The Constitution of Judicial Power


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Barber begins by reviewing the basic arguments of the New Right, with special attention to those of Robert Bork and Walter Berns. He then demonstrates that judicial activism, long scorned by the Court's bitterest critics, is part of a constitutional philosophy deeply rooted in "The Federalist Papers" - despite conservatives' frequent claims to know the framers' "original intent". Barber shows that New Right theorists such as Bork and establishment liberals such as Ronald Dworkin are moral relativists who cannot escape ...

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