George Will has an interesting column in Thursdayâ€™s Washington Post about how conservatives shouldnâ€™t be quite so quick to condemn judicial activism and celebrate majority rule. Will writes: “The conservativesâ€™ party, the Republican Party, was born in reaction against repeal of the Missouri Compromise â€” against, that is, the right, established by Congress in 1854, of Kansans to own slaves if a Kansas majority approved of that. . . . Lincolnâ€™s greatness was inseparable from his belief that there are some things that majorities should not be permitted to do â€” things that violate natural rights, the protection of which is the Constitutionâ€™s principal purpose.”
Of course, what many of the conservatives and liberals who complain about the judiciary really want are judges who are activists for their causes.
Posted by Phillip Brownlee
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