Objecting to Judicial Restraint: Against the Presumption of Constitutionality

Should Americans have to justify their freedom to the government, or should the government have to justify its restrictions on freedom to Americans? That question lies at the core of an ongoing debate amongst supporters of limited government about role of the courts in enforcing the Constitution. Over the past week, scholars Randy Barnett, Ed Whelan, and Roger Pilon have taken part in a vigorous but fruitful exchange--an exchange prompted by a column by George Will. In that column, Will,...

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