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The Issues: Cultural Battles Being Fought In the Judiciary

“… I feel very stongly about those social issues, but I also place my confidence in the fact that the one thing that I do seek are judges that will interpret the law and not write the law…..

We've had too many examples in recent years of courts and judges legislating.They're not interpreting what the law says and whether someone has violated it or not. In too many instances, they have been actually legislating by legal decree what they think the law should be, and that I don't go for.” 

 
- Ronald Reagan[i]   

The unique danger presented by judicial activism ultimately threatens the very freedoms and privileges that this nation’s government was originally designed to protect and defend.  Since the establishment of the Federal Judiciary, judges have flirted with the temptation – and at times given into the temptation – to infuse their rulings with principles not found in the laws of the land.

The drafters of our Constitution understood that necessity of having a method to change the Constitution according to the views of successive generations.  Accordingly, Article V of the Constitution provides a means for amendment through the People and their elected legislative representatives rather than by a few unelected, activist judges.  Any attempts to amend the Constitution by judicial ruling subvert the law and the spirit of the Constitution.

In fact, very first Section of the very first Article of our Constitution provides that “All legislative powers herein granted shall be vested in a Congress of the United States….” (Art. I Sec. 1; emphasis added).  No authority to make laws – by active mandate or passively ignoring established law – is granted to the Judicial Branch.

Please follow the links to your left and below to further understand how activist decisions have attempted to alter American law – and the Constitution itself – in ways that infringe on your rights and freedoms.

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