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Religion & Law
: Constitutionally CorrectFindlaw Commentator: McCain proves judicial activism is a non-issue
By ADF Alliance Alert
Full post as published by Constitutionally Correct on May 09, 2008 (boomark / email).
Judicial Activism Alert
We always hear outrage over "judicial activism." We are told that judicial activism is wrong... for some reason. Oddly (or not?) the only time we hear complaints about judicial activism are when minority rights are vindicated...
"John McCain and Barack Obama: Two visions of the Supreme Court; McCain wants to end 'judicial activism'; Obama favors justices with 'empathy' for ordinary people."
"John McCain and Barack Obama: Two visions of the Supreme Court; McCain wants to end 'judicial activism'; Obama favors justices with 'empathy' for ordinary people." David G. Savage has this article today in The Los Angeles Times.
Judicial procedural appellate activism
Since most people that talk about ?judicial activism? are political hacks seeking the favor of non-lawyers, I don?t take them seriously. In fact, I think they should be disbarred. However, I have attempted to compile two definitions (taken in part...
Heavy Hitters Debate "Judicial Activism"
Over at Volokh, brilliant minds debate the propriety and scope of judicial review. It started out as a discussion of McCain-Feingold, but quickly turned to the broader issue of constitutional interpretation...
What Is Judicial Activism More Importantly: How Do You Prove It
There are multiple definitions of judicial activism. I think we can all agree that James Madison's definition is pretty close: It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature...
Mark Tushnet on "Judicial Activism":
In the Federalist Society online debate over the recently completed Supreme Court term, Harvard lawprof Mark Tushnet makes an important point about accusations of "judicial activism":...
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