Sunday, June 14, 2009

Will 6/14/09

How the Chrysler Deal Hurts the Credit Markets

My take on George Will's latest. His column was published in the Washington Post.

... conservatives are warning against "judicial activism." But the Chrysler and GM bailouts and bankruptcies are reasons for conservatives to rethink the usefulness of that phrase and to make some distinctions.

Of course courts should not make policy or invent rights not stipulated or implied by statutes or the Constitution's text. But courts have no nobler function than that of actively defending property, contracts and other bulwarks of freedom against depredations by government, including by popularly elected, and popular, officials. Regarding Chrysler and GM, the executive branch is exercising powers it does not have under any statute or constitutional provision. At moments such as this, deference to the political branches constitutes dereliction of judicial duty.

My Views: When government acts without authority in statute or constitutional law, then there is no "judicial activism" for courts to rule on the legality of that action. This seems to be to be obvious and should cause no qualms about judicial activism. The phrase is not applicable.

George Will almost didn't make it as a syndicated columnist. His style was considered too erudite for a general audience.

Whatever one thinks of his views, read his work for use of language and for how he marshals facts and uses logic.

Here's his Wiki bio.

His latest book is at the right.