By Clint Bolick
Judicial activism is condemned through either correct and left, for solid reason--lawless courts are a chance to republican executive. yet tough traditional knowledge, constitutional litigator Clint Bolick argues in David's Hammer: The Case for an Activist Judiciary that a ways worse is a judiciary that enables the opposite branches of presidency to run roughshod over worthy liberties. For higher or worse, just a energetic judiciary can implement the bounds on govt and legislative motion, guard constitution-al rights, and tame unelected bureaucrats. David's Hammer reclaims for the judiciary its meant function because the final shield of a loose society.
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Additional info for David's Hammer: The Case for an Activist Judiciary
Levin is a friend who, like me, has toiled in the trenches of public interest litigation, and the title of his book suggests aptly that Levin does not mince words. His words contain much truth—but also hopeless internal inconsistency that exemplifies the confused position that many conservatives take toward the judiciary. Levin summarizes his case as follows: Were our forefathers to view the American federal government of the twenty-first century, I believe they’d be appalled. Activist judges have taken over school systems, prisons, private-sector hiring and firing practices, and farm-quotas; they have ordered local governments to raise property taxes and states to grant benefits to illegal immigrants; they have expelled God, prayer, and the Ten Commandments from the public square; and they’ve protected virtual child pornography, racial discrimination in law school admissions, flag burning, the seizure of private property without just compensation, and partial-birth abortion.
Judicial Activism: Everybody’s Favorite Bogeyman Our nation’s capital always has been a partisan place, but never more so than today. Republicans and Democrats stridently vie for power apparently as little more than an end in itself. Special-interest groups across the political spectrum engage in vicious battle with the sole operational principle that the ends justify the means. , produces. Nonetheless, the infighting makes for a particularly nasty environment. And yet, many Republicans and Democrats, conservatives and liberals, no matter how far apart they are on other issues, converge on one premise: that judicial activism is rampant and threatens to wreck our country.
But as we shall see, conservatives like Robert Bork and Mark Levin have plenty of company in their ill-conceived judicial bashing—on the left. S. Constitution frozen in ice, but the caption was even more ominous: ‘‘Imagine that the interpretation of the Constitution was frozen in 1937. Imagine a country in which Social 26 A : 94444$$CH2 01-24-07 12:00:59 Layout: 93774 : Even Page 26 Judicial Activism: Everybody’s Favorite Bogeyman Security, job-safety laws and environmental protections were unconstitutional.
David's Hammer: The Case for an Activist Judiciary by Clint Bolick