David's Hammer: The Case for an Activist Judiciary by Clint Bolick

By Clint Bolick

Judicial activism is condemned by means of either correct and left, for sturdy reason―lawless courts are a possibility to republican executive. yet tough traditional knowledge, constitutional litigator Clint Bolick argues in David's Hammer: The Case for an Activist Judiciary that some distance worse is a judiciary that permits the opposite branches of presidency to run roughshod over helpful liberties. For greater or worse, just a lively judiciary can implement the bounds on govt and legislative motion, safeguard constitution-al rights, and tame unelected bureaucrats. David's Hammer reclaims for the judiciary its meant function because the final guard of a loose society.

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I. Bill or the Cleveland school-choice program, precisely because the funds are expended as a matter of individual choice and because we have a tradition of religious tolerance. None of that mattered to Justice Breyer, for whom judicial modesty can only be said to have given way to personal policy objections to the school-choice program. Protecting the Legacy Ultimately, the power of the judiciary clearly is not safe in the hands of the ends-oriented denizens of either the right or the left. In the search for an enduring, objective method of constitutional interpretation that gives full meaning to our organic law, we need to start with the written Constitution and the intent of those who created it.

In the 19th century, such concerns were consuming. No Fourteenth Amendment would exist, for example, if Congress had not doubted its own authority to enact civil rights legislation restricting state action. By contrast, the contemporary 28 A : 94444$$CH2 01-24-07 12:00:59 Layout: 93774 : Even Page 28 Judicial Activism: Everybody’s Favorite Bogeyman Congress spends precious little time pondering its authority to do anything. The proliferation of federal statutes has been astounding as reflected by the number of pages in the United States Code, which sets forth all federal laws.

But when it strays too far from majority consensus, as in the Warren Court, democratic correctability sets in 44 A : 94444$$CH3 01-24-07 10:53:31 Layout: 93774 : Even Page 44 The Origins and Importance of Judicial Review as courts become a campaign issue and the executive and legislative branches are given a mandate to reshape the judiciary. President Franklin D.

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