Posted by Orin Kerr:
"The Right Has the Wrong Legal Theory":
Harvard lawprof [1]Bill Stuntz makes the case that conservatives
should embrace judicial minimalism instead of formalism and
originalism :
Most constitutional law deals with questions that other
institutions could answer as well as or better than the courts.
Where that is so -- where there is room for reasonable doubts and
disagreements, as is usually the case -- courts should leave issues
in other hands.
Thanks to [2]Instapundit for the link.
References
1. http://techcentralstation.com/011105A.html
2. http://instapundit.com/archives/020385.php
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