By Clint Bolick
Judicial activism is condemned by means of either correct and left, for stable reason--lawless courts are a danger to republican executive. yet difficult traditional knowledge, constitutional litigator Clint Bolick argues in David's Hammer: The Case for an Activist Judiciary that some distance worse is a judiciary that permits the opposite branches of presidency to run roughshod over important liberties. For higher or worse, just a energetic judiciary can implement the bounds on govt and legislative motion, shield constitution-al rights, and tame unelected bureaucrats. David's Hammer reclaims for the judiciary its meant function because the final shield of a loose society.
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Extra resources for David's Hammer: The Case for an Activist Judiciary
The Federalist Society, a national organization of conservative and libertarian lawyers and law students, has sponsored hundreds of debates on the subject, and law reviews are filled with them. Such efforts to divine ‘‘original intent’’ and to promote judicial legitimacy are important endeavors. Only when such discussions spill over into the political arena do they lend themselves to partisan demagoguery, which is where we find ourselves today. For many conservatives, complaints about judicial activism are nothing new.
10,’’ Madison envisioned the rise of the modern state, with special-interest groups (referred to by Madison as ‘‘factions’’) engaged in perpetual battle to redistribute the spoils of government. ’’6 Madison understood that the ‘‘latent causes of faction are . . ’’7 The only ways to break the power of factions to do mischief, Madison asserted, were either by depriving factions of their liberty to operate or by controlling their effects. Of the first possibility, Madison declared, ‘‘it could never be more truly said .
Protecting the Legacy Ultimately, the power of the judiciary clearly is not safe in the hands of the ends-oriented denizens of either the right or the left. In the search for an enduring, objective method of constitutional interpretation that gives full meaning to our organic law, we need to start with the written Constitution and the intent of those who created it. As a constitution that was intended as much to thwart the excesses of democracy as to empower the exercise of democratic processes, a serious attempt to interpret and apply it will, by definition, lead in some instances to unpopular outcomes.