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Wednesday, April 14, 2010

Judicial Activism, Judicial Restraint

Should local, state, and federal judges and the Justices of the United States Supreme Court be practitioners of judicial activism or of judicial restraint? The responses to that question have often demonstrated that it is a very polarizing issue?

Should our judges and the Supreme Court Justices intrepret the meaning of local and state statutes, of federal laws and regulations, and of the state and national constitutions? Or should they take the regulations, laws, and constitutions literally word for word without any intrepetyation at all?

There is an entry over at Writes Like She Talks that starts out with the following:
"I’ve written on defining “activism” before but this op-ed in today’s New York Times is superb, as an op-ed and as an argument for why U.S. Supreme Court Justice Antonin Scalia is as activist as was the late U.S. Supreme Court Chief Justice Warren Burger. From professor of law, Geoffrey R. Stone (University of Chicago – yeah yeah yeah where President Obama taught) who also is an editor of The Supreme Court Review, ..."

I highly recommend highly that you click on over to read Judges, Conservatives, Liberals: We Are All Activists as written by Jill Miller Zimon.


Jill said...

Thanks for still reading, Roland. I have yet to really understand how it is that those of us who see it this way either are outnumbered by those who don't or just not loud enough or what - it sure doesn't feel fringe to feel this way, but why don't more people feel this way, you know?

Roland Hansen said...

No problemo, Jill.
Far too many people do not understand the judiciary process nor its legitimate role, let alone our entire governmental processes here in the U.S.A.
Far too many people express views contrary to ours that are formed out of ignorance (I use that word as a descriptor not a negative adjective reflecting on those with opposing viewpoints); and, they are generally ill-informed on the specifics.
Unfortunately, it appears the majority of people just plain do not take an interest in any of the branches of government nor of the appointed and elected officials unless they have a vested interest in a specific person, issue, or topic.
As far as those in agreement with you and me who appear to be silent, my best guess is that they do not wish to leave themselves open to violent, venomous, personally verbal attacks that those with opposing beliefs often spew forth without regards to the merit of the topic of discussion.