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58 Geo. Wash. L. Rev. 821 (1989-1990)
Chevron--The Intersection of Law & Policy

handle is hein.journals/gwlr58 and id is 829 raw text is: Chevron-The Intersection
of Law & Policy*
Laurence H. Silberman**
In the latter part of the nineteenth century, Disraeli, the head of
the Conservative party, and Gladstone, the leader of the Liberal
Party, fought a series of election campaigns in Great Britain. One
key issue dividing the parties in those days was the question whether
the British Empire should expand or not. The Liberals were gener-
ally opposed to imperialism and the Conservatives seemed to wish
to color as much of the map pink as British military and economic
power would permit. At one point Disraeli referred to his rival
Gladstone in a scornful fashion as standing for a little England.
As it happened, Gladstone turned that epithet into a campaign
theme denouncing Disraeli's aggressive empire-building and carry-
ing Gladstone to victory in the election of 1880.
In recent years we have seen a similar debate in this country over
what some have called judicial imperialism. Those of us who have
decried the extraordinary expansion of judicial power in the latter
half of this century might be thought to stand for a little judiciary
and, like Gladstone, we should bear the emblem proudly, for that is
precisely what the Framers of our Constitution intended. Is not that
phrase merely another way of describing the judiciary, as did Alex-
ander Hamilton, as the least dangerous branch?
It seems to me that one concept, more appropriately than any
other, serves to distinguish those who advocate judicial restraint,
* This foreword is adapted from remarks made at the American Bar Association
Annual Meeting on August 8, 1989.
** Judge, United States Court of Appeals for the District of Columbia Circuit.
June 1990 Vol. 58 No. 5

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