“Judicial activism” describes an approach where judges impose their own policy preferences rather than interpret the law as written. When judges act in this manner, they usurp the role of the legislators, whom the citizens elect to represent them in deciding disputed, difficult policy issues. Thus, judicial activism undermines the very basis of our representative democracy. [Government 101 folks! Think back to the lesson on the roles of the 3 branches of government, yep. . . that’s the one]
The chief modern example of judicial activism is Roe v. Wade, where seven members of the Supreme Court invented a right to abortion that was nowhere found in the Constitution. [ hmm. . . neither is a right to homosexual marriage] Justice Byron White, who dissented in the case, said that the majority of the Court had engaged, “not in constitutional interpretation, but in the unrestrained imposition of its own, extra-constitutional value preferences.” There are examples of judicial activism in other areas of the law as well.
The Family Research Council promotes public education about the danger of judicial activism and calls for the return of a judiciary with more limited powers, according to the design of our nation’s Founders, so that the American people can once again govern themselves on the most important issues of our day. [Californians voting yes on Proposition 8 is an example of the American people governing themselves. This needs to be upheld and supported].
I wanted to do a little post with some info about jucidial activism. I’m always fascinated my people thinking that they can over step their bounds, and in the process, step on the rights of others. Maybe it’s been the 3- year-long legal battle with my husband’s crazy ex; she’s always trying to thwart his parental and legal rights, that coupled with my Political Science degree and the many lectures I heard on judicial activism. But either way, these behaviors are annoying. I also find it highly interesting that most government employees just do the bare minimum, nothing more, but then these judges seem to want to go above and beyond their job description, so much so that they want to do their job, along with that of the entire legislature as well.
I came across this great post about the CA Supreme Court from a fellow blogger over at Does My Vote Really Count. It’s time to write letters folks and tell the Supreme Court why you think they should uphold our vote on Proposition 8. The great blogger over at “Does My Vote Really Count” posted the mailing address for everyone. Thanks! Put your real info on the letter, speak up and be proud of your convictions. Just like I said the other day about Obama and other government workers, the Supreme Court Justices also work for us! We have every right to let them know how we feel and ask that they just stick to their job, interpreting the constitution, not changing it. Check out the post and start drafting your letters. The Supreme Court is set to hear anti-Prop 8 arguments in March.
Send your letters to:
Chief Justice Ronald M. George and the
Associate Justices of the California Supreme Court
350 McAllister Street
San Francisco, CA 94102
Pearl-Diver wrote a great letter to the Supreme Court in a post on her blog. Check it out here!
Source: Family Research Council