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Judicial Activism


The President has submitted his choice for the Supreme Court and as expected the candidate is very liberal is very liberal in her views. That is expected, as she is replacing a retiring liberal Justice.

There is a video showing on TV showing her talking about making policy at certain levels of the court. Did I hear that right? The Judiciary makes policy? Congress makes the law and the Judiciary INTERPRETS the law. Some people say that we have a Constitution that is a "living document" and that it has to be interpreted in light of modern society. I don't agree.

If our Constitution is a "living document", then it means whoever is in power at the Supreme Court, interprets the law based on what they think current morals in society dictates. Following that logic, it means that if a President gets to fill the court with socialists or marxists, then we become a collectivist society. That is NOT what the framers of the Constitution had in mind.

Judges have no authority to insert their personal political preferences in place of elected lawmakers laws. President Jefferson warned those who would subvert our Republic through judicial activism saying "our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction."  Article 5 of the Constitution gives us the method of amending the Constitution.

These Supreme Court judges are appointed for life and the Constitution says they shall hold offices during good behavior, yet "good behavior" is not defined. The Federalist Papers, No. 78 by Hamilton, says in part, "there is no liberty if the power of judging be not separated from the legislature and executive powers." Doesn't this speak clearly; NO creating laws from the bench. This is NOT good behavior!

Good behavior is NOT making laws from the bench. It is defending original Constitutional principles. Good behavior is allowing freedom to flourish. How did the founding fathers define "freedom"? Take a look at the American Dictionary of the English Language written by Noah Webster in 1828. Freedom is a state of exemption from the power or control of another; exemption from slavery, servitude or confinement.

Good behavior is not placing limits on our God given rights of life, liberty and the pursuit of happiness!