What is more in accord with the rule of law: four justices usurping the power of a co-equal branch of government, or a legislature doing exactly what the state constitution allows?
When a president or legislature is faced with following either a court ruling they know has no constitutional basis or the actual Constitution, they should heed Hamilton’s advice.
Judges—who typically lack military service and work in courtrooms far removed from its realities—are ill-positioned and ill-qualified to evaluate judgment calls by military leaders.
A federal judge in Hawaii relied on his feelings and flawed interpretation of Trump’s campaign rhetoric to block his latest travel ban.
If widely embraced, judicial engagement would give constitutional conservatives something to get genuinely excited about.
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