Abstract
Conservative jurists initially opposed the liberal activism of the Warren and Burger Courts by arguingfor originalism. Such an approach, they believed, would harness judicial activism by sticking to the original meaning of the words and phrases of the document. In a rather short time, however, new ideas developed that stressed a more substantive and assertive conservative activism. These drew on three important principles: federalism, libertarianism, and perhaps most importantly, the law and economics movement. This chapter analyzes these ideas and how they have influenced the activist decisions of the Roberts Court in such areas as the commerce clause, federalism, equal protection, property rights, free speech, gun control, separation of powers and other structural issues, and Bush v. Gore.
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