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… is from page 275 of Doug Bandow’s 1987 paper “The Conservative Judicial Agenda: A Critique,” which is chapter 11 in Economic Liberties and the Judiciary [2] (James A. Dorn & Henry G. Manne, eds., 1987) (footnote deleted):
Conservatives are correct in arguing that the courts have improperly usurped power; many judges are effectively rewriting the Constitution to replace the right to protect one’s property with the right to seize another’s property. But no analysis of judicial activism is complete without acknowledging that the Constitution requires a principled judicial activism in the sense of court intervention to uphold genuine guarantees of individual liberty.
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