The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Chief Judge Pryor's Story Lecture: "Politics and the Rule of Law"

"Proposals like court-packing and living common goodism, based on the notion that judicial decisions should be driven by substantive outcomes, undermine rule of law."


You can now read Chief Judge Pryor's Story Lecture. Here is the overview:

Both the liberals who advocate court-packing and the conservatives who advocate living common goodism have succumbed to the false notion that the nation should depend on the judiciary to resolve our political controversies. They fail to appreciate why the Constitution assigns the judiciary the modest role of resolving cases based only on law, and they fail to appreciate why the Constitution assigns other branches the authority to develop policies that promote the common good. The democratic process is hard work, especially in a constitutional republic with separated powers and dual sovereigns, but the Founders understood that doing the hard work of politics through consensus-building and compromise is the better way to promote the common good.

Pryor brings a lot of clarity to conservative debates about living constitutionalism and common good constitutionalism.