Judicial Activism

[Adam's Apple]

This article is worth reading in its entirety.

Judicial Activism’s Perfect Storm
By Thomas Lifson for Real Clear Politics
March 18, 2005

After six decades of expansion, the tendency of judges to impose their preferences on society, rather than simply interpret the law as written, may have reached its apogee. Judicial activism, as this writing of law from the bench is known, faces a confluence of forces which promise relief for the principles of Constitutionalism, and for the American people they protect. The trend of judicial activism morphing into judicial tyranny faces a perfect storm. Here are some of its key elements.

for full story
http://www.realclearpolitics.com/Commentary/com-3_18_05_TL.html

 

[SmarterThanYou]

so we'll replace liberal judicial activists with conservative judicial activists?

 

[dilloduck]

operative word here is "activist" but you know that. Judges are overstepping their authority--thats all there is too it----no conspiracy going on here

 

[SmarterThanYou]

operative word here is "activist" but you know that. Judges are overstepping their authority--thats all there is too it----no conspiracy going on here

are ALL judges overstepping their authority though? Or do you only want to point out the ones who's side you don't agree with?

 

[dilloduck]

are ALL judges overstepping their authority though? Or do you only want to point out the ones who's side you don't agree with?

naturally "ALL" is a generalization---it's just gotten worse with the appointments of liberal judges to circumvent what the MAJORITY of people really want.

 

[SmarterThanYou]

naturally "ALL" is a generalization---it's just gotten worse with the appointments of liberal judges to circumvent what the MAJORITY of people really want.

how do you explain that when over the course of 16 years, more conservative judges have been placed on the bench over liberal judges?

 

[musicman]

how do you explain that when over the course of 16 years, more conservative judges have been placed on the bench over liberal judges?

Because where liberal judges are placed AT ALL, they continue to do their damage.

 

[Gunny]

so we'll replace liberal judicial activists with conservative judicial activists?

Just has to be one or the other, huh? How about putting a halt to ALL judicial activism and the weenies doing what they're paid to do?

 

[SmarterThanYou]

Because where liberal judges are placed AT ALL, they continue to do their damage.

i see, NO conservative judges would EVER be judicial activists.....

/sarcasm off

 

[musicman]

i see, NO conservative judges would EVER be judicial activists.....

/sarcasm off

Not if they're true conservatives. As I stated the other day, any human enterprise is going to be fraught with imperfection, but the bedrock principles of conservatism dictate strict adherence to the constitutionally assigned separation of powers. Every spectacular abuse of these principles I've seen in my lifetime, I lay at the feet of liberalism.

 

[Avatar4321]

i see, NO conservative judges would EVER be judicial activists.....

/sarcasm off

By deffinition conservative judges cant. Else they really arent conservative. Those who are conserving the original meaning of the Constitution cant by deffinition be activists because they would be reading the text not putting their own views on a subject into play.

 

[SmarterThanYou]

music and avatar, i appreciate your defining conservatism and true conservatism when it comes to judicial seats, however, they have/do/and will continue to happen because of a straight party push, such as is happening now.

There are judicial activists, both liberal and conservative, and the only reason we hear about the liberal judicial activists is due to the huge outcry among supposed conservatives in the senate that deal with judicial nominees about liberals and judicial activism.

 

[musicman]

music and avatar, i appreciate your defining conservatism and true conservatism when it comes to judicial seats, however, they have/do/and will continue to happen because of a straight party push, such as is happening now.

There are judicial activists, both liberal and conservative, and the only reason we hear about the liberal judicial activists is due to the huge outcry among supposed conservatives in the senate that deal with judicial nominees about liberals and judicial activism.

I can't help it, though, Smarter. When I think of the most heinous examples of judicial activism, the tendency seems plainly ideology-specific. Roe v. Wade, affirmative action, and the ongoing gang-rape of the XIV Amendment are examples of a concerted effort to re-engineer society according to a liberal agenda. I can't think of a single comparable example from conservatism.

 

[Avatar4321]

I can't help it, though, Smarter. When I think of the most heinous examples of judicial activism, the tendency seems plainly ideology-specific. Roe v. Wade, affirmative action, and the ongoing gang-rape of the XIV Amendment are examples of a concerted effort to re-engineer society according to a liberal agenda. I can't think of a single comparable example from conservatism.

If there was conservative activism the current tax laws would have been thrown out for a flat tax under the equal protection clause a long time ago.

 

[musicman]

If there was conservative activism the current tax laws would have been thrown out for a flat tax under the equal protection clause a long time ago.

Absolutely - and a lot fewer games being played with the Constitution in general!

 

[William Joyce]

Anyone who thinks there's a such thing as "conservative judicial activism" should give us an example so we can discuss it. Thanks.

 

[musicman]

Anyone who thinks there's a such thing as "conservative judicial activism" should give us an example so we can discuss it. Thanks.

It seems like a contradiction in terms to me.

Again, I'll concede that any human endeavor is imperfect by definition, but DAMN! Just look at recent history!

 

[SmarterThanYou]

Anyone who thinks there's a such thing as "conservative judicial activism" should give us an example so we can discuss it. Thanks.

been done, by me, a few times on here

 

[SmarterThanYou]

It seems like a contradiction in terms to me.

how, i'd like to know.

 

[musicman]

how, i'd like to know.

Well, stipulating again that perfection is far too lofty a goal to expect of mere humans, I'd invite the reader to inspect the actions (and their consequences) of the respective ideologies over the last six decades. That's poorly put, I know - ideologies don't really ACT - but I think you get the idea. In the totality of the instances of judicial overstepping, which ideology would you say consistently seeks to inflict its social agenda by circumventing the will of the people - or, through judicial activism? I think the answer is obvious. I, too, would be interested in seeing examples of abuse of anything approaching this magnitude ever having been carried out by conservatives.