Home -> Law Blog Directory -> Religion & Law Blogs -> Constitutionally Correct

Religion & Law

: Constitutionally Correct

Conservatives v. Libertarians on judicial activism

By Alliance Alert

Damon W. Root writing at Reason: "Libertarians typically favor an aggressive judiciary that is willing to overturn mistaken precedents and strike down unconstitutional state and federal statutes. The Georgetown law professor Randy Barnett, for instance, has argued that the courts should adopt a 'presumption of liberty,' meaning that the government should be required 'to justify its restriction on liberty, instead of requiring the citizen to establish that the liberty being exercised is somehow "fundamental."' That position is almost the exact opposite of the judicial restraint advocated by Meese and other conservatives. As Ramesh Ponnuru of National Review has put it, judicial restraint 'is best understood as a finger on the scales, tipping judges in close cases against invalidating the actions of Congress or state or local governments.'" | Via Randy Barnett at The Volokh Conspiracy

Full post as published by Constitutionally Correct on June 09, 2010 (boomark / email).