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Politics : Politics for Pros- moderated
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To: JohnM who wrote (109830)4/17/2005 11:18:55 AM
From: Lane3  Read Replies (1) of 793750
 
The central point I took from Rosen's essay was the emphasis on judicial activism and the ironical place that sits with the Scalia's of the world.

I was also drawn to the irony. With regard to the principles of judicial activism, precedence, deference, and non-enumerated rights. One of my hobby horses is the convenient/opportunistic/hypocritical advocacy of principles.

<<The author of a provocative book, 'Restoring the Lost Constitution,' Barnett argues that courts should evaluate economic regulations with a 'presumption of liberty' rather than with a presumption of deference.>>

I think that the courts should evaluate everything with a presumption of liberty, but I'm not willing to upend constitutional democracy over it.

Just a general observation: I continue to be surprised at how little people value liberty, in general, as opposed when it gets them what they want.
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