Hello and welcome to the political orphanage, your lifeline to humor and rational discourse. I'm your host Andrew Heaton and this

week we're doing a whole spread on jurisprudence. It's Judge Week here on the political orphanage.

We've explored the living constitution, the theory preferred by Democrats.

We've heard about originalism, the favorite judicial philosophy of most conservatives.

Now we're going to hear what those libertarian- leaning judicial scholars are lugging into courtrooms.

Enjoy!

Back on the program is Tim Sandifer.

He is the vice president of litigation at the Goldwater Institute a frequent guest on my other

podcast alienating the audience where we most recently argued about the undiscovered country

and is is a very well respected attorney and judicial scholar that I am going to speak to today about,

do I call it Libertarian constitutionalism or robust 14th amendment or what what what do you when you and

Damon Root and Richard Epstein and maybe George Will and Randy Barnett when you guys

are all like hanging out in the back room spoken cigars and

talking about the Constitution what do you call yourselves? Yeah that's probably those are

probably good terms for it another term that we often use is judicial engagement by

which me we mean the courts taking seriously their obligation to enforce the Constitution

instead of deferring to what legislators or bureaucrats think.

Which I think is fascinating by the way because I if you were to speak to someone

If you were to talk to most people about the state of jurisprudence in our country let's say 10 years ago

They would have seen a split between progressives and

conservatives and they would have lumped libertarians in with the

conservatives but right right there where you say judicial engagement you were

...