The architects of the early republic conceived of the federal judiciary not as a primary engine of social progress, but rather as an institutional check against the majoritarian impulses of the legislature. According to this originalist view, when courts abandon this negative function and instead actively fashion new rights based on an evolving moral consensus, they usurp the democratic process. Such judicial interventionism, however well-intentioned it may be in addressing immediate societal inequities, ultimately undermines the legitimacy of the courts; their authority rests entirely on the public's perception of their adherence to objective, pre-existing legal principles rather than their participation in partisan policy-making.
Which of the following phrases most accurately replaces the word "negative" as it is used in the passage?
- Acharacterized by pessimism regarding social progress
- Bultimately detrimental to the legitimacy of democratic processes
- Cfundamentally adversarial and hostile to legislative impulses
- oriented toward restricting actions rather than proactively creating policyCevap
- Edevoid of substantive legal or constitutional authority