Chemerinsky largely ignores recent writing by liberals and conservatives who fret that when courts too freely overturn legislation, they stifle public deliberation, infantilize the people, and play a legislative role to which they are not suited. These writings have not won a judicial constituency, but they do express a general uneasiness with “living constitution”-style arguments that courts should constrain democratic decisionmaking on the basis of public values that change with the times.
Friday, January 7, 2011
One Side Now
Eric A. Posner at The New Republic's The Book weblog reviews The Conservative Assault on the Constitution, by Erwin Chemerinsky.