Judicial Activism's Damage

Current judicial activism is non-partisan-activists appear among both Republican and Democratic appointees. Judicial activism arises with a judge's willingness to stretch and reinterpret the Constitution to fit an agenda or intent other than that of the original authors or recreate a role for the courts originally envisioned for the executive or legislative branches of government.

Judicial activism is broad, very real, and most damaging. Activist decisions create many legal and political problems, including undermining respect for the law, decreasing respect for the judiciary, and usurping the role of other branches of government.

In the most extreme cases, activist opinions may even violate judicial oaths. Judges swear to uphold the Constitution as the law of the land. Undermining liberty as defined by the federal or a state constitution under the guise of judicial opinion is contrary to that oath.

Though they must be used with caution, the state and federal constitutions provide for remedies against activist judges. An independent judiciary is vital to our system so impeachment should only occur in cases where a judge's decisions are repeatedly or grossly erroneous and exhibit flagrant disregard for the will of the people as expressed though history, text, and precedent, or the proper role of other branches of government.

-Alan Sears

Copyright Human Events Publishing, Inc. 2004
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