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Judicial activism?

 
 
flaja
 
Reply Wed 2 Jan, 2008 07:02 am
The political right and libertarians in this country constantly complain about "liberal" judges legislating from the bench rather than upholding the Constitution.

Can any conservative or libertarian here give some examples of how judges have legislated from the bench? Are there concrete examples of how this has happened, or is the claim just campaign rhetoric?

And if liberals on the bench have been "activist" judges, and the right says activism is bad, how will any of these activist rulings ever be overturned if conservatives don't engage in some activism of their own? Conservatives often complain that "we cannot do such-and-such until we can appoint some more judges to the bench and get the courts to change their mind". But, isn't this simply a campaign ploy whereby conservatives can say they want something, but then never take the responsibility for achieving it?
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Type: Discussion • Score: 1 • Views: 498 • Replies: 9
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joefromchicago
 
  1  
Reply Wed 2 Jan, 2008 10:09 am
Here's one example of judicial activism.
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blatham
 
  1  
Reply Wed 2 Jan, 2008 10:22 am
More here... http://www.nybooks.com/articles/20899
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Setanta
 
  1  
Reply Wed 2 Jan, 2008 10:25 am
That's an excellent article, Mr. Mountie, thank you.
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blatham
 
  1  
Reply Wed 2 Jan, 2008 11:07 am
Setanta wrote:
That's an excellent article, Mr. Mountie, thank you.


My pleasure. Of the opinion journals left standing, nothing else comes close to this publication, I think. Take a look too at the Massing piece in that issue and the David Cole piece in the earlier issue... http://www.nybooks.com/index

And by the by, Time Warner has successfully lobbied the US Postal Service to increase rates for delivery of such (relatively) small journals and to decrease rates for Time Warner type magazines. "The Nation" estimates this will increase its cost by a half million a year.
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Setanta
 
  1  
Reply Wed 2 Jan, 2008 11:12 am
The Girl has arts and letters daily as her home page, which is a web site maintained by the Chronicle of Higher Education. I find a great many interesting articles listed on that page: the Arts and Letters Daily page.
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blatham
 
  1  
Reply Wed 2 Jan, 2008 11:18 am
Yeppers. It isn't my home page but it has sat atop my 'favorites' since before I found abuzz and it is from there where I begin my reading each day.
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flaja
 
  1  
Reply Wed 2 Jan, 2008 12:47 pm
joefromchicago wrote:


No it was not. Al Gore was asking the state of Florida to selectively apply its election laws thereby denying George W. Bush and his supporters in Florida equal protection of Florida's law, which is unconstitutional according to the 14th Amendment to the U.S. Constitution.
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joefromchicago
 
  1  
Reply Wed 2 Jan, 2008 01:19 pm
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Setanta
 
  1  
Reply Wed 2 Jan, 2008 01:27 pm
joefromchicago wrote:
The supreme court's interference in the recount, which was ordered by the Florida supreme court, clearly constituted the kind of "judicial activism" that conservatives incorrectly assume to be the exclusive province of liberal judges.


Here, let's have that once again.
0 Replies
 
 

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