Document Type

Article

Publication Title

University of Pennsylvania Journal of Constitutional Law

Abstract

It is my great pleasure to have been invited by the Templeton Foundation to give this lecture dedicated to the articulation of the sound principles of constitutional law. Understanding the role of constitutional theory has become one of the most contentious problems of our times, as partisans on both sides of the political aisle seek to gain the rhetorical advantage in short-term political disputes by hurling epithets-which often relate to the question of judicial restraint- against the judicial nominees and judicial philosophy of the other side. I have no personal or political stake in the outcome of these disputes. But I do think that the level of confusion that they have engendered makes this an opportune occasion to step back from the hustle and bustle of short-term conflict to take the longer view of constitutional governance. Once we do that, it should become clear that the charges of judicial activism that are bandied about with such frequency are often without firm philosophical justification. I hope, in the course of this brief lecture, to indicate how a sound approach to the problem of constitutional governance plays out, which I then will apply briefly to some of the contentious disputes on the current litigation scene. My goal is to offend people on all sides of the political spectrum.

First Page

657

Volume

6

Publication Date

2004

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