Why would the legislature want the executive to have more power? Why would they voluntarily cede some of their power?
The incentives politicians face reward the concentration and consolidation of power.
Judges’ duty is to interpret the law, discover the facts, and apply the Constitution — no exceptions.
We’re seeing the Constitution raise its craggy head and shake itself awake after having been essentially shoved in a corner to nap for the last few decades.
The Director of the Center for Judicial Engagement at the Institute for Justice, Clark Neily, and an editor at the Library of Law and Liberty, Mark Pulliam, recently debated the role of the judiciary in American constitutional democracy over at City Journal. At issue is which judicial philosophy conservative and/or libertarian-minded people should support. Pulliam […]
Is tyranny of the majority still a threat? Alexis de Tocqueville would say so.