founding fathers worried more about legislative activism than judicial activism
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This began as a response to a comment by Eric Seymour in a post at In the Agora, but I'm moving it up here because the response became so long and delved into the details of constitutional interpretation so deeply that I thought it deserved to be its own post. It is addressed specifically to him,…
Thanks to flatlander for sending me a link to this article about Utah state Sen. Chris Buttars and his latest attempt to seize the title of America's looniest state legislator away from Alabama's Gerald Allen. Buttars is back with two new bills. The first would take a stab at "defining the…
The Alliance Defense Fund now has a blog called Constitutionally Correct. A couple of recent posts on that blog serve to demonstrate how completely meaningless the phrase "judicial activism" is when it's used by social conservatives. In this post, they take the New York Times to task over this op-…
As a follow up on the posts over the last few days about the emptiness of the phrase "judicial activism", I would urge those who are interested to read Keenan Kmiec's article on the subject from 2004. It's a thorough analysis of all the ways the term is used, and a history of its usage. At the end…