Mama mia! Maxed Out Mama has written Establishing A Priesthood Of The Law, and raised the question: “Can a representative form of government survive such an assumption of power by a judiciary appointed to lifetime positions? ”
“It is difficult to find any logical limit on the scope of this assumed judicial power save that of the judiciary’s own self-restraint.”
There will be quite a fight before the status quo of decision-making gives up their back door to running the country their own way, despite the voted will of the citizens. Is it any wonder the Democrats are so fiercely filibustering and standing upon their privilege to do so?
We send troops to Iraq to make way for a democratic form of government…will we now bow to an oligarchy usurping our own?
And it is an usurpation.
The struggles for self-rule are increasingly fought in our courts, …there is more to this filibuster question than just congress floor pyrotechnics. Because of the precedent in law-making that activist judges have created, they are now frightened, and those who hold their same shade of politics, that the judges they don’t approve of may now implement law.
It’s scary when your own bogey man comes to bite you, isn’t it?
It is time to reinstitute some of our original consitutional intent into our government. To reinstate the balance of powers. To take our knocks when our favored political party doesn’t hold sway so much as it once did. It is time to remember Lex Rex, and that if we parlay our variable relative theories of morality in variable theories of law, we will move too far away from the finely balanced system that has served freedom so well.
It benefits all to realign the power of the judiciary to what it is called to be constitutionally, and away from the dangerous evolutionary pathway it is now taking.
Or Chaos could become more than a theory*.
Can we turn this around? Or have we so embraced the idea of Oliver Wendell Holmes, Jr., in an ideal of positivism, and the remaking of Lex Rex into our very own plasiticine ‘Living Constitution’? Your Standard is whatever it wants to be (with the man behind the curtain…never mind him…..)
There are many indicators, just open your eyes: The Supreme Court and the juvenile death penalty
A morally good result, supported by less-than-convincing reasoning
This is not a question that will go away, we do have judicial activism, and it is eroding our freedom, undermining the moral integrity of our entire system, which we call a democracy. You might have blinked and winked at Roe vs. Wade… then averted your gaze from the Religious Freedom Restoration Act, but it will come time to pay the piper for the little dance with political dismissal of the original Constitution and its stated intentions.
Have you the fee in hand, which may be the price of your precious freedoms?
*(apologies to the scientific community…at whose expense I make my points)