Judicial Activism
by Anonymous at 9/02/2004 06:35:00 PM
This is a brilliant article by Thomas Sowell that describes what Judicial Activism is and provides a good, working defintion for it. I humbly ask those of you to disagree with me on the subject to read this, as it does a far better job of describing my concerns than I can with my stunted communications skills (I am an engineer)
Judicial Activism is NOT merely the disagreement with whatever decision was handed down (as some have asserted) but is in fact a problem with the leeway being taken in the process of judicial review. The leeway that is being taken establishes precedent for further acts of usurpation, and should be a concern for everyone in this country. While by and large, the self-righteous left is in control at the moment, it could be the Self-righteous right tomorrow and it is a serious threat to our liberty. The judiciary should not be setting public policy, it is the purview of the people and their duly elected legislatures.
If you believe there are problems that should be corrected or new rights that should be protected by the Constitution, the founding fathers gave the people a method of modifying the document. Its called an amendment, and the amendment process ensures that the protections and powers given to the government are placed there by the people and for the people. Allowing a small group of jurists to modify the meanings of the document to suit modern tastes opens a door to add provisions to our government that were not placed there by the people, and there-in the usurpation lies.
Judicial Activism is NOT merely the disagreement with whatever decision was handed down (as some have asserted) but is in fact a problem with the leeway being taken in the process of judicial review. The leeway that is being taken establishes precedent for further acts of usurpation, and should be a concern for everyone in this country. While by and large, the self-righteous left is in control at the moment, it could be the Self-righteous right tomorrow and it is a serious threat to our liberty. The judiciary should not be setting public policy, it is the purview of the people and their duly elected legislatures.
If you believe there are problems that should be corrected or new rights that should be protected by the Constitution, the founding fathers gave the people a method of modifying the document. Its called an amendment, and the amendment process ensures that the protections and powers given to the government are placed there by the people and for the people. Allowing a small group of jurists to modify the meanings of the document to suit modern tastes opens a door to add provisions to our government that were not placed there by the people, and there-in the usurpation lies.
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