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19 Jul, 4 tweets, 2 min read
Thanks so much to my friend @JennaEllisEsq for having me on @RealAmVoice tonight to discuss conservatism versus libertarianism and what I mean when I propose a jurisprudence of "common good originalism."

Part 1. americasvoice.news/video/zRtbyndQ…
Part 2. americasvoice.news/video/LbDvyBzA…
Part 3. americasvoice.news/video/wNTdlvdo…
Part 4. americasvoice.news/video/pI3JPTaN…

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More from @josh_hammer

Josh Hammer Profile picture
11 Jun
A brief thread.

I've been baffled by a lot of @DavidAFrench's writings on efforts to combat critical race theory, but perhaps never more so than here. frenchpress.thedispatch.com/p/the-conserva…
It has *long* been conservative orthodoxy that states possess near-plenary power over their curricula. Many on the Right have supported abolishing the Department of Education for decades on precisely these grounds. It's a federalism argument right out of Madison in Federalist 45.
What is the issue here? If blue states like California can mandate ethnic studies in their curricula (aside: have "principled" right-liberals objected to that on proceduralist grounds?), then how can red states not ban racially discriminatory pedagogy that's anathema to Title VI?
Read 8 tweets
Josh Hammer Profile picture
23 Mar
"The Peace Process That Never Was.”

My latest long-form essay and @tabletmag debut is a look back at the history of the Israeli-Palestinian “peace process”—and how the Trump and Biden administrations fit into it. tabletmag.com/sections/israe…
@tabletmag For decades, Washington’s bipartisan "peace process" professional class pushed the same tired tactics to achieve Middle East peace. They failed. Trump changed the game. Biden’s legacy will partially depend on not messing it up.

My @tabletmag debut. tabletmag.com/sections/israe…
@tabletmag Decades-long Palestinian intransigence makes a lot more sense when you consider what Arafat said in 1974: “We shall never stop until we can go back home and Israel is destroyed. The goal of our struggle is the end of Israel.”

My @tabletmag debut essay. tabletmag.com/sections/israe…
Read 4 tweets
Josh Hammer Profile picture
19 Feb
“Toward a New Jurisprudential Consensus: Common Good Originalism.”

Very happy to debut at @PublicDiscourse! thepublicdiscourse.com/2021/02/74146/
At @theammind last year, I outlined a jurisprudence I call “common good originalism”: Hamiltonian, prudential, Preamble-inspired, and inherently oriented to the common good.

At @PublicDiscourse today, I argue this should be the New Right’s jurisprudence. thepublicdiscourse.com/2021/02/74146/
Common good originalism recognizes that no extant strand of originalism is substantively, earnestly, and truly conservative. Common good originalism, unlike positivism, fills the void and should be our conservative jurisprudential standard-bearer. thepublicdiscourse.com/2021/02/74146/
Read 4 tweets
Josh Hammer Profile picture
4 Jan
My friend @JRozansky has a spectacular essay in the new @NationalAffairs on intra-conservative debates over precedent and stare decisis, and what we can learn on the subject from Edmund Burke himself. nationalaffairs.com/publications/d…
@JRozansky @NationalAffairs "The mistake made by Chief Justice Roberts, and echoed throughout the legal academy, is to see Burkean jurisprudence as a kind of humble and dutiful application of a strict...stare decisis. Yet Burke understood judicial precedents not as lawmaking...but as evidence of the law."
"In contrast to the modern approach...Burke believed a precedent should be followed only if it can prove itself to be good evidence of the law. Burke is therefore even less friendly to precedent as such than is Justice Thomas."
Read 4 tweets
Josh Hammer Profile picture
28 Oct 20
Apropos of today's Senate hearing, a quick thread on Big Tech, conservatism, and the GOP, with links to some of my recent writings on the intersection thereof.
Conservatism, properly understood, values *prudence*. "Humility comes...from a willingness to reassess a moment in history and rethink the proper means to meet the timeless ends of politics—justice, human flourishing, individual liberty and the good life." amgreatness.com/2020/08/27/how…
In the Anglo-American conservative tradition, then, "legal and economic norms must be construed as instrumentalities serving the superlative substantive goals of politics qua politics: justice, human flourishing, and the common good." americancompass.org/the-commons/co…
Read 9 tweets
Josh Hammer Profile picture
4 Sep 20
"Come, hear from someone who the whole world knows committed murder last weekend."

We live in a deranged world.
How is this man not already behind bars? How???
I’m actually not sure I’ve ever seen anything more disturbing in my adult lifetime.
Read 4 tweets

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