...As former Chief Justice William Rehnquist described the proper role of judicial review in a constitutional democracy, the courts have the last word "as to whether a law passed by the legislature conforms to the Constitution."It would be every bit as "activist" for the Supreme Court to refuse to strike down a law that violated the Constitution -- e.g., Chicago's anti-gun laws or Congress' restriction of free speech via the campaign finance laws -- as it is for the court to strike down laws that do not violate the Constitution.
We know that laws restricting speech and the right to bear arms violate the Constitution because it says so. - Ann Coulter
"But liberals see the Supreme Court as their backup legislature, giving them all the laws Democrats can't pass themselves because they'd be voted out of office if they did."