Timothy Sandefur offers concrete policy changes that he believes would fix the Indian Child Welfare Act.
How active should the judiciary be? And on what grounds?
Evan Bernick argues that the Supreme Court should actively protect individual rights and constitutional structure.
David A. Strauss argues that "judicial engagement" is little more than a buzzword.
Barry P. McDonald explains why the U.S. judicial system properly defers to legislators in many types of cases.
Edward Whelan argues that the real question concerns constitutional originalism, not activism or restraint.