Not above the Law

HAVING favorably mentioned natural law and natural rights in his speeches, Clarence Thomas was grilled suspiciously by the Senate Judiciary Committee. Chairman Biden orated, saying nothing wrong, nothing new, and nothing original (what did you expect?) about natural law, yet, ever so glancingly, suggesting that there might be something odd about Judge Thomas’s crediting it. The judge had to explain that he. thought natural law contributed to the principles underlying our Constitution (the Framers actually said so) although, as a judge, he realizes that his obligation is to follow the positive law—the actual Constitution— whether it springs from natural law or not. Judge Thomas might have added that, if cases could be decided by natural law, positive (legislated) law, such as the Constitution, would be redundant.

Mr. van den Haag is a Distinguished Scholar at the Heritage Foundation.

EH

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Ernest van den Haag

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HAVING favorably mentioned natural law and natural rights in his speeches, Clarence Thomas was grilled suspiciously by the Senate Judiciary Committee. Chairman Biden orated, saying nothing wrong, nothing new, and nothing original (what did you expect?) about natural law, yet, ever so glancingly, suggesting that there might be something odd about Judge Thomas’s crediting it. The judge had to explain that he. thought natural law contributed to the principles underlying our Constitution (the Framers actually said so) although, as a judge, he realizes that his obligation is to follow the positive law—the actual Constitution— whether it springs from natural law or not. Judge Thomas might have added that, if cases could be decided by natural law, positive (legislated) law, such as the Constitution, would be redundant.

Mr. van den Haag is a Distinguished Scholar at the Heritage Foundation.