Barry P. McDonald takes issue with Evan Bernick's philosophy of judicial engagement.
Edward Whelan replies to Evan Bernick on judicial engagement.
Evan Bernick answers Ed Whelan: Judicial engagement is both substantive and necessary.
Evan Bernick replies to Barry McDonald: Judicial engagement is required by the Constitution itself, which embodies the will of the people.
Evan Bernick replies to David A. Strauss, arguing that judicial engagement is a genuine obligation of judges, and not a mere smokescreen for politics.
Edward Whelan argues that the real question concerns constitutional originalism, not activism or restraint.
Barry P. McDonald explains why the U.S. judicial system properly defers to legislators in many types of cases.
David A. Strauss argues that "judicial engagement" is little more than a buzzword.
Evan Bernick argues that the Supreme Court should actively protect individual rights and constitutional structure.
How active should the judiciary be? And on what grounds?