Judge Bork has an excellent essay on the judicial usurpation of politics in the June issue of The American Spectator. Referring to how activist judges have enshrined in constitutional law their particular policy preferences, he argues that “the aristocracy that the anti-Federalists feared has been created and empowered in large part by the very Bill of Rights they demanded as a bulwark against aristocracy.” The article is available on the Federalist Society’s website , along with an online forum about the article, featuring Roger Pilon, Steven Calabresi, Barry Friedman, and Jeremy Rabkin.
Incidentally, Judge Bork’s article also includes a long quotation from FT contributor Maureen Mullarkey. It’s pretty good when, if you’re writing about art as Maureen does, Robert Bork quotes your throw-away lines on constitutional law. Maureen’s piece from which Judge Bork is quoting is in the Weekly Standard .
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