Principled Judicial Restraint: A Case Against Activism

1. Front Matter

   Pages i-viii

   PDF

2. Where We Are Now

   • Jerold Waltman

   Pages 1-19

3. How We Got Here, Part 1: From the Old Activism to the Warren Court

   • Jerold Waltman

   Pages 20-38

4. How We Got Here, Part 2: The Rise of Conservative Judicial Activism

   • Jerold Waltman

   Pages 39-56

5. A Constitutional Theory of Judicial Restraint

   • Jerold Waltman

   Pages 57-82

6. Objections

   • Jerold Waltman

   Pages 83-99

7. Conclusion

   • Jerold Waltman

   Pages 100-105

8. Back Matter

   Pages 106-117

   PDF

Like many books, this one argues for a more restrained Supreme Court. Unlike most other books, however, this one grounds that call in a fully elaborated constitutional theory that goes beyond the "counter-majoritarian difficulty."

• Judicial restraint
• Judicial activism
• Constitutional theory
• Positive constitutionalism
• Libertarianism
• Supreme Court
• Judicial politics
• constitution
• politics

Jerold Waltman is the R.W. Morrison Professor of Political Science at Baylor University, where he teaches constitutional law. He is the author of eight previous books, the most recent of which is Congress, the Supreme Court, and Religious Liberty: The Case of City of Boerne v. Flores (2013).

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