The Verdict on the Founding

Robert R. Reilly’s America on Trial: A Defense of the Founding argues that the intellectual roots of the founders’ political theory are found in the Christian understanding of man, society and the world, and in the tradition of natural law thinking that emerged under its aegis. The American founding, he concludes, must be understood as an attempted “re-establishment” of “the principles and practices” of medieval constitutionalism. While finding the broad outlines of Reilly’s argument persuasive, the author worries that Reilly does not adequately take into account the eclectic character of the founders’ thought, the influence of the Enlightenment and Reformation on it, and the long-term implications of the latter influences for the historical trajectory of public order they created. The contrast between Reilly’s understanding of the founding and John Courtney Murray’s more nuanced account (which recognizes the predominant influence of Christian natural law tradition on the American experiment, while acknowledging the presence of less wholesome influences as well), the article argues, underscores both the strengths and weaknesses of this book. While both Reilly and Murray would agree that the founding was “good,” Murray, unlike Reilly, recognizes that “the seeds of dissolution” were present from the beginning and worries whether it is ultimately “good enough” to sustain the American experiment in self-government and ordered liberty.