Word: restraint
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...dove on SALT, earning opponents on both sides. I was convinced we had to strengthen conventional forces. But I also saw an important role for SALT in our national security policy. I did not believe that arms control could by itself ease tensions. Indeed, if not linked to some restraint of the geopolitical competition, strategic arms control might become a safety valve for Soviet expansionism. Every tune there was a Soviet aggressive move, there would be appeals that the new tensions now made arms-control talks even more important. This is why I favored linkage...
...with the values of their society. If peace is equated simply with the absence of war, if the yearning for peace is not allied with a sense of justice, it can become an abject pacifism that turns the world over to the most ruthless. To build peace on reciprocal restraint; to suffuse our concept of order with our country's commitment to freedom; to strive for peace without abdication and for order without unnecessary confrontation-therein resides the ultimate test of American statesmanship...
That judicial self-restraint has certainly not marked the Supreme Court during most of the past three decades; justices like William O. Dougles, the "Great Dissenter," carved out activist roles and frequently invalidated legislation that they felt contradicted basic American values. To such judges, Ely's answer is simple: "It must be very frustrating for people who think they understand things better than elected officials. But that's what they ought to learn to be--frustrated...
Liberal or conservative, professors agree Ely's brand of judicial restraint could prove popular with the ascendancy of conservatism in Washington. Yet Ely brands as "probably unconstitutional" the recent efforts of the Far Right to limit the Court's jurisdiction on matters ranging from school prayer to busing to abortion. Still, conservatives appreciate the hands-off approach Ely would take on many cases. And the one current member whom Ely says has come close to following the tenets of his theory. Justice Byron "Whizzer White, has usually opposed scrutinizing legislation that allegedly violates so-called "fundamental rights," and future Reagan...
...interestingly, Cox has an answer for those who would call Ely's advocacy of judicial self-restraint a cover for conservatism. The former Watergate special prosecutor notes that Ely's idol is Earl Warren--to whom Democracy and Distrust is dedicated and that in lionizing the Warren Court. Ely is "defending the most activist Court we ever...