Men in Black

January 3, 2005
The Supreme Court is speeding the country on the road to tyranny, according to this jeremiad from Levin, a conservative constitutional lawyer and radio talk show host. Levin argues that the Constitution is under siege by "judicial activists" obsessed with remaking America to reflect their personal political and moral philosophies. Liberal judges who view the Constitution as a document whose meaning evolves over time are at odds with the founding fathers' "clear and profound vision for what they wanted our federal government to be." "Activist judges," he says, "make, rather than interpret, the law." The author champions originalism, the conservative legal philosophy hinging on a narrow interpretation of the Constitution's text, and he contends that moving the judiciary back into the originalist fold could thwart the power grab by "radicals in robes." Levin traces trends in judicial activism through some of the Supreme Court's most famous cases, from Marbury v. Madison (1803), which enshrined the high court's power to weigh the constitutionality of presidential and congressional acts, to Roe v. Wade (1973). He also blasts affirmative action decisions, contending that the 14th Amendment's equal protection clause should be sufficient to combat racial discrimination. Levin is an ardent advocate, but at times his strident tone gets in the way of objective analyses of the system's flaws. Would the founders be as "appalled" by the present-day Supreme Court as Levin is? That's impossible to say, but many likeminded critics are certain to be galvanized by this spirited "clarion call," which is bookended by raves from conservative radio broadcaster Rush Limbaugh and former U.S. Attorney General Edwin Meese III.