Thursday, December 11, 2014

Judicial Activism

It is interesting that when the SCOTUS came up with things like Roe. v. Wade and Miranda v. Arizona, conservatives complained about judicial activism. Now with Citizens United, the liberals are complaining about it. 

Thom Hartmann, a liberal talk show host, wants to get rid of judicial review completely.

3 comments:

Crude said...

Unfortunately, I do not think judicial review was ever the problem. It's more that, at this point, you have at least two distinct cultures of people who want absolutely nothing to do with each other politically in this country. The Confederate South and the Union North had more in common with each other than even the broadly conservative have in common with the broadly "progressive" at this point.

Judicial activism is what people turn to when they decide that long-term change is unacceptable or impossible, and that they don't particularly care how they impose their will on everyone else - they just want it done. You can't legislate that problem out of existence - so talk about getting rid of judicial review doesn't even begin to address the real problem.

Ilíon said...

"It is interesting that when the SCOTUS came up with things like Roe. v. Wade and Miranda v. Arizona, conservatives complained about judicial activism. Now with Citizens United, the liberals are complaining about it."

The Citizens United decision is not judicial activism, but the contrary of it ... which is, of course, why "liberals" hate the decision. Judicial activism isn't about telling Congress "You can't do that", it's about inventing extra-constitutional excuses to paper-over the diminishment of the liberties of the so-called citizens of the US.

"... a liberal talk show host, wants to get rid of judicial review completely."

Considering that "judicial review" is not a power that the Constitution grants to *any* court, but rather it is (and always has been) a judicial usurpation, then "get[ting] rid of judicial review completely" would be a conservative thing to do. But, hey! if "liberals" want to finally catch up with reality, who am I to say "No"?

Dave Duffy said...

SCOTUS is about as close as we get to the vision of the Philosopher Kings--highly educated people with power and no popular consequence to their decisions.

In contrast, I enjoy Tocqueville's commentary on America. Thankfully, I still see true democracy in action.

We had a brief spat of graffiti in my small town. The youth groups of the local churches decided to spend a Saturday painting over the blemishes. One small example.

I could name many examples of good people in action whose eyes glaze over when something reaches the desk of SCOTUS. Free and good people will carry on regardless of what SCOTUS says about things like the dilemma of Miss Roe.