David's Hammer: The Case for an Activist Judiciary - Softcover

Bolick, Clint

Softcover

ISBN 10: 1933995025 ISBN 13: 9781933995021

Publisher: Cato Institute, 2007

Synopsis

Judicial activism is condemned by both right and left, for good reason―lawless courts are a threat to republican government. But challenging conventional wisdom, constitutional litigator Clint Bolick argues in David's Hammer: The Case for an Activist Judiciary that far worse is a judiciary that allows the other branches of government to run roughshod over precious liberties. For better or worse, only a vigorous judiciary can enforce the limits on executive and legislative action, protect constitution-al rights, and tame unelected bureaucrats. David's Hammer reclaims for the judiciary its intended role as the ultimate safeguard of a free society.

About this title

From the Back Cover:

What Others Have Said

"Clint Bolick dares to suggest what conventional wisdom deems unthinkable: that the American judiciary is not too activist; it is not activist enough. Transcending ideological boundaries, Bolick makes a compelling case that anyone who cares about civil liberties must stand up for legal recourse when the government violates our rights." --Professor Nadine Strossen President, American Civil Liberties Union

"Clint Bolick is one of America 's greatest champions of freedom. In this accessible and timely book, he challenges the political left and right to set aside time-worn and ill-defined complaints of "judicial activism." His writing is a call to principled reciprocity: those who readily embrace speech and associational rights ought not begrudge like recognition of property rights or our innate desire to pursue a lawful occupation. At a time when Supreme Court Justices are mounting national platforms to defend judicial independence, Bolick reminds those privileged to serve in the third branch that judges are given independence for a reason--and it is neither unthinking deference to legislative majority nor the imposition of personal will." --Douglas W. Kmiec Caruso Chair & Professor of Constitutional Law, Pepperdine University Former Head of the Office of Legal Counsel to Presidents Reagan and George H. W. Bush

"David's Hammer strikes a forceful blow for principled judicial activism. While many public choice theorists attempt to show the folly of unrestrained majority rule, Clint Bolick demonstrates that the founders fully intended to constrain democratic forces with a principled judiciary empowered to protect individual Americans and their liberties against encroachment by overreaching majorities. Bolick once again challenges all Americans, both conservatives and liberals, to return to fundamental truths articulated by our Constitution." --Marcus Cole Professor of Law, Stanford University

About the Author:

CLINT BOLICK is director of the Goldwater Center for Constitutional Litigation in Phoenix and is associated of-counsel with Rose Law Group in Scottsdale , Arizona . He pre- viously served as president and general counsel at the Alliance for School Choice and was co-founder and litigation director of the Institute for Justice.

He is the author of Voucher Wars: Waging the Legal Battle Over School Choice (Cato Institute, 2003) and recently published his first novel, Nicki's Girl (2007). Bolick also serves as a research fellow with the Hoover Institution.

About this edition

• Publisher: Cato Institute
• Publication date: 2007
• ISBN 10: 1933995025
• ISBN 13: 9781933995021
• Binding: Paperback
• Number of pages: 165