The Cosmic Mystery of Judicial Restraint: J. Harvie Wilkinson III's Cosmic Constitutional Theory: Why Americans are Losing Their Inalienable Right to Self-Governance
George Mason University School of Law
December 12, 2012
Engage: The Journal of the Federalist Society Practice Groups, Vol. 14, No. 2, pp. 100-104, July 2013
George Mason Law & Economics Research Paper No. 12-84
A distinguished federal appellate judge, J. Harvie Wilkinson III, has an exasperated message for constitutional theorists: A plague on all your houses! This short review demonstrates that Judge Wilkinson’s proposed alternative to all constitutional theories, which he calls “judicial restraint,” is actually a confused mélange of judicial activism and judicial abdication. The review concludes by suggesting a different form of judicial restraint, and one that is consistent with the constitutional theory of originalism.
Number of Pages in PDF File: 6
Keywords: Alden, Antonin Scalia, Blaisdell, commerce, constitutionalism, decency, equality, Earl Warren, evolving standards, framers, human dignity, John Hart Ely, justice, living, originalism, political process, pragmatism, Richard Posner, Robert Bork, society, textualist, Thayer, Thornton, William BrennanAccepted Paper Series
Date posted: December 12, 2012 ; Last revised: November 6, 2013
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