Another problematic aspect of the Supreme Court’s decision in Dobbs v. Jackson has to do with the legal principle of substantive due process, deriving from the Fourteenth Amendment to the Constitution. This article provided an in-depth examination of the principle of due process, and demonstrates how the Court’s decision in Dobbs winds up restricting that principle, and thus may not provide the strongest legal ground on which to restrict abortion. Instead, the article concluded that interpreting the due process clause according to its original public meaning would resolve a number of the problems associated with the substantive due process doctrine, affecting other matters beyond that of abortion.
最高法院在“多布斯诉杰克逊案”(Dobbs v. Jackson)中作出的裁决的另一个有问题的方面与源于宪法第十四修正案的实质性正当程序的法律原则有关。这篇文章对正当程序原则进行了深入的研究，并说明了法院在多布斯案中的裁决如何最终限制了这一原则，因此可能无法为限制堕胎提供最有力的法律依据。相反，该条的结论是，根据其最初的公共含义解释正当程序条款将解决与实质性正当程序原则有关的一些问题，影响到堕胎以外的其他事项。
{"title":"Dobbs, History and Tradition, and Substantive Due Process","authors":"Joseph S. Devaney","doi":"10.5840/cssr2023285","DOIUrl":"https://doi.org/10.5840/cssr2023285","url":null,"abstract":"Another problematic aspect of the Supreme Court’s decision in Dobbs v. Jackson has to do with the legal principle of substantive due process, deriving from the Fourteenth Amendment to the Constitution. This article provided an in-depth examination of the principle of due process, and demonstrates how the Court’s decision in Dobbs winds up restricting that principle, and thus may not provide the strongest legal ground on which to restrict abortion. Instead, the article concluded that interpreting the due process clause according to its original public meaning would resolve a number of the problems associated with the substantive due process doctrine, affecting other matters beyond that of abortion.","PeriodicalId":348926,"journal":{"name":"The Catholic Social Science Review","volume":"255 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136218087","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"From the Editor","authors":"Christopher J. Beiting","doi":"10.5840/cssr2023281","DOIUrl":"https://doi.org/10.5840/cssr2023281","url":null,"abstract":"","PeriodicalId":348926,"journal":{"name":"The Catholic Social Science Review","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136217885","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Supreme Court’s decision in Dobbs v. Jackson is a victory not just for the pro-life movement in particular, but also for sound jurisprudence in general. But how long will this victory last? This article concludes that it will likely be for some time, but also acknowledges a few ways by which Dobbs may be challenged, particularly state politics, public opinion, a biased media, and skewed polling. It acknowledges that while most Americans favor restrictions on abortion, most do not favor its elimination altogether, concluding that the pro-life movement must now work towards what is truly necessary: a cultural renewal in this nation that favors a culture of life.
{"title":"The Coming Tension between the Pro-Life Movement and Public Opinion","authors":"Thomas F. X. Varacalli","doi":"10.5840/cssr2023287","DOIUrl":"https://doi.org/10.5840/cssr2023287","url":null,"abstract":"The Supreme Court’s decision in Dobbs v. Jackson is a victory not just for the pro-life movement in particular, but also for sound jurisprudence in general. But how long will this victory last? This article concludes that it will likely be for some time, but also acknowledges a few ways by which Dobbs may be challenged, particularly state politics, public opinion, a biased media, and skewed polling. It acknowledges that while most Americans favor restrictions on abortion, most do not favor its elimination altogether, concluding that the pro-life movement must now work towards what is truly necessary: a cultural renewal in this nation that favors a culture of life.","PeriodicalId":348926,"journal":{"name":"The Catholic Social Science Review","volume":"2016 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136218249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Yoram Hazony’s recent book, Conservatism: A Rediscovery, is the closest one gets to a political theory of national conservatism. Hazony recognizes many of the same political goods that traditional conservatives and Catholic thinkers do. However, Hazony’s particular understanding of nationalism undermines these goods by advocating for a centralized state at the expense of healthy regionalism. Hazony overlooks the contribution made by the Catholic Church to restraining modern executive power.
