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Download David's Hammer: The Case for an Activist Judiciary by Clint Bolick PDF

By Clint Bolick

Judicial activism is condemned by means of either correct and left, for sturdy reason--lawless courts are a chance to republican govt. yet not easy traditional knowledge, constitutional litigator Clint Bolick argues in David's Hammer: The Case for an Activist Judiciary that some distance worse is a judiciary that enables the opposite branches of presidency to run roughshod over priceless liberties. For larger or worse, just a full of life judiciary can implement the bounds on govt and legislative motion, shield constitution-al rights, and tame unelected bureaucrats. David's Hammer reclaims for the judiciary its meant position because the final guard of a unfastened society.

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Extra resources for David's Hammer: The Case for an Activist Judiciary

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33 As expressed by Rep. S. ’’ For those who value freedom, we owe a tremendous debt to the Framers of the original Constitution and the Fourteenth Amendment for providing for judicial review of actions by the national and local governments. That is not to say that we agree with all judicial opinions or that the judiciary has always lived up to its end of the bargain (indeed, emphatically it has not, as I discuss later in this book). ’’35 But by and large, where courts have struck down as unconstitutional actions of the executive and legislative branches, they have protected freedom when the other branches of government have failed to do so.

Supreme Court, in the landmark 1803 decision in Marbury v. Madison, asserted its power to invalidate acts of the executive or legislative branches contrary to the Constitution, it was not an innovation or aggrandizement of judicial power. Echoing the words of ‘‘The Federalist No. ’’ He went on to explain the implications of those divergent principles. ’’28 In the process of establishing the power of the judiciary to review the constitutionality of the acts of the other two branches, Marshall 40 A : 94444$$CH3 01-24-07 10:53:31 Layout: 93774 : Even Page 40 The Origins and Importance of Judicial Review articulated a principle of constitutional interpretation that is a central facet of the judiciary’s intended role.

To paraphrase Winston Churchill, the Framers’ system of judicial review is the worst possible system, except for all the others. Nor in any case can we truly be said to live in a democracy reflective of genuine majority will. Voter participation, even in national elections, is miserably low; at the level of city councils and school boards, it is even lower. Most citizens do not know the names of their representatives in Congress, much less their state legislators, county commissioners, city council members, or school board members—even though the further down one goes on the governmental food chain, the greater the effect the officials exert over our lives.

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