Russ Roberts

Clint Bolick Defends Judicial Activism

EconTalk Episode with Clint Bolick
Hosted by Russ Roberts
The Economics of Moneyball... Richard Thaler on Libertarian ...

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.

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Readings and Links related to this podcast

Podcast Readings
  • Clint Bolick bio
  • The Institute for Justice, libertarian public interest law firm Clint founded with Chip Mellor.
  • Madison v. Marbury background
  • The Federalist
  • Books by Clint Bolick at
  • Highlights

    Podcast Highlights
    1:17Definition of judicial activism
    4:13Role of judiciary outlined by Constitional founders, Alexander Hamilton, Federalist #78
    5:36Are 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."
    7:01Romance of democracy: does democracy stamp out minorities, particularly via factions at local levels? James Madison
    8:08Marbury v. Madison, 1803, court first strikes down an executive legislative act
    10:05Commerce clause of Constitution, wine shipping across state borders, underage shipments of wine, NY State
    17:32Kelo, 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
    25:40Economic 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
    37:49School choice, education, home schooling
    Mailbag (Time mark 51:33)

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