National Review, August 14, 1995, pp. 30-32.
The article presents the author’s response to the comments of law professor Lino A. Graglia on his critique of U.S. Judge Robert Bork and Chief Justice William Rehnquist regarding judicial activism. The author argues that legal positivism, grounded in moral relativism and philosophical nihilism, can effectively counteract that very same legal positivism when it appears in the form of liberal judicial activism. It discusses Graglia’s disagreement concerning the status of the principles of the Declaration of Independence in their relationship to the constitution.