The Corner

Running to Court

Yesterday, I criticized Giuliani for (what I characterized as) his “habit of asking the courts to overturn democratically enacted laws with which he disagrees.” A reader writes in:

Surely you can’t mean what this literally says–that it’s intrinsically wrong to challenge any democratically enacted law as unconstitutional.

Obviously, liberals and conservatives differ on what the Constitution requires, but I didn’t think they differed on the basic point that a law which is unconstitutional should not remain the law of the land simply because the legislature passed it.

I don’t think it’s intrinsically wrong to ask a court to strike down a law as unconstitutional–although I do think it’s important to distinguish between laws we have good reason to think are unconstitutional and laws we simply dislike. But I think it should be done sparingly, and not be a habit.

Ramesh Ponnuru — Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg View, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

Most Popular

Politics & Policy

The Origins of Progressive Agony

What has transformed the Democratic party into an anguished progressive movement that incorporates the tactics of the street, embraces maenadism, reverts to Sixties carnival barking, and is radicalized by a new young socialist movement? Even party chairman Tom Perez concedes that there are “no moderate ... Read More

How Will the Senate Races Break?

How will the Senate races break? We have less public polling to go on than in recent years, so answering that question is harder than ever. But the news is more optimistic for Republicans than it was a month ago.   Waves and Breakers Four years ago, I projected in mid September that if “historical ... Read More
PC Culture

Warren Is a Fraud

Senator Elizabeth Warren (D., Mass.) has been telling a story for years. It’s a deeply romantic story about her parents and their young love, fraught with the familial bigotry of an earlier time. Here’s how she told it this week in a video she released in preparation for her 2020 run: My daddy always said he ... Read More

Two Minnesota Republican Candidates Assaulted

Two Republican candidates for state office in Minnesota have been physically assaulted in recent days, leading prominent Republican lawmakers to caution their Democratic colleagues against employing inflammatory rhetoric. Republican state representative Sarah Anderson was punched in the arm last week after ... Read More
Law & the Courts

A Christian Man Receives Justice

A good man’s legal ordeal is at an end. Yesterday, my friends and former colleagues at the Alliance Defending Freedom announced that former Atlanta fire chief Kelvin Cochran had reached a $1.2 million settlement, ending a case he brought after the city fired him for writing -- and distributing to a select few ... Read More