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The Myth of the Imperial Judiciary.

Publication: Trial
Publication Date: 01-OCT-03 		Format: Online
Delivery: Immediate Online Access
Full Article Title: The Myth of the Imperial Judiciary.(Book Review)

Article Excerpt
The Myth of the Imperial Judiciary MARK KOZLOWSKI New York University Press www.nyupress.org 293 pp., $29. 95

Various factions have commandeered several political areas. Although one suspects that their positions are bolstered by sophist arguments and ingenious mathematics, the enormity and complexity of some fields require such dedications of time and study that one feels unqualified to weigh in on the issues. Take the federal budget. How can one intelligently comment on whether $3 million is too much in foreign aid to Pangania until he or she knows what percentage of the budget is devoted to foreign aid and how much each country receives?

Likewise, for years I have loathed arguments based on the purported "original intent" of the Constitutional framers, and the incantations of an unbridled, "proactive" judiciary making new laws and usurping the roles of the other government branches. Although I questioned these hypotheses, I did not have the time to read The Federalist Papers and historical tomes on the Constitution's genesis.

Fortunately, New York University Law...

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