[Mr. K]

Did the constitution originators ever comment on judicial activism? Specifically, talking against them creating new law from the bench?

[Publius]

Hamilton stated that the Judiciary was the weakest branch. He never foresaw an activist court that would not be reined in by Congress under the terms of Article III. No one considered the possibility of the courts writing law as they have because they were sure that Congress, as representatives of the people and the states, would either circumscribe the domain of the courts or remove errant judges.

What has happened is that Congress lets the courts get away with legislating from the bench because Congress is afraid to actually legislate on certain issues for fear of angering the people.

It's Congress' way of avoiding responsibility by saying, "It wasn't us; it was the courts!"