Natural Law and the New Right v. The Constitution Ch3: the Judicial Restraint Activism of the 1980s

Part 5: The Natural Law provides a key to resolving a Republican debate in the 1980s on the normative judicial power, Judicial Activism v. Judicial Restraint. We discussed last half of his second chapter last time (19 March 2026) and this time we continue with the entirety of Chapter 3, which he calls "The Majoritarian Myth," pp. 25 through 37.

Stephen Macedo published "The New Right v. The Constitution" with The CATO Institute in 1986.

We're going to make a fair use and do a transformative reading of the book.

CATO offers a free download of the book here: https://www.cato.org/books/new-right-v-constitution

We'd like to thank Stephen Macedo for writing the book and to thank CATO for making this material available in publishing it. Consider supporting CATO with a financial donation so that they can continue providing quality resources for discussion. Tell a friend about their resources.

The Republican Professor is a pro-appropriate-judicial-activism podcast.

Warmly,

Lucas J. Mather, Ph.D.

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