George Will comes out in favor of 'judicial activism' and says good conservatives should favor it, too. Why? Because it favors the Constitution in its constructionist mean over modern majoritarian impulses (popular in the Republican party because, hey, they're the majority); and the constructionist interpretation offers deference to the majority of the founding -- an unusually deliberative moment which deserves such deference.
What's useful about the OpEd is it draws a clean line between constuctionism (one conservative meme) and anti-activism, and effectively chides Republicans for giving in to the majoritarian spoils system. Activist away!
Thursday, September 01, 2005
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