Magazine March 23, 2009, Issue

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The transformation of the judiciary into an activist legislator of social change has been one of the most remarked-upon — and, among conservatives, decried — political developments of the past century. In Living Constitution, Dying Faith: Progressivism and the New Science of Jurisprudence (ISI, 241 pp., $25), political philosopher Bradley C. S. Watson does an impressive job of analyzing how, exactly, this happened. The judges of today play a dramatically different role than was envisioned for them in the Constitution, largely because they no longer consider themselves primarily as backward-looking servants of timeless truths embodied in that document. Instead, notes

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Rocky Ride

The Republicans’ fall from power in Colorado — and how the Democrats hope to replicate it.

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The Week

President Obama announced his plan to withdraw from Iraq. It’s noticeably more reasonable than his rhetoric from the campaign.

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