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| | RETHINKING CONSTITUTIONAL LAW |
 | | The functional defense for nonoriginalist interventionism presumes, first, that originalism is not the only legitimate justification for judicial interventionism, and, therefore, that an interventionist judiciary is both legitimate and positive because it enhances the performance of government by improving decision making. |
 | | Furthermore, he provides a substantial critique of several "nonoriginalist" theories that assume judicial interventionism is both legitimate and desirable and unavailable if jurists embrace originalism. |
 | | Although the case against judicial interventionism hinged upon a strong argument for judicial deference, conservative justices have, on occasion, engaged in conservative judicial interventionism. |
| www.unt.edu /lpbr/subpages/reviews/maltz.htm |
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