Thoughts on the Book, 'Cosmic Constitutional Theory,' by Judge J. Harvie Wilkinson III
today.marquette.edu
Judge Wilkinson's book argues that grand constitutional theories — from originalism to living constitutionalism — are quietly eroding judicial restraint and handing courts too much power.
Judicial RestraintOriginalismLiving ConstitutionalismSeparation of Powers
Theory Briefing
- Wilkinson contends that post-New Deal constitutional theories are displacing judicial deference, the historic cornerstone of restrained courts.
- From originalism to living constitutionalism, competing cosmic theories all risk the same flaw: empowering judges over democratic majorities.
- The book frames judicial overreach not as a left-right problem but as a structural threat rooted in theory-worship itself.