Google
 
Web rhymeswithright.mu.nu

January 14, 2010

George Will On Judicial Review

I love the conclusion to his latest column. It sums up how judicial review ought to operate in our system of government and how it did operate at one time.

Judicial review -- let us be candid: judicial supervision of democracy -- troubles people who believe, mistakenly, that the Constitution's primary purpose is simply to provide the institutional architecture for democracy. Such people believe that having government by popular sovereignty is generally much more important than what government does; hence, courts should be broadly deferential to preferences expressed democratically. This is the doctrine of those conservatives who deplore, often with more vigor than precision, "judicial activism."

More truly conservative conservatives take their bearings from the proposition that government's primary purpose is not to organize the fulfillment of majority preferences but to protect preexisting rights of the individual -- basically, liberty. These conservatives favor judicial activism understood as unflinching performance of the courts' role in that protection.

That role includes disapproving congressional encroachments on liberty that are not exercises of enumerated powers. This obligatory engagement with the Constitution's text and logic supersedes any obligation to be deferential toward the actions of government merely because they reflect popular sovereignty.

The latter kind of conservatives are more truly conservative than the former kind because they have stronger principles for resisting the conscription of individuals, at a cost of diminished liberty, into government's collective projects. So a constitutional challenge to the mandate serves two purposes: It defies a pernicious idea and clarifies conservatism.

Now I would modify that ever so slightly, to say something that I believe Will would agree with. The will of the people as expressed through their votes and the actions of the political branches of government OUGHT TO BE deferred to insofar as those branches are acting within the constraints of the Constitution (or of the constitutions of the states), but the courts must act to overrule the people and their elected representatives when their actions clearly exceed the limits imposed by the Constitution as understood by those who wrote and ratified it. Judicial review, and with it the power to overturn the laws and acts of the political branch, reaches not to whether a law is good or bad, or if it wise or unwise it properly extends only to whether or not they are permissible enactments under the powers granted to the government.





|| Greg, 06:26 PM || Permalink || Comments (25) || Comments || TrackBacks (0) ||

Trackback Information for George Will On Judicial Review

TrackBack URL for this entry: http://blog2.mu.nu/cgi/trackback.cgi/269549
Listed below are links to weblogs that reference 'George Will On Judicial Review'.

Comments on George Will On Judicial Review

Rhymes With Right - George Will On Judicial Review
fnxsjkgggd http://www.gx7px4an2zb3574el4j7mq23b9r9713as.org/
afnxsjkgggd
[url=http://www.gx7px4an2zb3574el4j7mq23b9r9713as.org/]ufnxsjkgggd[/url]

|| Posted by fnxsjkgggd, March 5, 2018 06:29 PM ||

The NBA playoffs now for today, have determined the warriors in the western conference and will compete for a spot in the finals quota, knight still don't know who his opponent was.However, even in the face of the celtics or the wizards, presumably knight will be
d rose 8

|| Posted by d rose 8, March 6, 2018 08:28 PM ||

Owen said: "Cleveland need game."Indeed, they rested for too long.In green, and the wizards to after the tiebreak, the beginning of the knight's eastern conference finals first time has pushed the next Wednesday.
NMD R1 Shoes

|| Posted by NMD R1 Shoes, March 8, 2018 05:36 AM ||

"I don't think eastern conference finals will be a long war, knight's strength is too strong. The celtics nobody with lebron, they even Owen this level of star all have no, they are really no one can stop the knight.
kevin durant jersey

|| Posted by kevin durant jersey, March 8, 2018 10:02 AM ||

I actually still can not quite believe that I could always be one of those reading through the important tips found on your site. My family and I are seriously thankful on your generosity and for presenting me the advantage to pursue my own chosen career path. Thanks for the important information I obtained from your website.
skechers shoes

|| Posted by skechers shoes, March 8, 2018 01:28 PM ||

Because Michael Owen at the side of huang zhan, so his nickname called small report.The earliest Owen left the impression of the world, is probably the flashy passing movements and dazzling breakthroughs, remember in the rookie challenge, he drew down two slipped past knight
kobe bryant jersey

