Kleinerman, Benjamin and George Thomas. “How Woodrow Wilson Got Us Donald Trump.” The Weekly Standard, August 30, 2018.
Kommers, Donald, John Finn, Gary Jacobsohn, George Thomas, and Justin Dyer. American Constitutional Law: Essays, Cases, and Comparative Notes. Vol 1: Governmental Powers and Democracy and Vol II: Liberty, Community, and the Bill of Rights, 4th edition. West Academic Publishing, 2018.
Abstract: American Constitutional Law, Volume 2: Liberty, Community, and the Bill of Rights is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as in invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics that have been addressed by the Supreme Court in recent years.
Thomas, George. “Don’t Forget About Kavanaugh’s Troubling Legal Philosophy.” The Washington Post, October 2, 2018.
Thomas, George. “The Madisonian Constitution, Political Dysfunction, and Polarized Politics.” Parchment Barriers: Political Polarization and the Limits of Constitutional Order, edited by Zachary Courser, Eric Helland, and Kenneth P. Miller. University Press of Kansas, 2018, pp. 15-34.
Thomas, George. “Religious Liberty, Same-Sex Marriage and Public Accommodations.” Perspectives on Politics, vol. 16, issue 1, 2018, pp. 58-72.
Abstract: Against the legal recognition of same-sex marriage, many advocates of religious liberty argue that those who adhere to “traditional” understandings of marriage should not be forced to “recognize” same-sex marriages. This includes exempting individual business owners engaged in commercial activity from anti-discrimination laws. I argue that such exemptions overreach. Equal access to the commercial arena is an essential feature of life in America’s commercial republic, which means that public accommodations should not be given exemptions on religious grounds. Yet this does not require business owners to morally approve of same-sex marriage; nor does it require them to grant same-sex marriages “equal concern and respect.” Rather, it requires simple toleration, which is compatible with moral disapproval. Indeed, I argue that this is the very sort of toleration at the foundation of religious liberty in America. Efforts to grant religious exemptions to anti-discrimination laws invite the return of religious conflict and discrimination. Prohibiting discrimination on the basis of sexual orientation in public accommodations is necessary not only for equal citizenship, but to maintain the regime of toleration that undergirds religious liberty in a pluralistic democracy.