Revisiting judicial review

Since the 1950s, liberal judges have written their policy preferences into several areas of the law, strik- ing down a large body of legislation relating to school prayer, pornography, contra- ception, abortion, and homo- sexuality. Hamilton recognized noncompliance as a potential problem, but did n...

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Bibliographic Details
Published in:The American Spectator 2009, Vol.42 (8), p.76
Main Author: Tubbs, David L
Format: Review
Language:English
Subjects:
American history
Equal rights
Judicial reviews
Law
Legislation
Politics
Online Access:Get full text
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Summary:Since the 1950s, liberal judges have written their policy preferences into several areas of the law, strik- ing down a large body of legislation relating to school prayer, pornography, contra- ception, abortion, and homo- sexuality. Hamilton recognized noncompliance as a potential problem, but did not propose any remedy for it, perhaps because he could not conceive of one. Since Burns sees judicial review as incompatible with the Framers' commitment to republican government, he must explain how it took root.
ISSN:0148-8414
2831-6703