(Just a short prelude to 2013 and farewell to what came
before.)
I confess that the first column I ever wrote, twenty-five
years ago, was called "Bork to the Future."
It was not so much a defense of the specific policy views of
the now-deceased Judge Robert Bork (he was basically a majoritarian and I'm an
individualist, long story short) but a reaction to the hysteria over his
nomination to the Supreme Court.
He wanted judges to defer to the original intent of the
Constitution -- no longer nearly as controversial an idea -- and that humble
notion probably looms much larger in the minds of the public generally and
libertarians specifically than it did back in 1987 (and so a page is turned in
the long-count calendar of political philosophy).
In fact, that notion will be a big influence on my blog and
(if all goes as planned) at the DIONYSIUM in January, when I blog of Bastiat's The Law, Judge Napolitano's Theodore and Woodrow, and David
Friedman's work in progress Legal Systems
Very Different from Ours -- and as we debate judicial activism's pros and
cons at Muchmore's on January 14.
This, surely, will be an occasion to do the mature thing and
learn rather than having a simple
yes/no fight. (But we'll see how it goes.)
1 comment:
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