"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 georgewill@washpost.com.
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George F. Will is one of the most widely recognized, and widely read, writers in the world. With more than 450 newspapers, his biweekly Newsweek column, and his appearances as a political commentator on ABC, Will may be more ..
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Finally a conservative who is honest enough to tell the truth. Conservatives want supreme court decision they like, regardless of the legal reasoning. When activism achieves that end, they'll take activism. Same with restraint. I'm not More..
This is too funny.
First, call them what you want, economic rights ARE inferior to more "fundamental" rights such as speech, association, etc.
Second, Judicial restraint is "pernicious"? Mr. Will’s opinion More..
We need supreme court judges that make good decisions in context of the law. This discussion of liberal or conservative judges that persistes suggests that, in a not so subtle way, we want the judges to be political lapdogs, not impartial legal More..