Article: Constitution safe with Scalia

The nomination of Antonin Scalia to the Supreme Court has been greeted with a great deal of talk about where he stands on a series of controversial political issues. But the important question to ask about him, or any other nominee to the Supreme Court, is not whether he is for or against abortion or affirmative action or school prayer. It is whether he is for or against the Constitution.

Putting it that way, I know, sounds gratuitously provocative and melodramatic. But the terms in which the question is usually framed - does he believe in judicial activism or in judicial restraint? - are less precise and even misleading.

The reason is that judicial activism has gone much further over ...

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