CourtZero.org

Title

CourtZero The People Confront Judicial Activism

Description

It is not our intent to change our form of government. We cannot stress enough that our Constitutional scheme of government, by the consent of the people willingly handing their authority to the three branches of our government, is a unique and wonderful idea. That doesn’t mean that the system can never malfunction, and today there appears to be a major malfunction in the courts. The problem can be fixed, we believe, with Constitutional means of exercising checks on the judiciary. We need a cooling-off period, a time when the courts resist the temptation to step outside the will of the people and make sweeping changes to our society. If this means putting a padlock on the doors of certain federal appellate courts, then so be it. This will work if the people become more educated in the law and less willing to be governed by decrees from the bench.

As a citizen and a father, I would like to see our society evolve and grow in a manner that allows for all those who have a stake in the nation to reflect upon issues, debate them, and determine the best course. Judges are increasingly taking the opportunity for that away by mandating radical shifts in an instant.

As an attorney, I am sworn to uphold the Constitution, and am demoralized to see how politicized and mercenary my profession has become, as well as how the quality of advocacy and jurisprudence has declined. Many of the recent decisions affecting us all seem to leap over the principles and reasoning I learned in law school, and I am left with the conclusion that following the law, even common law evolved by judges, means little to the activist courts.

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