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Claremont-trained political philosophers represent some of the strongest voices in conservative intellectual circles, but many of them share a flawed view of the Constitution, expressed vigorously—and sometimes splenetically—by the late Harry V. Jaffa. Edward Erler’s recent essay, “Don’t Read the Constitution the Way Robert Bork Did,” channels both Jaffa’s truculent spirit and the doctrinaire position of West Coast Straussians, complete with familiar—albeit irrelevant–references to Abraham Lincoln and the Declaration of Independence. Unfortunately, Erler’s essay illustrates why the Left’s conception of constitutional law is ascendant while conservatives continue to dither: Unlike progressives, discordant conservatives have been largely ineffective in articulating—let alone advancing—a coherent vision of constitutional law.
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“Recognizing” phony constitutional rights is simply a power grab by progressive judges
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As someone who writes frequently on the topic of judicial activism, I am often asked, “What is the solution?” This is a vital question. Put another way—as I did in a previous essay at American Greatness—“Can Activist Judges Be Controlled?”
The short answer is: With great difficulty, yes. But if it’s a quick and easy answer you want, forget it. The current crisis took decades to develop. It won’t be resolved with a sweeping gesture.
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The Texas Supreme Court’s 2015 decision in Patel v. Texas Department of Licensing and Regulation, striking down a state law requiring at least 750 hours of training in order to perform commercial “eyebrow threading”—a form of hair removal mainly performed in South Asian and Middle Eastern communities—has generated substantial notoriety for the court and for the Institute for Justice, which brought the lawsuit challenging the law.
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No one will argue that texting while driving can be a major source of driver distraction, leading to an increasing number of accidents every year.
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Recent patent infringement/false marking suits filed in the Eastern District of Texas, Sept. 28-Oct. 4, 2010.
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Recent patent infringement cases filed in the Eastern District of Texas, Jan. 27-Feb. 2, 2010.
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In previous installments of this series, we've examined how technology in the form of electronic communications by jurors has entered the jury box.
