For Mitt Romney: Many conservatives advocate “judicial restraint.” They denounce “judicial activism” and define it as not properly deferring to decisions by government’s majoritarian branches. Other conservatives praise “judicial engagement” and define it as actively defending liberty against overbearing majorities. Do you favor “restraint” or “engagement”? Do you reject the Kelo decision, in which the Supreme Court deferred to governments’ desire to seize private property and give it to wealthier private interests who would pay higher taxes?
For Barack Obama: You deplore the court’s Citizens United decision. What is your constitutional basis for rejecting the decision’s principle that Americans do not forfeit their First Amendment rights when they come together in corporate entities (mostly nonprofit advocacy corporations such as the Sierra Club) to speak collectively? You say you would “seriously consider” amending the First Amendment to empower Congress to regulate political speech. Explain why you would choose to make the Bill of Rights less protective.
For Romney: The Republican platform endorses using “whatever legislative method is most feasible” to ban flag desecration. Can you distinguish this from the anti-blasphemy laws in some Islamic countries? Should we criminalize expressive acts that offend?