{"title":"Hazony, Traditional Conservatism, and the Problem of History","authors":"Bruce P. Frohnen","doi":"10.5840/cssr20232810","DOIUrl":"https://doi.org/10.5840/cssr20232810","url":null,"abstract":"Yoram Hazony’s recent book, Conservatism: A Rediscovery, is the closest one gets to a political theory of national conservatism. Hazony recognizes many of the same political goods that traditional conservatives and Catholic thinkers do. However, Hazony’s particular understanding of nationalism undermines these goods by advocating for a centralized state at the expense of healthy regionalism. Hazony overlooks the contribution made by the Catholic Church to restraining modern executive power.","PeriodicalId":348926,"journal":{"name":"The Catholic Social Science Review","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136218279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
While the Supreme Court’s decision in Dobbs v. Jackson is a cause for rejoicing, it is at the same time a cause for frustration, as it is maddeningly incomplete. This article examines a central problem with the Court’s decision in Dobbs: its studied refusal to take up the question of the personhood of a fetus, and thus its entitlement to rights and protections under law. While the Court in Dobbs sensibly demolished the notion that there is some kind of natural right to abortion in the U.S. Constitution, and thus sent the matter back to the states, the problem of abortion in America still remains. This article presents a number of the problems that the Dobbs decision brings in its wake, and indicates that pro-lifers will still have a great deal of work to do to address them.
{"title":"An Assessment of the Reasoning in Dobbs v. Jackson Women’s Health Organization","authors":"Steven J. Brust","doi":"10.5840/cssr2023284","DOIUrl":"https://doi.org/10.5840/cssr2023284","url":null,"abstract":"While the Supreme Court’s decision in Dobbs v. Jackson is a cause for rejoicing, it is at the same time a cause for frustration, as it is maddeningly incomplete. This article examines a central problem with the Court’s decision in Dobbs: its studied refusal to take up the question of the personhood of a fetus, and thus its entitlement to rights and protections under law. While the Court in Dobbs sensibly demolished the notion that there is some kind of natural right to abortion in the U.S. Constitution, and thus sent the matter back to the states, the problem of abortion in America still remains. This article presents a number of the problems that the Dobbs decision brings in its wake, and indicates that pro-lifers will still have a great deal of work to do to address them.","PeriodicalId":348926,"journal":{"name":"The Catholic Social Science Review","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136217880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Bill Donohue, The Truth about Clergy Sexual Abuse: Clarifying the Facts and the Causes","authors":"Ronald J. Rychlak","doi":"10.5840/cssr20232820","DOIUrl":"https://doi.org/10.5840/cssr20232820","url":null,"abstract":"<jats:p />","PeriodicalId":348926,"journal":{"name":"The Catholic Social Science Review","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136217881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Anthony M. Annett, Cathonomics","authors":"Levi A. Russell","doi":"10.5840/cssr20232817","DOIUrl":"https://doi.org/10.5840/cssr20232817","url":null,"abstract":"<jats:p />","PeriodicalId":348926,"journal":{"name":"The Catholic Social Science Review","volume":"255 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136218092","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Patrick J. Gallo, The Nazis, the Vatican and the Jews of Rome","authors":"Ernest Greco","doi":"10.5840/cssr20232822","DOIUrl":"https://doi.org/10.5840/cssr20232822","url":null,"abstract":"<jats:p />","PeriodicalId":348926,"journal":{"name":"The Catholic Social Science Review","volume":"255 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136218260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Marie Gayle, Blandine Chelini-Pont, and Mark J. Rozell, editors, Catholics and US Politics after the 2020 Elections: Understanding the “Swing Vote”","authors":"Vincent Stine","doi":"10.5840/cssr20232823","DOIUrl":"https://doi.org/10.5840/cssr20232823","url":null,"abstract":"<jats:p />","PeriodicalId":348926,"journal":{"name":"The Catholic Social Science Review","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136216720","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pope Benedict XVI’s Deus caritas est rightly receives much attention for the beautiful discussion of the nature of love in the encyclical’s first part. The second part of the encyclical, however, does not receive the attention it deserves. There Benedict describes the proper role of the Church in bringing about justice, and moreover, teaches that not only a commitment to justice is necessary for the securing of the common good, but also social charity which perfects and surpasses justice. Pope Benedict describes the important role of politics in advancing the common good while also emphasizing the necessity of charity for politics to perform its function well, and ultimately, for a good which transcends the demands of justice to be attained.
{"title":"The Social Teaching in Benedict XVI’s Deus Caritas Est","authors":"Daniel Zoumaya","doi":"10.5840/cssr20232816","DOIUrl":"https://doi.org/10.5840/cssr20232816","url":null,"abstract":"Pope Benedict XVI’s Deus caritas est rightly receives much attention for the beautiful discussion of the nature of love in the encyclical’s first part. The second part of the encyclical, however, does not receive the attention it deserves. There Benedict describes the proper role of the Church in bringing about justice, and moreover, teaches that not only a commitment to justice is necessary for the securing of the common good, but also social charity which perfects and surpasses justice. Pope Benedict describes the important role of politics in advancing the common good while also emphasizing the necessity of charity for politics to perform its function well, and ultimately, for a good which transcends the demands of justice to be attained.","PeriodicalId":348926,"journal":{"name":"The Catholic Social Science Review","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136216734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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