jump to navigation

QOTD on Judicial Activism August 10, 2007

Posted by federalist in Government, Judiciary.

Roger Pilon:

James Madison stood for limited government, not wide-ranging democracy. His first principle was that in wide areas individuals are entitled to be free simply because they are born free. His second principle was that in some areas majorities are entitled to rule because we have authorized them to.

Yet we repeatedly see conservative jurists, as [in Abigail Alliance for Better Access to Developmental Drugs v. Eschenbach], ignoring the true Madison — deferring to the legislature when their duty, as Madison put it, is to stand as “an impenetrable bulwark against every assumption of power in the legislative or executive.”


1. federalist - October 26, 2007

John Hasnas notes:

Prior to the nineteenth century, it would be fair to say that common law judges did not make law, but discovered the law by discovering what constituted the customs of the country. In sum, under the old common law, judges served mainly as procedural referees

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: