litigation and politics

Justin Schwartz jkschw at hotmail.com
Wed Jan 16 14:51:33 PST 2002



>Back then liberals and leftists were usually strongly opposed
>to judicial activism.

And still should be, on general democratic grounds.

The Socialist Party under Eugene Debs
>for instance called for stripping the Supreme Court of the
>power to declare legislation to be unconsitutional, on
>the grounds that this was undemocratic, as I recall.

Of course it would take a constitutional amendment to do that. . . . But in addition, declaring statutes unconstitutional is only a very small part of the business of the courts, even the Supreme Court. Most of the damage is done in statutory interpretation, at the subconstitutional level.

jks

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