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Restoring the Lost Constitution: The Presumption of Liberty, by Randy E. Barnett (Princeton, 366 pp., $32.50)
PARTISAN debates about judges can mislead casual observers into thinking that the Right is of one mind about the judicial function. In fact, right-leaning legal thinkers have been engaging in several vigorous, sometimes fierce, internal debates. The most famous position is that of Robert Bork: He believes judges should be bound by the Constitution's original meaning, and allow laws to stand unless they violate its specific prohibitions. Some conservatives object to Borkean originalism because of its alleged moral relativism: Supposedly, the originalist ...