Does anyone really think that putting conservative judges, who are "suppose" to interpret the Constitution as Republican "constructionists", will cure the Judiciary of its activism?
...there will be no accountability for judges of either party who ignore the law.
Judges will always act as though they are above the law, and above the will of the people, no matter what party they may come from. There's no guarantee that Republican judges, appointed to federal courts or the Supreme Court, will act any better than those elitists we have there now.
Judges need to be held accountable to the Congress, and if the guys we now have in the Congress can't do the job then we need new blood that CAN handle the job.
This truth cuts to the crux of the matter, power is seductive and judges are no more trustworthy than any other government employee. The original Marbury vs. Madison was a carefully crafted power grab and the Executive and Congress should have recognized it at the time and corrected the usurpation rather than allowing precedent.
The problem most would have here is that if the Republicans nominated strict Constitutionalist judges (as they well should), the judges would still be blamed. Republicans and 'conservatives' don't want Constitutionally based rulings, they want rulings in their favor.