeper problem of liberalism in a religiously diverse society: government must frequently classify religion, but no classification can be completely neutral. Listen in!