[Pontiac]

Senator Paul also endorses co-blogger Randy Barnett’s idea of replacing the presumption of constitutionality with a presumption of unconstitutionality (what Barnett calls the presumption of liberty). According to Paul, he doesn’t like judicial legislation but he does want judges defending his freedom.

I like this idea.

The courts should review laws in this frame of mind.

The US Constitution places very precise limits on the powers of congress to enact laws. The courts in the past have stretched these powers far beyond the powers envisioned by the founders.

If we are going to have activist judges it would be nice to have activism in defense of liberty for a change.

[SoConPubbie]

If we are going to have activist judges it would be nice to have activism in defense of liberty for a change.

Too bad Rand Paul is supporting unconstitutional behavior here to supposedly protect the constitution.