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The Thomistic Institute

Do We Really Have a Bill of Rights? – Prof. Jerome Foss

The Thomistic Institute

The Thomistic Institute

Thomism, Society & Culture, Catholic Intellectual Tradition, Christianity, Religion & Spirituality, Catholic, Philosophy, Catholicism

4.8873 Ratings

🗓️ 16 February 2026

⏱️ 53 minutes

🧾️ Download transcript

Summary

Prof. Jerome Foss argues that what Americans call the “Bill of Rights” is not a true bill of rights but a set of constitutional amendments best understood within a Federalist—and broadly Thomistic—vision of law, liberty, and the common good that resists reducing politics to individual rights talk.


This lecture was given on November 4th, 2025, at Washington & Lee University.


For more information on upcoming events, visit us at thomisticinstitute.org/upcoming-events.


About the Speakers:


Jerome C. Foss is Professor of Politics, Endowed Director of the Center for Catholic Thought and Culture, and Director of the SVC Core Curriculum at Saint Vincent College in Latrobe, Pennsylvania. Foss earned his BA from the University of Dallas and his MA and PhD from Baylor University. His research focuses on Catholic political thought, American political thought, and literature and political philosophy. His most recent book, Flannery O'Connor and the Perils of Governing by Tenderness, brings these interests together. He has also published on the history of political philosophy, the U.S. Constitution, Constitutional Law, James Madison, and Abraham Lincoln. He is currently working on a scholarly book on the first ten amendments to the Constitution (commonly known as the Bill of Rights) and a book for a more general Catholic audience on the Declaration of Independence. Foss enjoys teaching a variety of courses, including courses on the Constitutional Convention and Shakespeare as a political thinker. As Director of the CCTC, Foss helps administer the college's Benedictine Leadership Studies Program, has developed and led the colleges summer program in Rome, founded and edits an academic journal entitled Conversatio, and organizes conferences, seminars, and other events.


Keywords: American Constitutionalism, Anti Federalists And Rights, Bill Of Rights, Federalist Political Theory, James Madison, Natural Law And Natural Rights, Republican Government Thomistic Political Thought, United States Constitution

Transcript

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0:00.0

Welcome to the Tomistic Institute podcast.

0:06.8

Our mission is to promote the Catholic intellectual tradition in the university, the church, and the wider public square.

0:13.1

The lectures on this podcast are organized by university students at Temistic Institute chapters around the world.

0:19.1

To learn more and to attend these events, visit us at to mystic institute.org.

0:25.3

It's been really good getting to meet you here before the talk,

0:28.8

and I'm looking forward to talking to you tonight about the Bill of Rights

0:34.8

and Timistic thought and some ways in which Thomas's reflection on law

0:42.3

and America's practice with a written constitution

0:46.3

might come together, might connect a little bit.

0:49.3

So say a few things here about Thomas just at the beginning,

0:52.3

and then I want to give you kind of an in-depth

0:56.2

history of the Bill of Rights, not just the Bill of Rights that we normally think of, but just

1:02.4

where that whole idea of a Bill of Rights comes from, and then how we got those first 10

1:08.6

amendments.

1:10.1

And I think some of what I'm gonna say

1:11.6

might surprise you a little bit.

1:13.6

Maybe it'll even be some good fodder for conversation.

1:17.6

But just first here on St. Thomas and law.

1:22.6

So Thomas is drawing very heavily from Aristotle, excuse me, drawing very heavily from Aristotle,

1:28.3

excuse me, drawing very heavily from Aristotle

1:31.3

in his thinking about politics and law.

1:35.3

He understands that humans are political animals,

...

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