"When courts fail to enforce the Constitution," Bolick writes, "typically they say that the proper recourse is through democratic processes — which offers hollow comfort given that presumably it was democratic processes that created the constitutional violation in the first place." As Madison warned: "Wherever the real power in a government lies, there is the danger of oppression," and in this nation "the real power lies in the majority of the community."
Although Hamilton called the judiciary the "least dangerous" branch because it has "neither force nor will, but merely judgment," it is dangerous to liberty when it is unreasonably restrained. One hopes Romney recognizes that judicial deference to elected representatives can be dereliction of judicial duty.
George Will's email address is email@example.com.
- In our opinion: Scouting success will come...
- My view: Why moderates lost the caucus vote
- Lois M. Collins: Kids' summer 'bucket list'...
- Letters: No welfare, ever
- My view: UDOT listened, made a good choice
- In our opinion: Big screen exploitation of...
- Top scandals and controversies of each United...
- Search for extraterrestrial life goes on,...
- Letters: No welfare, ever 69
- My view: Why moderates lost the caucus... 31
- Letter: The real death panel:... 30
- Tolerance and the same-sex marriage debate 29
- In our opinion: Big screen exploitation... 25
- Matthew Sanders: Imploding trust in... 20
- Robert J. Samuelson: Can Americans stem... 18
- In our opinion: Scouting success will... 18