American History

© Roger Saunders

Judicial Activism

  1. Brian Tubbs

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1.   Aug 9, 2007 6:11 PM

» Feature Writer Brian Tubbs - The Legacy of Judicial Activism


Alexander Hamilton called the judiciary the "least dangerous branch" because, in part, it was to have no "will." In other words, Hamilton saw the courts has having NO agenda. They were to be the referees of our political / governmental system.

Those favoring judicial restraint (like myself) agree with Hamilton. Even though they should be allowed to discern implications in the law (as Hamilton allowed for - he was not a strict textualist), the courts should NOT comprise another policy-making branch of government. Their purpose is not to make policy or change the meaning of our laws. Rather, their purpose is to serve as neutral - yes, NEUTRAL - arbiters of disputes concerning the understanding and application of our laws.

When I speak of Judicial Activism, I speak of beliefs and actions contrary to the standard discussed above.

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Feature Writer Brian Tubbs
Feature Writer for Protestantism


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