Tuesday, April 10, 2012

What is Judicial Activism?

Randy Barnett over at the Volokh Conspiracy has a post.

"I am old enough to remember way back in 2002, when the legal professoriate was busy criticizing the Rehnquist Court for its conservative judicial activism for its decisions in such cases as United States v. Lopez and United States v. Morrison. Now, of course, we are told by the defenders of the constitutionality of the ACA that these cases are hallowed precedents that provide the only limits on the commerce power of Congress, lest they have to defend the untenable position that there are no limits whatsoever."

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