[yankeedame]

And in this corner, the Devil's Advocate:

"If it may please the Court (of Freeper opinion) the here is either unaware or choose to dismiss the little known, but well documented fact that "judicial activism", as it is termed, has a long, deep rooted history. Stretching back to the very beginning of our Federalist period, and was, in fact, both tactically and overtly espoused by several Founding Father, chief among which was none other than Thomas Jefferson.

Jefferson believed that since the judicial branch of the Federal government, specifically the Supreme Court, was in no way represented the "the People", meaning non- elected either by the state or by the people, the judiciary was therefore, and should remain therefore, the handmaiden of the other two branches; specifically, though not exclusively, the legislative.

Not to put too fine an edge on it, the man from Monticello was the well meaning father of American judicial activism. Jefferson, and in turn his judicial progeny, did not believe in the Law. A fix law in the historic English concepts of laws. His, and his philosophical heirs of today, believe was one of rule by the wise and the good. Men and women acting in the interest of the whole, restrained only by their sense of duty and obligation to the greater good. A kind of legal noblesse oblige as it were.

"A strict observance of the written law is doubtless one of the high duties of a food citizen, but not the highest,"wrote Jefferson[1], "....Every good officer [of the judiciary] must be ready to risk himself in going beyond the strict line of the law ...his motives will be his justification..."

Ergo, we can see that judicial activism is neither new to this country nor a sign that this nation has somehow passed from virtue unto corruption.

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[1] McDonald, Forrest, "The Presidency of Thomas Jefferson", Ch.3, p.49 [University of Kansas Press, 1976]

[E.G.C.]

There was a well known legendary political commentator who wrote that the problem of judicial activism actually was tolerated back to the Earl Warren Supreme Court.

It's been an issues that's received lots of attention for the reason people are concerned and rightfully so about voter approved ballot inititives that are continuing to be shot down by judges.

That's not a good thing for this country though when this happens. Soemthing really needs to be done about that.

BTTT for more replies.

[Turret Gunner A20]

Then may we conclude that writing the Constitution was a waste of time?

[Turret Gunner A20]

Or sill you concede that even the great T. Jefferson could have been wrong about something?