Here is a statement Justice O'Connor recently made in protest against statements made in Congress decrying "judicial activism":
"I, said O’Connor, am against judicial reforms driven by nakedly partisan reasoning. Pointing to the experiences of developing countries and former communist countries where interference with an independent judiciary has allowed dictatorship to flourish, O’Connor said we must be ever-vigilant against those who would strongarm the judiciary into adopting their preferred policies. It takes a lot of degeneration before a country falls into dictatorship, she said, but we should avoid these ends by avoiding these beginnings."
And here is something I wrote in response:
Well, let's rewrite this eloquent statement of Justice O'Connor just a teensy, little bit:
"I, said Braveheart, am against judicial decrees driven by nakedly partisan reasoning. We must be ever-vigilant against those who would strongarm the People by imposing their preferred policies from the Bench. It takes a lot of degeneration before a country falls into judicial dictatorship, but we should avoid these ends by avoiding these beginnings."
The fact that the Justices are beginning to act so defensively encourages me that they are beginning to get it. Checks and balances are necessary on the judiciary no less than on the executive and legislative branches.
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
-
I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
-
Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
-
Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
No comments:
Post a Comment