Download Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance AudioBook Free
American constitutional regulation has been through a change. Issues once remaining to the folks have increasingly become the province of the courts. Themes as diverse as abortion protection under the law and firearms restrictions, health care reform and counterterrorism attempts, not to mention a millennial presidential election, are more and more the domains of judges. What sparked this development? In this particular engaging volume level, Judge J. Harvie Wilkinson argues that America's most brilliant legal intellects have launched a set of cosmic constitutional ideas that, for almost all their value, are undermining self-governance. Thinkers as diverse as Justices William Brennan and Antonin Scalia, Professor John Hart Ely, Judges Robert Bork and Richard Posner, have all produced seminal interpretations of the Founding doc, but ones that promise to imbue courts with unprecedented power. While crediting the theorists for the gleaming quality of the thoughts, Judge Wilkinson argues they'll slowly rot the role of representative institutions in the us and leave our children bereft of democratic liberty. The loser in every the theoretical fireworks is the old and honorable custom of judicial restraint. The judicial modesty once used by Learned Hands, John Harlan, and Oliver Wendell Holmes has given way to rivalling schools of liberal and conservative activism seeking sanctuary in Living Constitutionalism, Originalism, Process Theory, or the supposedly anti-theoretical creed of Pragmatism. Each one of these seemingly disparate ideas promises their enthusiasts an intellectually reputable route to congenial political results from the bench. Judge Wilkinson demands a plainer, simpler, self-disciplined dedication to judicial restraint and democratic governance, a course that alas may be impossible as long as the cosmic constitutionalists so dominate modern-day legal thought.
