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To: mojito

I would like to propose a simple definition of judicial activism in the context of our constitutional arrangements, including checks and balances. Judicial activism is the adjudication of cases in a fashion which produces a result inconsistent with the language and intent of the constitution. The “action” in the “activism” is essentially altering the constitution, usually for the purpose of achieving a desire outcome. Striking down a measure which radically expands the power of the government is the virtual opposite of judicial activism or, judicial restraint.

Obama, the brilliant constitutional scholar (major sarc)knows this but uses the word “activism” to confuse the public into thinking that any significant action by the court is “activism”. As dramatic as striking down 0-care would be, it is actually circumscribing government power within the language of the constitution.


79 posted on 04/02/2012 3:25:56 PM PDT by JewishRighter (Anybody but Hussein)
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To: JewishRighter
I think, as many on this thread have speculated, that 0 knows his crowning legislative victory is going down in flames and has decided for politically unscrupulous and selfish reasons to run against the SCOTUS and demagogue the issue as part of his reelection bid simply because the man has no positive achievements to his credit.
86 posted on 04/02/2012 4:58:06 PM PDT by mojito
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