Marc O. DeGirolami

Washington, D.C., United States

St. John Henry Newman Professor of Law Co-Director, Center for Law and the Human Person The Catholic University of America, Columbus School of Law

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Articles

Was the Constitution "Hard" Positive Law When Enacted?

2 weeks ago | humanperson.law.edu | Marc O. DeGirolami

That’s by and large the subject of our discussion on this new podcast, as Kevin and I chatted about some comments he will offer in response to Jonathan Gienapp’s “Against Constitutional Originalism” at a conference at Yale. It gave us a chance to revisit one of my favorite old cases, Calder v. Bull (1798), and the opinion of Justice Paterson (pictured above) in the case.
Thoughts on ABA accreditation of law schools and academic letters, joint and single

2 weeks ago | humanperson.law.edu | Marc O. DeGirolami

These are the topics, rather close to home, that Kevin and I take up in this episode of Sub Deo. Listen in!
Was Rahimi Right?

1 month ago | humanperson.law.edu | Marc O. DeGirolami

A follow-up Sub Deo podcast to our last concerning the Bruen case, in this episode Kevin and I reflect on the methodology of United Stated v. Rahimi and think about judicial prudence in light of a wonderful old classic of constitutional theory from the 1980s, The Rise of Modern Judicial Review, by Christopher Wolfe. Listen in!
Was Bruen Right? Prof. Joel Alicea on Sub Deo

1 month ago | humanperson.law.edu | Marc O. DeGirolami

In our newest episode, Kevin and I interview our friend and colleague, Joel Alicea, about his very fine new article, Bruen Was Right. Along the way we cover several broad and specific matters of constitutional interpretation. It was a pleasure to do this with two originalist friends of mine. Listen in!
Hobbes as Jurisprudent

2 months ago | humanperson.law.edu | Marc O. DeGirolami

“And first, it is manifest that law in general is not counsel, but command; nor a command of any man to any man, but only of him whose command us addressed to one formerly obliged to obey him.
Sub Deo XV: What is the "Legislative Power"? (An Elections Clause Diversion)

2 months ago | humanperson.law.edu | Marc O. DeGirolami

The Elections Clause of the Constitution states: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.” In this episode, Kevin and I think about his latest article, which argues that Virginia’s congressional districts are unconstitutional because the Supreme Court of Virginia exercised...
Saving Religion from Incoherence

2 months ago | thepublicdiscourse.com | Marc O. DeGirolami

There once was a time when religion was listed alongside politics, sex, and money as unsuitable for discussion in polite company. Religion may be the only one of this quartet of etiquette taboos left standing. It still feels improper, awkward, uncomfortable.
"Cloaked with religious significance": Two Judicial Views of Religion in American Law

Dec 11, 2024 | humanperson.law.edu | Marc O. DeGirolami

From an interesting, unpublished, opinion of the U.S. Court of Appeals for the Third Circuit, McDowell v. Bayhealth Medical Center, Inc. The case itself was not that uncommon. It concerned a Title VII matter: the defendant required its employees to receive a COVID vaccine in order to work, with possible exemptions for religious or medical reasons.
Third Annual Spring Symposium

Nov 16, 2024 | humanperson.law.edu | Marc O. DeGirolami

Skip to content “All men, by nature, desire to know.” So did Aristotle introduce his mighty “Metaphysics.” Knowledge is a natural human good, desirable for its own sake. And human beings fulfill or achieve the natural good of knowledge through a variety of enduring institutions. Institutions are a society’s knowledge repositories, incubators, and transmitters. But American institutions all suffer from a deepening crisis of trust. Many outside them doubt that they contribute anything true or...
Pierre Manent on the Political Ties that Bind

Nov 12, 2024 | humanperson.law.edu | Marc O. DeGirolami

A nice piece by Paul Seaton on the political thinker, Pierre Manent, published over at Public Discourse. Seaton summarizes some of Manent’s key themes over the years.