« William Jacobson on Natural Born Citizens
Michael Ramsey
| Main | Does Colorado Have a Republican Form of Government?
Michael Ramsey
»

09/26/2013

Joel Alicea on Real Judicial Restraint
Michael Ramsey

In the Fall 2013 issue of National Affairs, Joel Alicea has this essay: Real Judicial Restraint -- posing the question:

What is judicial restraint? And should the conservative legal movement affirm it? The answers to these questions must be understood through the prism of originalism, which for better or worse is the default theory of legal conservatism. The principal contenders for control over the movement's future all claim as their foundation the conviction that judges must enforce the original meaning of the Constitution. So does originalism demand judicial restraint, or is originalism undermined by such restraint?

(With a tour through the philosophies of Robert Bork, James Bradley Thayer, Keith Whittington and Randy Barnett, among others).