David's Hammer: The Case for an Activist Judiciary

by Clint Bolick

Judicial activism is condemned by both right and left, for good reason―lawless courts are a threat to republican government. But challenging conventional wisdom, constitutional litigator Clint Bolick argues in David's The Case for an Activist Judiciary that far worse is a judiciary that allows the other branches of government to run roughshod over precious liberties. For better or worse, only a vigorous judiciary can enforce the limits on executive and legislative action, protect constitution-al rights, and tame unelected bureaucrats. David's Hammer reclaims for the judiciary its intended role as the ultimate safeguard of a free society.

Genres: Nonfiction

165 pages, Paperback

First published March 21, 2007

Reviews

[Liberté · Rating 4 out of 5]

From the start, Clint Bolick makes a compelling case for judicial activism. For those unfamiliar with the context and history of judicial activism by the Supreme Court in the United States, he spends the first few chapters detailing key cases which have shaped both the legal climate and the economic freedom that exists in the U.S. today. Weighing the positives and negatives of judicial activism, Bolick makes the point that while conservatives fear liberal judicial activism, and liberals fear conservative judicial activism, that is not a justification to fear judicial activism itself. Rather, Bolick argues judicial activism is necessary and vital to a free society because when courts, from the lowest to the highest levels, do not engage in judicial activism in striking down bad laws, they allow for the erosion of individual liberty. After illustrating this general point, Bolick then highlights issues pursued by his public interest law firm, the Institute for Justice, and other cases which feature positive judicial activism or the lack thereof. From economic liberty to eminent domain to school choice, Bolick increases the reader's familiarity with the subject while also driving home the importance of judicial activism. Bolick also pays special regard to Supreme Court Justice Clarence Thomas, whom he singles out as a prime defender of the Constitution, though the book analyzes the regard all the justices do or do not pay to the original intent of the document. A compelling and factual book, it is a must-read for anyone interested in taking back the fight back from big government.

[Craig Bolton · Rating 4 out of 5]

David's Hammer: The Case for an Activist Judiciary by Clint Bolick (2007)