Clint Bolick, co-founder of the Institute for Justice and President of the Alliance for School Choice makes the case for judicial activism. He and Russ Roberts discuss school choice, interstate wine sales, the Kelo eminent domain case and the crucial role the Supreme Court and the Constitution can and should play in securing economic liberty.
Role of judiciary outlined by Constitional founders, Alexander Hamilton, Federalist #78
Are courts more activist? Recent (post-Rehnquist) growth of judicial activism. "The number of laws struck down pales in comparison to the increase in the number of laws and regulations that have been enacted."
Romance of democracy: does democracy stamp out minorities, particularly via factions at local levels? James Madison
Marbury v. Madison, 1803, court first strikes down an executive legislative act
Commerce clause of Constitution, wine shipping across state borders, underage shipments of wine, NY State
Kelo, eminent domain, can local governments seize private property to give it to commercial developers in the public interest? Also: Hawaii, 1984, O'Connor, Robin Hood
Economic liberty, immigrants' right to earn a living, New Deal, 14th Amendment, shoe shine stands shut down, hair braiders, cosmetology, caskets, taxis, zoning laws in Oregon