Judicial Activism = Judicial Tyranny

NewsMax ^ | 1/6/05 | Phil Brennan

[wagglebee]

I'm glad that Brennan wrote this. I was thinking when I read reports of what Rehnquist wrote that perhaps his mind has been affected by his illness.

[BobL]

Pick the fight - this is an easy one.

If judges cannot respect the separation of powers they MUST be impeached.

[Logical me]

I noticed you forgot the right to bear arms. It's coming from this liberal controled court, they will soon outlaw citizens right to bear arms. Yes, impeachment is a cure.

[wagglebee]

I didn't forget the Second Amendment. There are just too damn many areas to even get started.

[BobL]

" I was thinking when I read reports of what Rehnquist wrote that perhaps his mind has been affected by his illness."

I agree and that was my first thought. This is very similar to what happened with Barry Goldwater when he was real old.

The MSM could make a case that he's not fit to still be on the court - but the sure as heck should not be publicizing something like this, as it deviates from everything Rehnquist stood for.

[don-o]

No money given = no FR.

Please consider helping to end the annoying Freepathon soon.

[steplock]

crazy or traitor - it doesn't matter - he MUST go!

He is too dangerous to our liberty and our country to leave the fool there.

[wagglebee]

I've read a lot of what Rehnquist has written over the course of his career, and this bears no resemblance whatsoever to anything he has ever said before.

[26lemoncharlie]

Judge Scalia said it all when the Sodomy decision was handed down. The Supreme Court Justices were interpreting the American Laws using European Standards. This is against the Constitution and American Law. The Supreme Court Justices regularly attend their Judicial Meetings in Europe with their European Colleges. They they come back here and apply that CRAP ti our laws to determine the CONSTITUTIONALITY!! We fought a Revolution over this European Crap being forced down our throats and on our backs. Make you kind of wonder what they are planning!!

[BobL]

"I've read a lot of what Rehnquist has written over the course of his career, and this bears no resemblance whatsoever to anything he has ever said before."

I haven't read much of his work, but judging by his decisions, he's been an excellent justice. Like I implied, if the media wants to quote this garbage, they should do it in the context that he is no longer fit for the court - rather than portraying this as a serious insight.

The thing is, the MSM clearly knows that Rehnquist has problems and is probably unfit - yet they deceive the public on it. This bugs me much more than even their usual bias - for it no different (to me at least) than the media making up totally fictitious quotes from people, and then telling us that they've had a change of heart.

[Sterrins]

Judges are expected to administer the law fairly, without regard to public reaction...

Right, the operative word being "fairly". Renqhuist appears to believe that the only improper judicial behavior is that of corruption.

[Brad’s Gramma]

Now, please?!

[wagglebee]

If I had to guess, I would say that Rehnquist has already informed Bush and the other justices of his retirement, they are just waiting until after the inauguration to announce it. It will be interesting to see who swears Bush in two weeks from now. And if I am correct, this also means that Gonzales WILL NOT be appointed to the Supreme Court.

[BobL]

Agree with everything. I think Rehnquist was waiting to make sure that nothing came of the election challenges. He knows that he must leave.

[xzins]

A lifetime, unelected judiciary, in my opinion, is an idea that's proven wrong. It sits with the divine right of kings as something that had it's day, but its day has proven it wrong-headed.

While judges are useful, they clearly need to be rotated....I'd say on the same schedule as senators. If we've ever had demonstration of Lord Acton's famous quote, we've surely had it in democracy's oligarchy, it's unbridled, unreined, UNELECTED, UNDEMOCRATIC judiciary.

[wagglebee]

The problem is that a "rotating" federal judiciary would make the judges even MORE PRONE to making rulings based on political ideals. The purpose of a lifetime appointment is to take politics out of their rulings; however, the activist judges use their position to become even more political. I think the real answer is to impeach judges who blatantly disregard the law simply to advance an agenda.

[BobL]

"The problem is that a "rotating" federal judiciary would make the judges even MORE PRONE to making rulings based on political ideals."

I tend to agree. I don't see any use in replacing one bad batch of judges with another. The impeachment hurdle is VERY high (I think 2/3's of the Senate). We probably won't have much luck in that area until we finally finish off the Dems, and some more responsible political party takes their place.

[jrpascucci]

I'm wondering, given such abominations as the 9th circuit, if there's not a role sometime soon for judicial reConstructionists. Beyond constructionists or objectivists, judges who who will always reject stare decisis in favor of a constructionist interpretation.

If the activism goes on much longer, like termites in the center-beam, it's going to corrupt the edifice of law in its entirety, and will need massive upheaval to return to a semblance of what it was intended to be. The short-term shake-up inherent in a full reevaluation of non-constructed opinions will prevent a longer, langorious decline.

Thomas, I think, leans in this direction, although not so stridently. Maybe we really _do_ need more of those 'conservative' judges. I bet they'll be called 'reactionary', because it's certainly that - a reaction to the dumb-ass things activists have done to date.

[xzins]

In my mind, I have acknowledged that they are partisan politicians, and that the power is too great to be withstood by humans.

Rotating them via election recognizes that they are partisan. It provides a means for regular, thoughtful course correction.

[wagglebee]

Hell, we couldn't even impeach a sexual predator when even his supporters were acknowledging he committed perjury.