Not without an army of Clarence Thomases on the court. Ever since 1803, in Marbury v. Madison, the Supreme Court has staked out a position in which “it is emphatically the province and duty of the judicial department to say what the law is”. In the 1870’s the court eviscerated the rights defined by the post-Civil War amendments to the Constitution, and we all know how the court redefined the commerce clause to include anything and everything, to give the federal government jurisdiction over everything in the 1930’s. the only way to curtail the power of the courts is by filling them with judges who believe in judicial restraint.
Exactly. Well said. And that is just never, ever gonna happen.
I am amused, but not in a good way, when I see those nitwit pundits on news entertainment talk about “an activist Court”. They have ALL been activist courts from the beginning. Conservative, Liberal, in between, every single one is activist.
And, again, I agree with your post 100%. But the only Judge I have ever seen that truly believes in “judicial restraint”, and I mean by what they do and not what they say, IS Thomas. And it is just not practical to expect a Court full of them. Furthermore, SCOTUS just doesn’t render that many decisions. There is also no way to load those benches with Thomas’.
Ive argued before Courts at every level, including SCOTUS. Judicial activism IS SCOTUS and our Court system. Don’t be deluded by pundits. Most are stupid and virtually all are in it for one thing ... to get paid.
Your point is well taken, but I don’t see how nine lawyers can unilaterally “stake out a position” that defines their role so drastically and tyrannically. By what force - yes, I mean force - can they back this position up if opposed by the other two branches, the People, or the States?