The “Judical Activism” Straw-Man
Monday, September 11th, 2006The complaint is not and has never been that judges are acting to enforce constitutional boundaries on the legislature; it is and has always been that they fail to act to enforce those boundaries — or act without constitutional warrant to make up new boundaries to enforce out of whole cloth — when reading the constitution rigorously would undermine some extralegal cause to which they have committed themselves. The complaint is not that judges act, but that they act in deference to some cause other than the rule of law that they have sworn to uphold.