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Essays
It’s Time to Ditch “Judicial Restraint”
Timothy Sandefur argues that judicial restraint enables the growth of government at the expense of individual liberties.
Essays
Activism and Restraint
Kermit Roosevelt III discusses judicial activism and restraint. He finds neither is always appropriate.
Essays
Why Judicial Restraint Best Protects Our Rights
Sandhya Bathija argues that restrained courts have done best to protect rights from the interests of the wealthy and powerful.
Essays
Let’s Keep (Some) Judicial Restraint
David R. Upham argues the Founders intended a significant democratic element to our Constitution; fidelity to it requires some judicial restraint.
Essays
Professor Roosevelt Blurs the Categories
Timothy Sandefur replies to Kermit Roosevelt III on judicial deference and the roles of the elected branches in protecting the Constitution.
Essays
The “Dogma of Deference” Misstates the Issue
Kermit Roosevelt III responds to Sandefur's charge that modern courts are too deferent to the legislature.
Essays
The Dogma and the Class System
Powerful private interests can easily manipulate legislatures. That's exactly why courts need to watch over them so closely.