|| Posted by kobe bryant jersey, March 9, 2018 02:40 AM ||

Owen said: "Cleveland need game."Indeed, they rested for too long.In green, and the wizards to after the tiebreak, the beginning of the knight's eastern conference finals first time has pushed the next Wednesday.
asics gel kayano 24

|| Posted by asics gel kayano 24, March 9, 2018 05:42 AM ||

Because Michael Owen at the side of huang zhan, so his nickname called small report.The earliest Owen left the impression of the world, is probably the flashy passing movements and dazzling breakthroughs, remember in the rookie challenge, he drew down two slipped past knight
canada goose

|| Posted by canada goose, March 9, 2018 12:40 PM ||

Carey - Owen about injury of varese, said it happened out how knight players want to play games."I was about to enter a 5 on 5 game, but after three seconds, varese is injured
adidas yeezy

|| Posted by adidas yeezy, March 9, 2018 03:24 PM ||

Draft of the same year on the bottom rookie will be what?In general the draft should be able to blow the other party, who would have thought them took Owen on the 60th pick small Thomas in the same year, he turned out to be in the position of the challenger?
kyrie 2

|| Posted by kyrie 2, March 9, 2018 05:59 PM ||

Obviously, the right to occupy a team-high 21.6 shots of Michael Owen, but failed to hit as James scores, this let a person feel, Owen has become a "cancer" of the knight.But many fans also feel,
asics shoes

|| Posted by asics shoes, March 9, 2018 06:11 PM ||

The noises and stressful the playoffs."We are eager to match."Owen said.Knight should first game will be on Thursday in east, and before them
kd shoes store

|| Posted by kd shoes store, March 9, 2018 11:37 PM ||

NBA players in addition to playing badly, and also an art cells, for two consecutive years in the NBA finals two teams join forces with the warriors and knight, but only two dancers, two teams played neck and neck, dancing is close, take a look at
adidas superstar

|| Posted by adidas superstar, March 10, 2018 02:26 AM ||

Carey - Owen about injury of varese, said it happened out how knight players want to play games."I was about to enter a 5 on 5 game, but after three seconds, varese is injured
calvin klein outlet

|| Posted by calvin klein outlet, March 10, 2018 04:37 AM ||

"We learnt the basics of good page layout and design with Actinic and found it very easy to customize.
NFL Jerseys Authentic Cheap

|| Posted by NFL Jerseys Authentic Cheap, March 10, 2018 12:31 PM ||

Yesterday, the wall on the right side 45 live a miserable life in the three points must win.The shooting location is Owen puts up the location of the many times.Today was asked Owen saw wall dead there is what feeling
curry 3

|| Posted by curry 3, March 10, 2018 05:41 PM ||

Hayden and T.
Jerseys NFL Wholesale

|| Posted by Jerseys NFL Wholesale, March 10, 2018 08:13 PM ||

Layup is a very basic basketball skills maybe everyone layup but there is a way of layup is not everyone that is wrong step layup.
nike air vapormax

|| Posted by nike air vapormax, March 10, 2018 10:47 PM ||

Set up a custom, toll free 800 number or local number with this voice-over IP solution, so your customers can contact your company no matter where you are located.
Cheap NFL Jerseys China

|| Posted by Cheap NFL Jerseys China, March 11, 2018 01:22 AM ||

&lt;/p&gt;</code>We have just outlined one of the most powerful uses for CSS classes, and that is that we can apply our classes to as many or as few tags as we want.
Cheap NFL Jerseys China

|| Posted by Cheap NFL Jerseys China, March 11, 2018 03:54 AM ||

So that gave us that edge, and I'm not sure that we could re-create it without having made that transaction.
wholesale jerseys

|| Posted by wholesale jerseys, March 11, 2018 06:22 AM ||

With three points to beat John wall, the day before yesterday the wizards will competition into the tiebreak wars, 8:00 tomorrow the wizards will be tie-break at Celtic and rival.
kyrie 4

