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Politics : Politics for Pros- moderated
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To: TimF who wrote (115726)5/24/2005 11:16:16 AM
From: Lane3  Read Replies (3) of 793800
 
If the constitution really did guarantee them than it wouldn't be judicial activism.

Exactly. I think they are guaranteed thus it's not judicial activism to assert them.

The conservative reaction is that the tool used was anything but the best for the job, both from a legal and constitutional standpoint, and from the idea that major changes in a democracy should have a degree of democratic legitimacy, and in the practical sense that the courts are a poor tool to work out some compromise where at least a big chunk on

I understand and agree with that point in principle. But only to the extent that the judicial decisions go beyond striking down laws that violate constitutional rights.

If something violates constitutional rights, how can the court say it's OK to perpetuate the practice while society catches up and changes the laws? If it's a rights violation, you have to stop it dead in its tracks. There's no option to say it's unconstitutional but we'll let you keep doing it.

I think where judicial activism comes in is where the court makes up law. Take Roe v Wade. The court didn't just strike down the law, which IMO it should have. It went on to impose this trimester thing. I call that part of it activism. It would have been better for the court to say that there's a right to privacy and states can't ban abortions altogether and then let the states figure out what abortion restrictions there could and should be.
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