High Courts & Misdemeanors

Lochnerizing Courts & the Abolition of Marriage

by Robert P. George

Judges are not legislators. The legitimacy of their decisions, particularly those decisions that displace the judgments of the people’s elected representatives, depends entirely on the truth of the claim that the law authorizes the court to settle the matter. When this claim is false, a judicial edict is not redeemed by its good intentions and even its good consequences (if the consequences of the edict in fact turn out to be good).

Decisions in which the courts usurp the constitutionally granted authority of the people in a basically just democratic polity are not . . .

THIS ARTICLE ONLY AVAILABLE TO SUBSCRIBERS.
FOR QUICK ACCESS:


Robert P. George is McCormick Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions at Princeton University (web.princeton.edu/sites/jmadison). His books include In Defense of Natural Law (Oxford University Press) and Conscience and Its Enemies (ISI Books). He has served as chairman of the U.S. Commission on International Religious Freedom. He is a senior editor of Touchstone.

calling all readers

Please Donate

"There are magazines worth reading but few worth saving . . . Touchstone is just such a magazine."
—Alice von Hildebrand

"Here we do not concede one square millimeter of territory to falsehood, folly, contemporary sentimentality, or fashion. We speak the truth, and let God be our judge. . . . Touchstone is the one committedly Christian conservative journal."
—Anthony Esolen, Touchstone senior editor

Support Touchstone


more on marriage from the online archives

29.1—Jan/Feb 2016

Wilberforce for Good

on Marriage, Moral Corruption & the Christian Duty of Witness by Regis Nicoll

24.1—January/February 2011

The Romance of Domesticity

Marriage Thrives in Reality, Not in Our Dreams by Nathan Schlueter

22.4—May 2009

Take & Give

on Two Words That Describe the Workings of Love by Bruce Brander

• Not a subscriber or wish to renew your subscription? Subscribe to Touchstone today for full online access. Over 30 years of publishing!


personal subscriptions

Purchase
Online Subscription

Get a one-year full-access subscription to the Touchstone online archives including pdf downloads for only $19.95. That's only $1.66 per month!


RENEW your online subscription

Purchase Print &
Online Subscription

Get six issues (one year) of Touchstone PLUS full online access including pdf downloads for only $39.95. That's only $3.34 per month!


RENEW your print/online
subscription

gift subscriptions

GIVE Print &
Online Subscription

Give six issues (one year) of Touchstone PLUS full online access including pdf downloads for the reduced rate of $29.95. That's only $2.50 per month!


RENEW your gift subscription

Transactions will be processed on a secure server.

bulk subscriptions

Order Touchstone subscriptions in bulk and save $10 per sub! Each subscription includes 6 issues of Touchstone plus full online access to touchstonemag.com—including archives, videos, and pdf downloads of recent issues for only $29.95 each! Great for churches or study groups.

kindle subscription

OR get a subscription to Touchstone to read on your Kindle for only $1.99 per month! (This option is KINDLE ONLY and does not include either print or online.)

Your subscription goes a long way to ensure that Touchstone is able to continue its mission of publishing quality Christian articles and commentary.


more from the online archives

28.1—January/February 2015

Altered Matrimony

on State Impositions & Church Acquiescence by Stephen Baskerville

30.5—Sept/Oct 2017

The Age of Reformations

The Critical History Before, During & After Martin Luther by James Hitchcock

31.1—January/February 2018

In Defense of Prudery

The Wisdom of the Victorian Quest for Innocence by David Sandifer