Judicial Review

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|3 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|2 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?

April 12, 2018|Administrative State, Chevron deference, John Locke, judicial activism, Judicial Review

Chevron Bias, Illustrated by Statistics

by Philip Hamburger|7 Comments

Chevron interferes with independent judicial judgment, and Christopher Walker calls it nonpartisanship.

December 27, 2017|Administrative State, Judicial Review

Limiting the Judicial Power of Agencies

by Mike Rappaport|6 Comments

In two prior posts (here and here), I have been discussing the ideas in my new paper, “Classical Liberal Administrative Law in a Progressive World.” This post continues the series by discussing how agency adjudication should be changed.

Under current arrangements, agencies often adjudicate cases that really should be adjudicated in Article III courts. Most of the time, these adjudications are called formal adjudications since they are accompanied by a formal hearing that provides significant procedural protections. The initial decision is made by an administrative law judge (ALJ) but, if the agency does not agree with the ALJ’s decision, the agency can appeal that decision to itself and reverse the ALJ. Thus, agency adjudications are ultimately controlled by the agency.

A Better Guide than Reason—Or Not?

by Virginia Arbery

In recovering tradition, how can the presuppositions of a believing culture apply to one bereft of belief?

Preaching the American Gospel

by Glenn A. Moots

The author demonstrates the consequences of progressive social thought for mainline Protestantism: ecumenical denominations faded, evangelicals flourished.

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