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Politics : PRESIDENT GEORGE W. BUSH
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To: dvdw© who wrote (109185)12/11/2000 7:23:49 AM
From: U Up U Down  Read Replies (1) of 769670
 
Judicial activists around the country have ignored the Constitution's separation of powers in order to become the
grand second-guessers of everybody else, whether executive,
legislative or private.
They do this by pretending to "interpret" the law . . . even
when they interpret the law to mean the direct opposite of
what its plain words say. This has been the pattern of judicial
activists at all levels, including too many U.S. Supreme Court
justices. Justice William J. Brennan's "interpretation" of the
Civil Rights Act of 1964 to permit quotas and preferences
that it plainly forbade was a classic of this sheer brass in the
Weber case of 1979.
The time is long overdue to stop regarding judges as little
tin gods who can do no wrong. An independent judiciary
does not mean a judiciary independent of the law. If it does,
then we can forget about being a free and democratic nation.
We are just the serfs of whoever happens to be on the bench.
What choices have the judicial activists left us? Other
officials could disregard the courts, as President Andrew
Jackson did when he said, "John Marshall has made his
ruling. Now let him enforce it." But that would be answering
cynicism with cynicism . . . and no society can survive on
sheer cynicism.
We could just bow to our betters on the bench and
relinquish the freedom that so many Americans have died to
protect. Or we could start impeaching judges who overstep
the bounds of the law.
The spin will be that politicians are just punishing judges
for decision that they don't happen to like, when in fact
judges would be removed for violating their oath of office by
failing to follow the law. Are we afraid to face a little spin to
protect what others before us have faced death for?

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