Tuesday, July 3, 2012

John Roberts: Burkean Conservative

Andrew Sullivan argues that the chief justice's ACA decision reveals that he's the only conservative on the court dedicated to the preservation of strong institutions - which was once the defining principle of conservatism. The rest seems committed to using the court to promote conservative political positions - which tend to shift. This strain is associated with Edmund Burke, whose Reflections on the Revolution in France was once required reading.

Here's a primer on Burke's brand of thought:

Burke is the father of modern conservatism, and still its wisest oracle. Tradition-minded but (contrary to stereotype) far from reactionary, he believed in balancing individual rights with social order. The best way to do that, for Burke, was by respecting long-standing customs and institutions while advancing toward liberty and equality. Society’s traditions, after all, embody an evolved collective wisdom that even (or especially) the smartest of individuals cannot hope to understand comprehensively, much less reinvent successfully.
Sullivan wonders of the other conservatives on the court share this vision of a strong judiciary independent of political parties. Here's a similar point.