Read e-book online David's Hammer: The Case for an Activist Judiciary PDF

By Clint Bolick

ISBN-10: 1933995025

ISBN-13: 9781933995021

Judicial activism is condemned through either correct and left, for reliable reason--lawless courts are a chance to republican executive. yet difficult traditional knowledge, constitutional litigator Clint Bolick argues in David's Hammer: The Case for an Activist Judiciary that a long way worse is a judiciary that enables the opposite branches of presidency to run roughshod over helpful liberties. For greater or worse, just a energetic judiciary can implement the bounds on government and legislative motion, safeguard constitution-al rights, and tame unelected bureaucrats. David's Hammer reclaims for the judiciary its meant function because the final shield of a unfastened society.

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Extra resources for David's Hammer: The Case for an Activist Judiciary

Sample text

V. 31 Instead, Chevron ratified the creation of a vast fourth branch of government: executive agencies, exercising sweeping and often poorly defined legislative powers, unaccountable to the electorate, and uniquely susceptible to insidious specialinterest pressures. Indeed, given the narrow subject matter that most such agencies address, the benefits doled out to regulated entities provide an even greater incentive for them to manipulate government powers to their own ends. At the same time, the interest of a typical voter in specific regulations usually is fleeting at best.

In the remainder of the book I make an argument about the proper role of the judiciary in a free society, then leave the reader to determine whether that role is indeed radical or sinister and whether the courts have been exceedingly activist or perhaps insufficiently so. The argument that the Rehnquist Court was activist is made by a number of scholars. Paul Gewirtz and Chad Golder found that 27 A : 94444$$CH2 01-24-07 12:00:59 Layout: 93774 : Odd Page 27 DAVID’S HAMMER: THE CASE FOR AN ACTIVIST JUDICIARY between 1994, when the Rehnquist Court assumed its final composition, and 2005, when Rehnquist died and Justice Sandra Day O’Connor announced her resignation, the Court upheld or struck down 64 congressional provisions.

As liberals contend, federal judges appointed during conservative administrations have been more active in striking down legislation than their predecessors. But both sides’ arguments are hopelessly muddled and contradictory, ultimately calling for curbing judicial excesses only when the outcomes are contrary to their own policy desires. As Boston University law professor Randy Barnett observes about charges of judicial activism: ‘‘Most people who use the term don’t have a coherent definition of it.

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


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