The Libertarian Constitutional Fantasy.

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  • Author(s): Pulliam, Mark
  • Source:
    Modern Age. Winter2018, Vol. 60 Issue 1, p13-22. 10p.
  • Additional Information
    • Subject Terms:
      LIBERTARIANISM; UNITED States. Constitution; AMERICAN law; CIVIL rights; POLITICAL doctrines
    • Subject Terms:
      UNITED States
    • Abstract:
      The author argues that the libertarians' efforts to place an unwarranted faith in judges to protect unenumerated rights is a utopian recipe for disaster. Topics discussed include the libertarian scholars' argument that the U.S. Constitution contains both enumerated and unenumerated rights, the claim that laws should enjoy no presumption of constutionality, and the premise that judges are better suited than legislators to judge the wisdom and necessity of laws.