Posted on 01/16/2015 9:10:25 PM PST by right-wing agnostic
In a recent speech, Senator Rand Paul urged an audience of conservatives to embrace judicial activism. According to Paul, judicial activism is a good thing because it advances liberty and furthers conservative goals. Legislatures do bad things, Paul argues, and judicial activism is helpful to stop that: Judicial activism can overturn liberal laws such as Obamacare and the employment laws at issue in Lochner v. New York.
According to Senator Paul, there is a role for the Supreme Court to mete out justice. As a result, he considers himself a judicial activist in debates over Locher, the New Deal in the 1930s, Brown in the 1950s, Griswold in the 1960s, and the challenge to Obamacare more recently. Paul suggests that Roe v. Wade is a tougher case for him because abortion involves a clash of rights. Senator Paul also endorses co-blogger Randy Barnetts idea of replacing the presumption of constitutionality with a presumption of unconstitutionality (what Barnett calls the presumption of liberty). According to Paul, he doesnt like judicial legislation but he does want judges defending his freedom.
Three brief thoughts.
First, I noted here, the phrase judicial activism can have several different meanings. I gather Senator Paul is mostly assuming meanings #2 and #5 from my prior list, covering the expanding the power of the courts sense of activism and the striking down legislation sense of activism.
(Excerpt) Read more at washingtonpost.com ...
[snip] ...urged an audience of conservatives to embrace judicial activism... he considers himself a judicial activist in debates over Locher, the New Deal in the 1930s, Brown in the 1950s, Griswold in the 1960s, and the challenge to Obamacare more recently. Paul suggests that Roe v. Wade is a tougher case for him because abortion involves a clash of rights. [/snip]
Rand Paul: Time for GOP to soften war stance...by softening its edge on some volatile social issues and altering its image as the party always seemingly "eager to go to war... We do need to expand the party and grow the party and that does mean that we don't always all agree on every issue" ... the party needs to become more welcoming to individuals who disagree with basic Republican doctrine on emotional social issues such as gay marriage... "We're going to have to be a little hands off on some of these issues ... and get people into the party," Paul said.[Posted on 01/31/2013 5:08:50 PM PST by xzins]
Rand Paul's immigration speech...The Republican Party must embrace more legal immigration.[Posted on 03/19/2013 7:04:07 AM PDT by Perdogg]
Unfortunately, like many of the major debates in Washington, immigration has become a stalemate-where both sides are imprisoned by their own rhetoric or attachment to sacred cows that prevent the possibility of a balanced solution.
Immigration Reform will not occur until Conservative Republicans, like myself, become part of the solution. I am here today to begin that conversation.
Let's start that conversation by acknowledging we aren't going to deport 12 million illegal immigrants.
If you wish to work, if you wish to live and work in America, then we will find a place for you...
This is where prudence, compassion and thrift all point us toward the same goal: bringing these workers out of the shadows and into being taxpaying members of society.
Imagine 12 million people who are already here coming out of the shadows to become new taxpayers.12 million more people assimilating into society. 12 million more people being productive contributors.
Rand Paul calls on conservatives to embrace immigration reformLatinos, should be a natural constituency for the party, Paul argued, but "Republicans have pushed them away with harsh rhetoric over immigration." ...he would create a bipartisan panel to determine how many visas should be granted for workers already in the United States and those who might follow... [and the buried lead] "Imagine 12 million people who are already here coming out of the shadows to become new taxpayers...[Posted on 04/21/2013 1:52:42 PM PDT by SoConPubbie]
[but he's not in favor of amnesty, snicker, definition of is is]
If you’re looking for a pro-Obamacare candidate, Romney may be running again.
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