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A Conservative View of the Court: Getting beyond 'activism' and 'restraint'.
Not so long ago, liberals could be counted on to agitate for a "living Constitution," and conservatives for "strict construction." But those fronts have been crumbling. In the fights over President Bush's judicial nominees, Democrats are now inveighing against "conservative judicial activism" -- as evidenced by the Rehnquist Court's perceived contempt for precedent and the democratic process.
To counter these charges, Republicans must begin by recognizing that judicial "activism" is a question of constitutional substance, not judicial style. A decision to force the judicial debate onto constitutional terrain -- where the GOP has not trod in decades -- will ...
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