Against Arbitrary Government And The Amoral Constitution

The most important debate in constitutional law today is within the conservative-libertarian movement over the proper role of courts in mediating personal freedom and government power. At one end of the spectrum are those who support robust judicial review and the protection of rights not specifically enumerated in the text of the Constitution; at the other are those who favor judicial restraint and deference to majoritarian politics. This tension parallels an even more fundamental debate about the relationship of the individual and the state. Simply put, does the state exist to serve the interests of individuals or do individuals exist to serve the interests of the state?…