A Quote by Ann Coulter
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.
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You want to know what judicial activism is? Judicial activism is judges imposing their policy preferences on the words of the Constitution.
The Supreme Court's most conservative Justices have presented themselves as great respecters of precedent and opponents of 'judicial activism' - of judges using the Constitution to strike down laws passed by the elected branches of government. If they are true to those principles, they should uphold rent control.
Invalidating laws has absolutely nothing to do with judicial activism. It depends on whether the law is unconstitutional or not. That's really the key point.
Liberals attempt through judicial activism what they cannot win at the ballot box.
As Alexander Hamilton said in 'The Federalist Papers,' law is about the exercise of judgment and not will. Judicial activism is best understood as substituting judicial opinion for the command of law. The law is not an infinitely malleable tool.
Popularity makes no law invulnerable to invalidation. Americans accept judicial supervision of their democracy - judicial review of popular but possibly unconstitutional statutes - because they know that if the Constitution is truly to constitute the nation, it must trump some majority preferences.
We have a problem with judicial activism in this country.
It is true that there have been excesses of judicial activism.
Much of the Constitution is remarkably simple and straightforward - certainly as compared to the convoluted reasoning of judges and law professors discussing what is called 'Constitutional law,' much of which has no basis in that document....The real question [for judicial nominees] is whether that nominee will follow the law or succumb to the lure of 'a living constitution,' 'evolving standards' and other lofty words meaning judicial power to reshape the law to suit their own personal preferences.
Of course, conservatives always claim to be against judicial activism.
Out of control judicial activism threatens traditional marriage in America.
When conservative judges strike down laws, it's because of what's in the Constitution. When liberal judges strike down laws (or impose new laws), it's because of what's in the New York Times
To be true to its constitutional role, the Supreme Court should refuse to be drawn into making public policy, and it should strike down legislation only when a clear constitutional violation exists. When judicial activists resort to various inventions and theories to impose their personal views on privacy and liberty, they jeopardize the legitimacy of the judiciary as an institution and undermine the role of the other branches of government.
Our Parliamentary system has simply failed to meet the challenge of judicial activism.
So the danger of conservative judicial activism has been averted for another year. Stay tuned.
If you start from a belief that the most knowledgeable person on earth does not have even one percent of the total knowledge on earth, that shoots down social engineering, economic central planning, judicial activism, and innumerable other ambitious notions favored by the political left.
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