A Quote by Karl Rove
'Empathy' is the latest code word for liberal activism, for treating the Constitution as malleable clay to be kneaded and molded in whatever form justices want. It represents an expansive view of the judiciary in which courts create policy that couldn't pass the legislative branch or, if it did, would generate voter backlash.
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Apparently a great many people have forgotten that the framers of our Constitution went to such great effort to create an independent judicial branch that would not be subject to retaliation by either the executive branch or the legislative branch because of some decision made by those judges.
The constitution has divided the powers of government into three branches, Legislative, Executive and Judiciary, lodging each with a distinct magistracy. The Legislative it has given completely to the Senate and House of Representatives. It has declared that the Executive powers shall be vested in the President, submitting special articles of it to a negative by the Senate, and it has vested the Judiciary power in the courts of justice, with certain exceptions also in favor of the Senate.
Controlling the interpretation of the Constitution is vital to the leftist agenda of expanding the federal government's power. That means keeping the federal judiciary as liberal as possible and treating the U.S. Supreme Court's liberal legacy as sacrosanct.
The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.
People assume that the executive branch has more power than it actually has. Only the legislative branch can create the laws; the executive branch cannot create the laws. So, if the executive branch tries to create a branch one side or the other... you go back to the founders of the nation. They set up a system that ensures that it doesn't happen.
You want to know what judicial activism is? Judicial activism is judges imposing their policy preferences on the words of the Constitution.
[Nicolas Maduro] completely controls the judicial branch, controls the courts, has denied their basic rights and the responsibility that the legislative branch has in that country.
If Americans loved judicial activism, liberals wouldn't be lying about what it is. Judicial activism means making up constitutional rights in order to strike down laws the justices don't like based on their personal preferences. It's not judicial activism to strike down laws because they violate the Constitution.
In the Leach Pottery we did most of our work on the wheel. [Bernard] Leach did a little work in the studio, which was press-molded forms, plastic clay pressed into plaster forms to make small rectangular boxes and some vase forms, which he liked to make. These were molds which had been made to an original that he had modeled in solid clay, and during our work there, sometimes I would be pressing these forms as a means of production.
The Supreme Court and courts in general have been usurping the role of the legislative branch of government.
The principle of the Constitution is that of a separation of legislative, Executive and Judiciary functions, except in cases specified. If this principle be not expressed in direct terms, it is clearly the spirit of the Constitution, and it ought to be so commented and acted on by every friend of free government.
In the United States there are three parts of our government - the judiciary, the legislative and the executive - and the powers are divided on purpose. And that was - that - so that no one branch could run off.
The transformation of the D.C. Circuit has been replicated in federal courts around the country. Obama has had two hundred and eighty judges confirmed, which represents about a third of the federal judiciary.
It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive. For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers." And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments.
I am mindful of the difference between the executive branch and the legislative branch. I assured all four of these leaders that I know the difference, and that difference is they pass the laws and I execute them.
FDR's justices were allies while he was alive, but after he died, they developed four totally different theories of what the Constitution is, two of which are considered conservative and two of which are considered liberal.
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