Not too long ago, many Republicans proudly referred to themselves as 'constitutional conservatives.' They believed in the rule of law; in limiting the power of government, especially the federal government; in protecting individual liberty; and in checks and balances and the separation of powers. They opposed central planning and warned about emotions stirred up by the mob and the moment, believing, as the Founders did, that the role of government was to mediate rather than mirror popular passions. They recognized the importance of self-restraint and the need to cultivate public and private virtues. And they had reverence for the Constitution, less as a philosophical document than a procedural one, which articulated the rules of the road for American democracy. When it came to judicial philosophy, 'constitutional conservatism' meant textualism, which prioritizes the plain meaning of the text in statutes and the Constitution. Justice Antonin Scalia excoriated outcome-based...
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