1. dispatches
  2. Conservative Judicial Theory in Practice

Conservative Judicial Theory in Practice

By stcynic on February 20, 2004.

I had to chuckle as I read Tim Sandefur's take on how conservatives view the judiciary:

Joe: I would like to do X, which is something that doesnt harm anyone else.

Richard: Yeah, but I dont like you doing X. It just bothers me. Therefore Im going to force you to stop.

Judge Bill: Um, Richard, Im sorry, you dont have the right to interfere with Joe if he wants to do X.

Richard: Aaargh! Unelected judges taking away my freedom! Help! Help! Im being repressed!

Come and see the violence inherent in the system! Hilarious, and for the most part accurate. Too often, it seems to me, conservatives believe that if we limit their ability to impose their will on others, we've deprived them of their rights - as though they had some inherent privelege to do so. By the way, you should be reading his blog. You should also be reading Randy Barnett's webpage. And the Trivial Pursuit blog. And Southern Appeal too.

Southern Appeal has a long list of links to blogs discussing the 9th amendment, as this debate sweeps through the blogosphere.

Tags
law

More like this

The Constitution in 2020
The title is the name of a conference to be held at Yale University in April 2005, which will include some of the most influential and respected constitutional law scholars in the nation (though the list at this point excludes some names that certainly should be there - Richard Epstein, Doug…
Barnett, Bork and Unenumerated Rights
Jonathan Rowe, this month's guest blogger on Tim Sandefur's Freespace Blog, is in the middle of reading Randy Barnett's Restoring the Lost Constitution, and he's blogging about it. I have not read the book yet, but Barnett is probably my favorite constitutional scholar. The other day I mentioned…
Sandefur Reviews Barnett
Timothy Sandefur has published a review of Randy Barnett's book Restoring the Lost Constitution: The Presumption of Liberty. The review is called The Normality of Freedom, and that is a good title. While he has some criticisms of what the book lacks, I think he captures the essence of the…
Congratulations to Timothy Sandefur
Despite the fact that the first thing he did upon returning from his weekend getaway was bust my chops for my take on the Dan Rather fake memo story (LOL), I'd like to congratulate Timothy Sandefur both on his award from the Clarement Institute and on the recent publication of his article about the…