Judges appointed by both Republican and Democratic presidents largely operate within what academics call the "New Deal settlement." By this it is meant that the courts allow Congress to exercise unchecked power over the national economy and everything that may affect it, limited only by the express guarantees of the Bill of Rights. In this arena, with some exceptions, the post-New Deal judiciary disagrees only on whether other unenumerated rights may also receive protection and, if so, which ones. But whatever few additional "fundamental" rights may be recognized, they do not include the protection of any so-called "economic liberty" that might inhibit the national regime of economic regulation.
19 March 2012
Randy E. Barnett Acknowledges His Jurisprudence Is Reality Challenged
Barnett is a right wing fantasy constitution advocate at Georgetown University. But, he knows that his castles in the clouds have little to do with the actual law and amount merely to political advocacy. As he notes in an abstract to a new article: