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Sunday, October 30, 2005

Praise For Judicial Activism

Check out Below the Beltway's post on Colbert King's Washington Post Editorial today, being thankful for liberal judicial activism. To say Mr. King got it completely wrong is an understatement, but I can't say it any better than Doug did, so read his post.

Welcome to the Blogroll BtB, nice writing.

5Comments:

Blogger wanda said...

While the right claims they don't want activist judges, what they really mean is they don't want LIBERAL activist judges. Their nasty, hypocritcal treatment of Harriet Miers is proof positive of this. When the lady refused to say or even indicate she'd activly persue overtuning Roe-v-Wade, they deliberately torpedoed her nomination. What happened to 'every nominee deserves a fair up-or-down vote? What happened to the President has a right to nominate whomever he chooses and to have that nominee approved?
What happened was they want a conservative judge who will be an activist for their agenda. Once again their hypocrisy reigns supreme.

1:57 PM  
Blogger Crazy Politico said...

That would be correct. And, I agree Harriet should have gotten a hearing. What the right was concerned about was getting another Souter or Stevens on the bench.

On the subject of Judges, the right is looking for people who read the Constitution, not read into it. For instance, find the words "Separation Doctrine" in the Constitution, specifically concerning religion.

The words are The Congress (those dudes in DC) may make no laws either restricting or promoting a religion.

However, liberal activist judges have decided that even though the Constitution delegate all power to the states, that Congress must have really meant any government body anywhere. That's what we'd like to avoid.

The federalist papers are referenced on my sidebar, you should read them, they give great insight into what the forefathers were doing when they wrote that document.

3:12 PM  
Blogger Doug said...

Wanda,

While I agree that some on the right do want activists as much as the left does, that is not what originalism is all about. Those of us who believe in originalism simply believe in the radical concept that the Constitution means what it says and that judges shouldn't make up laws based on their own opinions or whatever society thinks is "right."

And, Crazy Politico, thanks for the link and the addition to the blogroll. I'll be adding you to mine as well when I update it in a day or two.

4:16 PM  
Blogger wanda said...

Good points guys.
Believe it or not, I too would prefer to see judges on the bench who adhere to the Constitution. Who, when iterpreting the law, do not allow their own personal, politica, or religious beliefs to color their judgement.
It is important to remember that freedom "of" religion means freedom for ALL religions NOT just Christianity. It also means freedom "from" religion. If we are going to have religion be a part of the political process then it cannot be only Christianity. I think you will agree this could lead us down a very troublesome road. As much as I don't enjoying saying so, I believe the best course is for religion to remain a personal issue and not become part of our political or governing process.
Keep in mind, in a nation that claims to observe 'freedom of religion', if your going to have SCHOOL children celebrating Christian holidays then we're going to have to allow other religions to celebrate theirs as well. That means, Jews, Muslims, Wiccan, Hindu, ect. It can't be just ONE religion having all the religious freedom. There must be diversity and acceptance of ALL religions.
Of course at that point teachers are going to be so overwhelmed with teaching the different religions and celebrating their holidays there will be little time left over for the actual teaching of reading, writing, science, and math.

4:35 PM  
Blogger Crazy Politico said...

Hey, PD, looking at your site, and mine, we are both shill's for the other end. Big deal. I'd rather have a liberal posting who debates instead of whining than a conservative who just bitches.

Hell, if I only wanted people here who agree with me, I'd rename the place after Kos :)

3:28 PM  

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