Constitution & Judicial Interpretation: A Response to George Will

‘For several generations, the most intense, complex and consequential arguments among conservatives have concerned how to construe the Constitution — the various flavors of textualism and originalism — and the role of courts in society,” George Will recently wrote.

Over the course of his career, Will has switched sides in those arguments. His previous concern that federal judges will wrongly overrule other branches of the federal government, and intrude on the domains of state governments, has faded, while his worry that judges will leave too many governmental infringements of liberty in place has grown.

About the Author

Ramesh Ponnuru

Ramesh Ponnuru is the editor of National Review, a columnist for the Washington Post, and a fellow at the American Enterprise Institute.

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‘For several generations, the most intense, complex and consequential arguments among conservatives have concerned how to construe the Constitution — the various flavors of textualism and originalism — and the role of courts in society,” George Will recently wrote.

Over the course of his career, Will has switched sides in those arguments. His previous concern that federal judges will wrongly overrule other branches of the federal government, and intrude on the domains of state governments, has faded, while his worry that judges will leave too many governmental infringements of liberty in place has grown.