This is worth reading in full; here are two interesting excerpts from “Jeff Sessions’s Constitution“, Scott Horton, blog of Harper’s, 14 May 2010:
“With the Citizens United decision, America stands alone in the world as a country which grants human rights to corporations, just as it is curtailing human rights to humans. It’s a curious sign of the times.”
“But another thing strikes me about Jeff Session’s Constitution. His views would be absolutely correct under the Confederate Constitution, adopted in 1861. That constitution is largely a word-for-word reiteration of the U.S. Constitution as then in force, with three significant deviations. It denied Congress the power to legislate “for the general welfare,” it stressed the property rights of its citizens, particularly property rights in slaves, and it forbade spending money on improvement of interstate commerce with a narrow exception for navigation of public waters. It moved the Second Amendment into the body of the Constitution, together with the rest of the Bill of Rights.”
I suggest ignoring his odd definition of “activist judges”. The court game consists of each side (liberal and conservative, meaningless labels) declaring the other’s judicial philosophy to be illegitimate, while using the courts to implement legislative programs that the voters will not approve.
