Most Americans see ‘judicial activism’ crisis

Posted on September 30, 2005

Legal experts shocked by results of survey by American Bar Association publication.

Legal experts are shocked by a new survey showing more than half of Americans believe “judicial activism” has reached a crisis stage, according to the ABA Journal.

“These results are simply scary,” said Charles G. Geyh, a constitutional law professor at Indiana University School of Law in Bloomington.

The American Bar Association publication, which commissioned the poll, said 56 percent of respondents strongly or somewhat agreed with the following two statements:

A U.S. congressman has said, “Judicial activism … seems to have reached a crisis. Judges routinely overrule the will of the people, invent new rights and ignore traditional morality.”

A state governor has said that court opinions should be in line with voters’ values, and judges who repeatedly ignore those values should be impeached.
“These are surprisingly large numbers,” Mark V. Tushnet, a constitutional law professor at Georgetown University Law Center in Washington, D.C., told the ABA Journal.

The Opinion Research Corp. called 1,016 adults nationwide in early September, but did not include residents of Alabama, Louisiana and Mississippi, due to Hurricane Katrina.

The survey found 46 percent strongly or somewhat agreed with the opinion expressed in a third statement:

A U.S. congressman has called judges arrogant, out-of-control and unaccountable.

I don’t see what is so shocking. I’m shocked it wasn’t 90% who can see the obvious. It is completely clear to me that the judicial activism is out of control. Every single day we see decisions that strip our liberties away. We watch as judges give the federal government the power to take our private property away, and use international law in their decisions…and Congress doesn’t do a damn thing about it.

John O. McGinnis, a professor at Northwestern University School of Law in Chicago, said that problem has been developing over a long time.

“I think, for most of [the past] century, the idea of the Constitution as a document that should be interpreted formally and without regard to the judge’s own values has been under attack.”

Referring to recent judicial nominee hearings on Capitol Hill, McGinnis said lawmakers on both sides of the aisle are conducting judicial confirmation hearings as though the candidates’ personal political views are relevant.

“Everyone thinks that’s what [judges] do, and they just want their own values” to be reflected by the judiciary, McGinnis said.

Congress bows to the life term black robes, and if anyone can not see that the judicial branch’s power is out of control they need a wake up call. What needs to happen is term limits. Ten years, and then go before a panel for review, or at least be impeached when the legislate from the bench. Judges personal views have no place in their decisions. There job is to interpret the Constitution, not write laws.

Congress has the power to do something about it, but they don’t. Its time for America to wake up, and let their voices be heard by those who we pay to represent us. I can harp all day long about the ACLU, but its just as much the fault of corrupt judges ruling in favor of twisting the Constitution to their own views, even using international law in the process, as our liberties get stripped away. We can harp all day long on the ACLU, the judges, and Congress, but if we don’t stand up and do something about it…tell those who represent us to REPRESENT us…we have no one but ourselves to blame.

Contact Your Congressman and tell them to do something about the out of control judicial activism, before its too late, and all our liberties are stripped away.
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