The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
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.