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'Judicial Activism' to Be Thankful For
Washington Post ^ | October 29, 2005 | Colbert I. King

Posted on 10/30/2005 2:07:24 PM PST by nosofar

The celebration of Rosa Parks's extraordinary contribution to America presents an excellent opportunity for me to summon all the strength at my command so that I may shout at the top of my lungs: "Thank God Almighty for liberal judicial activism." I suppose this makes me a heretic in a town where radical right dogma reigns supreme, especially after the trashing of White House counsel and now-withdrawn Supreme Court nominee Harriet Miers. But I'll still pay tribute to activist judges. After all, it was a default by elected leaders that led an "activist" Supreme Court to decide in 1956 that it was unconstitutional to require that Rosa Parks and other black passengers in Montgomery, Ala., sit at the back of buses solely because of their race.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: activism; court; ferguson; judical; parks; plessy; rosa; rosaparks; supreme
"On the other hand, political columnist Colbert I. King manages to write a column on "'Judicial Activism' To Be Thankful For" without having any clue about what judicial activism is (hint: it does not mean striking down unconstitutional laws when they really are unconstitutional). " -- Roger Clegg, NRO

http://corner.nationalreview.com/

1 posted on 10/30/2005 2:07:24 PM PST by nosofar
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To: nosofar
Link to Roger Clegg's comment
2 posted on 10/30/2005 2:13:15 PM PST by Third Order
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To: nosofar

Oh we all know the Supreme Court has a stellar record on the issue of race. /sarcasm


3 posted on 10/30/2005 2:13:51 PM PST by The Ghost of FReepers Past (Righteousness exalts a nation, but sin is a disgrace to any people. Ps. 14:34)
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To: nosofar

All he's trying to do is water down the term "judicial activism".


4 posted on 10/30/2005 2:15:49 PM PST by Halfmanhalfamazing (You upgraded to Linux? No, I'm not surprised your computer works properly now. Amazing, no?)
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To: nosofar

Dittos.


5 posted on 10/30/2005 2:17:37 PM PST by Eastbound
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To: nosofar

If the court consulted "foreign law" to determine if the law in Alabama was "unconstitutional", then they may be been "judicial activists" but I doubt they did.


6 posted on 10/30/2005 2:19:40 PM PST by weegee (To understand the left is to rationalize how abortion can be a birthright.)
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To: nosofar
Regime change in the courts. Impeach activist judges!

(As pointed out in the first post, the case referred to in the article is not an example of judicial activism.)

7 posted on 10/30/2005 2:23:02 PM PST by TigersEye (When you sow discord you will harvest chaos.)
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To: Halfmanhalfamazing
All he's trying to do is water down the term "judicial activism".

You're right. The libs have intensified their redefinition of the term. They want it applied to our judges who obey the law and the Constitution.
8 posted on 10/30/2005 2:26:20 PM PST by wolfpat (Congress is the only whorehouse in America that loses money.)
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To: nosofar
On the other hand, political columnist Colbert I. King manages to write a column on "'Judicial Activism' To Be Thankful For" without having any clue about what judicial activism is ...

Nor, does King write about the Southern Democratic Party politics that lead to the establishment of laws that required separate seating on buses in the first place.

It wasn't Southern Republicans that implemented separate seating laws back then.

9 posted on 10/30/2005 2:28:55 PM PST by Noachian (To Control the Judiciary The People Must First Control The Senate)
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To: Halfmanhalfamazing

I can name one case that has happened in this decade in which conservatives actually were hoping for judicial activism and the activism was wanted for a law that was passed in the Congress and signed by this President.


10 posted on 10/30/2005 2:33:58 PM PST by joesbucks
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To: nosofar
This whole article could be summed up in the common phrase: "The end justifies the means."

While I abhor Jim Crow and segregationist laws, their eradication does not justify overlooking the constitutional limitations placed on the Judiciary. First we do the wrong thing for the right reasons. From there, it's a small step to doing the wrong thing for the wrong reasons. And by then, precedent has been established and wrong law becomes the law of the land.

11 posted on 10/30/2005 2:35:49 PM PST by IronJack
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To: Noachian
It wasn't Southern Republicans that implemented separate seating laws back then.

And it wasn't democrats who passed the civil rights act.

12 posted on 10/30/2005 2:37:51 PM PST by Graybeard58 (Remember and pray for Sgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: nosofar

I'm in favor of judicial activism when it simply applies the law. Near as I can tell, though, this is first and only time in history that has happened.


13 posted on 10/30/2005 3:08:46 PM PST by Brilliant
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To: nosofar

Yeah, gotta love that Supreme Court. It only took them 60+ years to overturn Plessy v. Ferguson and we had to fight a war to overturn Scot v. Sanford! You go, judicial activism!/sarcasm


14 posted on 10/30/2005 3:56:23 PM PST by WinOne4TheGipper (Merry Fizzlemas, DUmmies!)
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To: joesbucks

It takes activism to put down activism, to correct a wrong.

They don't just automagically correct themselves.


15 posted on 10/30/2005 5:08:10 PM PST by Halfmanhalfamazing (You upgraded to Linux? No, I'm not surprised your computer works properly now. Amazing, no?)
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To: Graybeard58
And it wasn't democrats who passed the civil rights act

Which gets buried. I think the big problem at the time was that Berry Goldwater, the main Republican name, opposed it (corrct me if I'm wrong) so opposition was linked with the Republican Party as a whole.

16 posted on 10/31/2005 8:59:58 AM PST by nosofar
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To: nosofar

I don't know about Goldwater but southern democrats opposed it and it would never have passed without Republicans voting for it.


17 posted on 10/31/2005 9:06:52 AM PST by Graybeard58 (Remember and pray for Sgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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