Taking constitutionalism seriously by Steven M. Warshawsky
I wholeheartedly agree with Mr. Mulhern that conservative Supreme Court Justices “need strong enough minds to resist the pull of the legal left.” But I strongly disagree that this has anything to do with the Left’s “better legal theories.” Rather, it is a question of human nature. The Supreme Court wields enormous power in American society today, and any Justice, liberal or conservative, will be tempted to use that power to promote the interests and causes that he or she prefers (or which bring praise and prestige from the political, media, and academic establishment). The difference, however, is that liberals endorse a legal philosophy (the “living Constitution”) that justifies such abuses of power, while conservatives endorse a legal philosophy (textualism-originalism) that seeks to restrain such abuses.


- posted by SARTRE @ 7:59 AM