Tuesday, October 2, 2012

George Will: Debate questions for the presidential candidates - The Washington Post

George Will: Debate questions for the presidential candidates - The Washington Post: "or Mitt Romney: Many conservatives advocate “judicial restraint.” They denounce “judicial activism” and define it as not properly deferring to decisions by government’s majoritarian branches. Other conservatives praise “judicial engagement” and define it as actively defending liberty against overbearing majorities. Do you favor “restraint” or “engagement”? Do you reject the Kelo decision, in which the Supreme Court deferred to governments’ desire to seize private property and give it to wealthier private interests who would pay higher taxes?"

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No! Most conservatives--at least the leading legal figures--certainly do not define judicial activism that way. They define it as deciding a case in a way that contradicts or goes beyond the text and original meaning of the constitution.

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