A brilliant essay from George Will on judicial restraint of the other branches of government


I particularly enjoyed this quote:

“…the Constitution — “the law that governs those who govern us” — is libertarian. And a Lockean president would nominate justices who would capaciously define and vigorously defend, against abuses by majoritarian government, what the 14th Amendment calls Americans’ “privileges or immunities.”

Today, Democrats’ intraparty arguments are dull as ditchwater because they concern nothing fundamental, only how rapidly and broadly to expand Hobbesian government’s redistributive and regulatory reach. Republican presidential aspirants must be forced to join their party’s intramural arguments about the judiciary’s proper function. Then we can distinguish the Lockean constitutionalists from the merely rhetorical conservatives whose reflexive praise of “judicial restraint” serves the progressives’ Hobbesian project of building an ever-larger Leviathan.”

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