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Essays
It’s Not Your Father’s Progressivism Either
Timothy Sandefur notes that modern progressivism has occasionally strayed from its puritanical, controlling roots. Thankfully.
Essays
Progressives’ Consistent Redefinition of Rights
David R. Upham provides a coherent - and troubling - explanation of progressive jurisprudence.
Essays
Democracy, Liberty, and a Legitimate Court
Sandhya Bathija argues that the Constitution can and does evolve - democratically, and toward liberty.
Essays
Rational Basis Scrutiny Is Just a Stupid Rock
Timothy Sandefur doubts the usefulness of rational basis judicial review.
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
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
This Isn’t Your Founding Fathers’ Judicial System
Today's judiciary is philosophically far removed from its individualist, classical liberal foundations.
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
The “Dogma of Deference” Misstates the Issue
Kermit Roosevelt III responds to Sandefur's charge that modern courts are too deferent to the legislature.