So­cial stud­ies

The Washington Times Weekly - - National -

That was 2008 Repub­li­can pres­i­den­tial con­tender Ru­dolph W. Gi­u­liani ad­dress­ing the Fed­er­al­ist So­ci­ety in the town on Nov. 16, and whereas the lead­ing Demo­cratic con­tenders for the White House are busy try­ing to dif­fer­en­ti­ate among them­selves, the for­mer New York mayor is see­ing clones.

“I’m go­ing to give you 200 rea­sons why the next elec­tion is re­ally im­por­tant. It’s the 200 fed­eral judges that the next pres­i­dent [. . .] will likely ap­point over four years in the White House,” Mr. Gi­u­liani said. “If a pres­i­dent is elected who has the kind of think­ing of a Hil­lary Clin­ton or a Barack Obama or a John Ed­wards — and I don’t think there’s much dis­tinc­tion there — I think you’re go­ing to see [. . .] judges who will be ac­tivists in the sense of try­ing to leg­is­late their so­cial pol­icy through ju­di­cial in­ter­pre­ta­tion.”

And where would th­ese judges have ac­quired their so­cial ac­tivism?

“For many years, law schools, too many of them, had been con­fus­ing con­sti­tu­tional law with so­ci­ol­ogy. And there is a big dif­fer­ence be­tween con­sti­tu­tional law and so­ci­ol­ogy,” Mr. Gi­u­liani said.

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