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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?


To: LindyBill who wrote (141607)10/4/2005 1:43:44 AM
From: Nadine Carroll  Read Replies (1) | Respond to of 793955
 
The first was that these rulings alienated ordinary Americans who just could not see how the Constitution banned school prayers but protected obscenities. Frustration still seethes at liberals who try to impose their values on the heartland, and one consequence has been the rise of the religious right.

The second objection is that conservatives can play the same game of judicial activism to advance a social agenda. Alas, they already are.


Yup, and yup. File under "Be careful what you wish for."

Good column from Kristof.



To: LindyBill who wrote (141607)10/4/2005 11:17:37 AM
From: D. Long  Read Replies (1) | Respond to of 793955
 
The left went to the Supreme Court to achieve a range of victories it could never have managed through the political process: barring school prayer, protecting protesters who used four-letter words, guaranteeing lawyers for criminal defendants, and securing a right to privacy that protected contraception and abortion

These are Kristof's examples of judicial activism? The first two are plain constitutional provisions of the bill of rights that limit state power: the establishment clause, and the free speech clause. The third is inherent in a fair trial and due process. The fourth is the one that doesn't have clear and obvious constitutional support. It's all thosesubstantive due process vaguaries that are examples of the court stretching the bounds of the constitution.

Derek