QOTD on Judicial Activism August 10, 2007Posted by federalist in Government, Judiciary.
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.”