Long Live Judicial Activism
This has already been disseminated elsewhere, but this excellent article from George Will should give conservatives and libertarians reason to cheer judicial activism.
It also reminds me of Madison's belief in the large republic -- the ugly truth, that flies in the face of both liberal and conservative communitarians, that the power closest to the people is the only just power. Madison (and Will, for that matter) gave ample reason for classical liberals to reconsider local power as the basis of their political philosophy. In other words, the federal government is not the only, and sometimes not the worst, oppressor.
Will's arguments remind me of another guy who advocates judicial activism on the basis of natural rights.
The natural rights critique of government power -- that scourge of left-liberals and conservative theocrats -- has many eloquent spokesmen, past and present.