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To: robertpaulsen
Wouldn't that be the definition of judicial activism?

No. Judicial activism means misrepresenting the Constitution, not defying precedent.

590 posted on 08/08/2004 12:19:15 PM PDT by inquest (Judges are given the power to decide cases, not to decide law)
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To: inquest; Ken H
"No. Judicial activism means misrepresenting the Constitution, not defying precedent."

And that "precedent" was based on what? It was based on a previous intepretation of the Constitution.

Defying precedent, therefore, is defying a previous interpretation. Now, if that previous interpretation were "wrong", then isn't judicial activism actually correcting the wrong, resulting in a true (or truer) representation of the Constitution?

The bottom line? Yes, it is judicial activism. But Ken H would say that it's good judicial activism because our guy is the one doing it.

594 posted on 08/08/2004 12:33:41 PM PDT by robertpaulsen
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To: inquest
"misrepresenting the Constitution"

One who misrepresents the Constitution is said not to be a "strict constructionist", not a judicial activist.

(Strictly speaking, a judicial activist is a judge that overturns legislation. I used the term loosely.)

597 posted on 08/08/2004 12:39:24 PM PDT by robertpaulsen
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