Judicial Activism Reconsidered

Judicial Activism Reconsidered pdf

Author:

Thomas Sowell

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Language:

English

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Social sciences

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41

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law

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372887 MB

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Thomas Sowell is an American author, economist, political commentator, social theorist, and senior fellow at the Hoover Institution.
Sowell was born in Gastonia, North Carolina, to a poor family. After his family migrated to the North, he grew up in Harlem, New York.Beleaguered by financial difficulties and deteriorated home conditions, he dropped out of Stuyvesant High School and served in the Marine Corps during the Korean War. Upon returning to the United States, Sowell took night classes at Howard University before attending Harvard University, graduating magna cum laude in 1958.He earned his master's degree in economics from Columbia University the next year and received a doctorate in economics from the University of Chicago in 1968. During his academic career, he served on the faculties of several universities including Cornell University, Amherst College, the University of California, Los Angeles, and, currently, Stanford University. He has also worked at think tanks such as the Urban Institute. Since 1977, he has worked at the Hoover Institution at Stanford University, where he is the Rose and Milton Friedman Senior Fellow on Public Policy.
Sowell is generally described as a conservative, especially on social issues;a libertarian, especially on economics ,or libertarian-conservative.He has said he may be best labeled as a libertarian, though he disagrees with libertarians on some issues including national defense. Sowell was an important figure to the new conservative movement during the Reagan Era, influencing fellow economist Walter E. Williams and U.S. Supreme Court Justice Clarence Thomas. Sowell was offered a presidential position in the Nixon Administration and as Federal Trade Commissioner by the Ford Administration in 1976, but declined both offers. Similarly, he was offered to head the U.S. Department of Education as Secretary of Education under Ronald Reagan, but refused to take the position. He was a recipient of the National Humanities Medal from President George W. Bush in 2002. Sowell is the author of more than 45 books and has been a syndicated columnist in more than 150 newspapers.

 

Book Description

Judicial Activism Reconsidered pdf by Thomas Sowell

Like many catchwords, "judicial activism" has acquired so many different meanings as to obscure more than it reveals. Yet it is not a term that can simply be ignored as intellectually "void for vagueness," for at the heart of it are concerns about the very meaning and survival of law. Abandonment of the term not being a viable option, clarification becomes imperative.

"Judicial activism" and "judicial restraint" raise logically obvious but often ignored questions: Activism toward what?  Restraint toward what?  Are judges deemed to be activist or restrained toward (1) the current popular majority, (2) the legislature representing the current popular majority, (3) the statutes passed by present or past legislatures, (4) the acts of current of past executive or administrative agencies, (5) the meaning of the words in the Constitution, (6) the principles or purposes of those who wrote the Constitution, or (7) the legal precedents established by previous judicial interpretations of the Constitution?

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