Strengthening Constitutional Self-Government

No Left Turns

Left, right, and judicial restraint

This article surveys the debate and makes a few interesting points, some of which we may have forgotten or did not know.

First, the argument against judicial overreach has decades-old roots, and hence (though the author doesn’t say this) is not a product of the religious right (which seems to be the burden of this article).

Second, arguments to limit the scope of judicial decisions are not exclusive to the right; there’s a "popular constitutionalism" movement on the left. If left and right can join in insisting that the three branches are actually all entitled to interpret the Constitution as they carry out their constitutional responsibilities, we’re making some progress.

For more on these issues on the left, go here, here, and here.

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