{"id":4265,"date":"2018-09-04T13:05:24","date_gmt":"2018-09-04T13:05:24","guid":{"rendered":"https:\/\/maverickphilosopher.blog\/index.php\/2018\/09\/04\/robert-borks-originalism\/"},"modified":"2018-09-04T13:05:24","modified_gmt":"2018-09-04T13:05:24","slug":"robert-borks-originalism","status":"publish","type":"post","link":"https:\/\/maverickphilosopher.blog\/index.php\/2018\/09\/04\/robert-borks-originalism\/","title":{"rendered":"Robert Bork’s Originalism"},"content":{"rendered":"

Here<\/a> you will gain some insight into the context of the Kavanaugh nomination fight. Excerpts:<\/span><\/p>\n

\n

In Bork\u2019s view, the Constitution derives its moral authority, as law, from the fact that the states ratified it. Accordingly, its text should be interpreted as it was understood at the time of its adoption. Judges have no warrant to expand upon the constitutional text\u2014or to invent new rights\u2014just because they favor the result in a particular case. Judicial power, unless constrained by the Constitution\u2019s original meaning, will become excessive, usurping power properly reserved to the elected branches, or the people. When judges exceed their proper role, by recognizing \u201cliberties\u201d not credibly drawn from the constitutional text or history, they diminish citizens\u2019 most important freedom: the right to govern themselves in a representative democracy.<\/span><\/p>\n

[. . .]<\/span><\/p>\n

Fidelity to the law\u2014judicial restraint\u2014is controversial only if one believes that courts should be playing a policymaking role. If the Supreme Court is free to reach decisions based on nothing more than the individual justices\u2019 predilections, the potential beneficiaries of Supreme Court lawmaking will be highly motivated to support or oppose nominees solely based on their political views, rather than their integrity, competence, or commitment to the rule of law. And it is far easier for liberal-interest groups to influence the composition of a nine-member court than it is to control the Congress, the presidency, and the democratically elected governments of the 50 states.<\/span><\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Here you will gain some insight into the context of the Kavanaugh nomination fight. Excerpts: In Bork\u2019s view, the Constitution derives its moral authority, as law, from the fact that the states ratified it. Accordingly, its text should be interpreted as it was understood at the time of its adoption. Judges have no warrant to … Continue reading “Robert Bork’s Originalism”<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[],"class_list":["post-4265","post","type-post","status-publish","format-standard","hentry","category-u-s-constitution"],"_links":{"self":[{"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/posts\/4265","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/comments?post=4265"}],"version-history":[{"count":0,"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/posts\/4265\/revisions"}],"wp:attachment":[{"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/media?parent=4265"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/categories?post=4265"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/maverickphilosopher.blog\/index.php\/wp-json\/wp\/v2\/tags?post=4265"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}