It's not constitutionalism, it's judicial activism

Article Abstract:

Activist judges have use constitutional authority to override the will of the majority but have failed to respect the authority of the text of the Constitution. The decisions of judicial activists, such as Justice Brennan, actually have little to do with constitutionalism because the decisions are policy choices made by the cultural elite that have no textual basis. The conservative approach would, alternatively, practice adherence to the Constitution and respect the limits that it places on judicial power.

United States, Interpretation and construction, Democracy, Constitutional law, Constitutional interpretation, Judicial activism

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From federal union to national monolith: mileposts in the demise of American federalism

Article Abstract:

A series of events have lead to the centralization of power in the federal government, as the Anti-Federalists predicted. Moving backwards from the present, significant events include Brown v Board of Education in 1954, the New Deal, adoption of the Sixteenth and Seventeenth Amendments in 1913, the Fourteenth Amendment following the Civil War and McCulloch v Maryland in 1819. However, the demise of federalism may have been inevitable from the time the Constitution was adopted.

Federalism, History, Constitutional history

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Similar abstracts:

• Abstracts: How should courts interpret the Bill of Rights? Originalism and the Bill of Rights. Interpreting the Bill of Rights: a dichotomy of jurisprudential approaches

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