Judicial Review

January 13, 2020|Greg Weiner, judicial engagement, Judicial Restraint, Judicial Review, The Political Constitution

Wanted: A republican Judiciary

Chambers of the U.S. Supreme Court (Erik Cox Photography / Shutterstock.com).

What we require is not judicial restraint, but a different sort of judicial engagement that develops the traditions of republican government.

November 15, 2019|judicial engagement, Judicial Review, Judicial Supremacy, Originalism, The Political Constitution

Judicial Supremacy and the Constitution

by Greg Weiner|3 Comments

Greg Weiner discusses the difference between the political constitution and the judicial constitution.

October 7, 2019|Declaration of Independence, George Will, James Madison, Judicial Review, Natural Rights, Progressivism, Statecraft as Soulcraft, Whittaker Chambers, Woodrow Wilson

Progress of a Conservative

by Richard M. Reinsch II|4 Comments

George Will at CPAC 2014 (shutterstock.com)

“The Founders intended the Constitution to promote a way of life, and they understood that to promote a way of life is to promote a kind of person.”

August 1, 2019|Congress, John Marshall, Judicial Review, Lochner Court, Rehnquist Court, Repugnant Laws, Roberts Court, Warren Court

The Politics of Judicial Review: A Conversation with Keith Whittington

by Keith Whittington|3 Comments

Keith Whittington discusses his reassessment of judicial review in his new book Repugnant Laws

January 4, 2019|Court-Packing, Free Speech, illiberal democracy, Judicial Review, Law and Justice Party, Liberal Democracy, Social Democracy, Victor Orban

Homegrown Varieties of Illiberal Democracy

by John O. McGinnis|3 Comments

Gdansk, Poland - September 22, 2018: Logo of Law and Justice (Robson90 / Shutterstock.com)

The condemnations of illiberal democracy are frequently shallow because they tend to assume rather than show the coherence of “liberal democracy.”

September 25, 2018|Citizen United, David Leonhardt, John Roberts, Judicial Review, Obamacare, Roberts Court, Same Sex Marriage, Term Limits

If the Supreme Court Is Simply Partisan, Eliminate Judical Review

by John O. McGinnis|10 Comments

U.S. Supreme Court chambers (stock_photo_world / Shutterstock.com).

If the Court is as partisan as David Leonhardt thinks, his remedies are useless or counterproductive.

August 17, 2018|Hans Linde, Judicial Review, Lochner v. New York, Supreme Court

How Judicial Review Improves the Legislative Process

by James R. Rogers|7 Comments

Detail image of U.S. Supreme Court building (Brandon Bourdages/Shutterstock.com).

We normally think of judicial review of legislation as a zero-sum game, but it has unseen benefits.

April 17, 2018|Judicial Review, Legislation, moral hazard

How Judicial Review Creates Incentives for Reckless Legislation

by James R. Rogers|10 Comments

Billionphotos.com/Adobe Stock Images

When legislators know that judicial review will save them from hard calls about the laws they vote on, no end of mischief follows.

April 16, 2018|auxiliary precautions, Federalist 51, James Madison, Judicial Review, moral hazard, Republican Virtue

When “Auxiliary Precautions” Undermine Republican Character

by James R. Rogers|15 Comments

Chambers of the South Carolina Supreme Court, December 10, 2014 (Nagel Photography/Shutterstock.com).

Is it possible that the courts - one of our most important "auxiliary precautions" - are undermining republican liberty?

Liberalism and Divine Justice

by David D. Corey

Nelson successfully shows how the liberal ideas of metaphysical and political freedom were part of a grand strategy to vindicate the justice of God.

How to Essay the Upright Man

by Ryan Shinkel

Leon Kass moved from science to the humanities as a renowned teacher of great books and applier of their wisdom, and we can learn much from him.

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