The Tempting of America

by: Robert Bork, read in 2008

70 Good description of judicial activism
73 Judge Milton Handler's summary of the Warren Court: "Eminent scholars from many fields have commented upon [the Warren Court's] tendency towards overgeneralization, the disrespect for precedent, even those of recent vintage, the needless obscurity of opinions, the discouraging lack of candor, the disdain for the fact finding of the lower courts, the tortured reading of statutes, and the seeming absence of neutrality and objectivity."
78 "Constitutional philosophy is a theory of what renders a judge's power to override democratic choice legitimate. It is no answer to say that we like the results, no matter how divorced from the intentions of the lawgivers, for that is to say that we prefer an authoritarian regime with which we agree to a democracy with which we do not."
256 "Only a shared teleological view of the good for man can lead to common ground about which premises of morality are sound."
340 Good description of the reason I stopped supporting various PIRGs: "The single-issue groups also include those who attack American business through extreme forms of environmentalism, feminism, product safety, health concerns, and the like. Each of these is recognized by Americans of all persuasions as a meritorious cause, but each can be pushed to extremes so great that it is difficult not to conclude that more than concern for the stated cause is at work. That "more" often seems to be an antibusiness or antibourgeois mind set."

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©2008 Paul R. Martin, All rights reserved.