Jerold Waltman is the R.W. Morrison Professor of Political Science at Baylor University, where he teaches constitutional law. He is the author of eight previous books, the most recent of which is Congress, the Supreme Court, and Religious Liberty: The Case of City of Boerne v. Flores (2013).

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• 1. Where We Are Now 2. How We Got Here, Part 1: From the Old Activism to the Warren Court 3. How We Got Here, Part 2: The Rise of Conservative Judicial Activism 4. A Constitutional Theory of Judicial Restraint 5. Objections 6. Conclusion