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Bench Memos

NRO’s home for judicial news and analysis.

Ed Whelan at Public Discourse



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In its continuing daily symposium on the issues in the 2012 election, Public Discourse features our own Ed Whelan today, in an essay titled “Defend Our Laws: Justice Matters.”  No one is better than Ed at elucidating what’s at stake in judicial appointments and the president’s direction of the Department of Justice.  Here’s just a sample:

Although the Left consoles itself with the notion that its problem lies in its messaging rather than in the substance of its positions [on constitutional questions], the reality is that conservative discourse is succeeding on its merits. As large swaths of the American public (especially those not suffering from the detriment of a modern legal miseducation) understand, the Constitution, within broad bounds, creates a system of representative government in which most issues, large and small, are left to American citizens to work out through their legislators at the state and national levels. To be sure, the judiciary has an essential role in enforcing those rights, and limits on governmental power, that are in the Constitution. But the unconstrained role of the judiciary that the Left advocates cannot be reconciled with core American principles.

Read the whole thing, for a fine tutorial on the politics of law and justice.



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