Quotation of the Day…

by Don Boudreaux on October 1, 2011

in Hubris and humility, Law

… is from page 4 of Keith Whittington’s 1999 book Constitutional Interpretation:

Judicial restraint is an inadequate basis for justifying an originalist jurisprudence.  The incidence of judicial review is highly contingent on political circumstances.  An originalist Court may well find itself quite active in striking down legislation at odds with the clear requirements of the inherited text.  Originalism requires deference only to the Constitution and to the limits of human knowledge.  The Constitution makes substantive commitments to countermajoritarian principles.  If the Court is to enforce the requirements of the Constitution, it must be willing to act in a countermajoritarian fashion….  American constitutionalism cannot be adequately described through a reliance on majoritarianism and judicial deference to elected officials.

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