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Wednesday, June 9, 2010

How are libertarians different from conservatives?

Check this out to see just one of the many differences:

Libertarians typically favor an aggressive judiciary that is willing to overturn mistaken precedents and strike down unconstitutional state and federal statutes. The Georgetown law professor Randy Barnett, for instance, has argued that the courts should adopt a “presumption of liberty,” meaning that the government should be required “to justify its restriction on liberty, instead of requiring the citizen to establish that the liberty being exercised is somehow ‘fundamental.’ ”

That position is almost the exact opposite of the judicial restraint advocated by Meese and other conservatives. As Ramesh Ponnuru of National Review has put it, judicial restraint “is best understood as a finger on the scales, tipping judges in close cases against invalidating the actions of Congress or state or local governments.”

h/t to Jeff, 'cuz when Jeff says you need to read something, well, you probably oughtta.

pm

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