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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.
Essays
This Isn’t Your Founding Fathers’ Judicial System
Today's judiciary is philosophically far removed from its individualist, classical liberal foundations.
Essays
Judicial Activism and Civil Rights
Sandhya Bathija argues that libertarian judicial philosophy opposed many important civil rights gains, and would do so again if we returned to it.
Essays
Have Faith in the People
David R. Upham argues that the people can indeed be trusted to guard their own liberties. For the most part.
Essays
Rational Basis Scrutiny Is Just a Stupid Rock
Timothy Sandefur doubts the usefulness of rational basis judicial review.
Essays
Democracy, Liberty, and a Legitimate Court
Sandhya Bathija argues that the Constitution can and does evolve - democratically, and toward liberty.