|| Posted by kyrie 4, March 11, 2018 09:58 AM ||

Beanie Wells To think the Cardinals had the type of day they did against Green Bay last week without Anquan Boldin (ankle, knee) makes it seem scary what type of day they could have against the Saints with him.
Cheap NFL Jerseys

|| Posted by Cheap NFL Jerseys, March 11, 2018 01:02 PM ||

Layup is a very basic basketball skills maybe everyone layup but there is a way of layup is not everyone that is wrong step layup.
nmd human race

|| Posted by nmd human race, March 11, 2018 04:13 PM ||

NBA players in addition to playing badly, and also an art cells, for two consecutive years in the NBA finals two teams join forces with the warriors and knight, but only two dancers, two teams played neck and neck, dancing is close, take a look at
kevin durant jersey

|| Posted by kevin durant jersey, March 11, 2018 07:27 PM ||
Post a comment

Remember personal info?


 

 





AnotherMunublogSmall.jpg





Winner - 2014 Fabulous 50 Blog Awards
Winner - 2014 Fabulous 50 Blog Awards

Winner - 2013 Fabulous 50 Blog Awards

Winner - 2012 Fabulous 50 Blog Awards

Winner - 2011 Fabulous 50 Blog Awards

Winner - 2010 Fabulous 50 Blog Awards

Winner - 2009 Fabulous 50 Blog Awards

Posts by Category

Abortion (posts: 2)
Announcements (posts: 14)
Blogging (posts: 188)
Border Issues & Immigration (posts: 422)
deferred (posts: 4)
Education (posts: 686)
Entertainment & Sports (posts: 483)
Guns & Gun Control (posts: 65)
History (posts: 329)
Humor (posts: 88)
Israel/Middle East (posts: 44)
Medical News (posts: 54)
Military (posts: 273)
News (posts: 1571)
Paid Advertising (posts: 234)
Personal (posts: 110)
Politics (posts: 5273)
Race & Racism (posts: 283)
Religion (posts: 820)
Terrorism (posts: 885)
Texas GOP Platform Reform Project (posts: 4)
The Courts (posts: 310)
Watcher's Council (posts: 482)
World Affairs (posts: 345)

Archives

December 2017
August 2017
January 2017
December 2016
November 2016
February 2016
January 2016
December 2015
November 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
December 0000



MuNuviana



Licensing

Creative Commons License
This weblog is licensed under a Creative Commons License.

Powered By

Powered by
Movable Type 2.64
AnotherMunublogSmall.jpg

Administrative Stuff

Email Me
Syndicate this site (XML)

Advertising Disclosure

adpolicy.gif

About Me

NAME: Greg
AGE: 50-ish
SEX: Male
MARITAL STATUS: Married
OCCUPATION: Social Studies Teacher
LOCATION: Seabrook, TX
DISCLAIMER: All posts reflect my views alone, and not the view of my wife, my dogs, my employer, or anyone else. All comments reflect the view of the commenter, and permitting a comment to remain on this site in no way indicates my support for the ideas expressed in the comment.

Search This Site


Support This Site



Recent Entries

A Word Of Repentance
To Conservatives And Republicans Of Conscience
Reflecting On Charlottesville
On Fake News
Who Cares About The Emoluments Clause?
If It Doesn't Bother You, It Should
Bromance Turns America Into Russian Satellite State
Because Many Americans Would Findf The Biblical Plagues To Be Preferable
Because When A Minority Wins An Election, The Majority Must Shut Up
Hope For The Future

Blogroll


Watchers Council
  • Ask Marion
  • Bookworm Room
  • The Colossus of Rhodey
  • The Glittering Eye
  • GrEaT sAtAn"S gIrLfRiEnD
  • The Independent Sentinel
  • JoshuaPundit
  • Liberty's Spirit
  • New Zeal
  • Nice Deb
  • The Noisy Room
  • The Razor
  • Rhymes With Right
  • The Right Planet
  • Simply Jews
  • Virginia Right!
  • Watcher Of Weasels

  • Political & Religious Blogs