Judicial Activism

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This country, The United States of America, was born from the from the desire to be a people that wanted its will and desire to be reflected in the laws under which it existed. The government it chose was designed to implement that desire and to be preserved over time from being morphed back into one reflecting the will and desire of a sovereign or of a single class of individuals.

Those who codified the design of the government summarized the people's will in a document - The Constitution - and thought enough of the specific threats to the fundamentals of that will to have a government, (summarized by Abraham Lincoln as being of, by and for the people), that they embodied protections against those threats in a sort of "Ten Commandments" within The Constitution called the "Bill of Rights".

Further, lest any single individual or small group of individuals wrest control of the government they carefully divided the government's functions into three, equal, separate,  yet interrelated branches - The Executive, Legislative and Judicial branches - none of which could act unilaterally and still act legally within the confines of The Constitution

Over the past half century there has emerged the single most dangerous threat to whether this nation's government, as designed and implemented by its founders, shall endure. This threat is called "judicial activism". What this threat is, in reality is judicial advocacy -  advocacy for the vision of the Anointed from the bench. Because the Anointed, in their wisdom and vision, believe themselves to be superior to ordinary people, they hold their vision to be superior to the will of the people as defined and described in the laws enacted by the people's representatives. Many judges today have joined the Anointed and have become two governing branches - legislative and judicial - in one. If they disagree with the will of the people they feel no compunction in brushing it aside in order to render decisions consistent with their vision, the vision of the Anointed. They have no concern that they are creating legislation though they legally have no right to do so. After all, since they are superior, if the people's laws don't agree with their vision then the people's laws must be flawed! Any judges that do not fit this mold continue to be attacked and denied decision making positions in the most virulent and extreme ways because, at least subconsciously, the Anointed recognize that judicial advocacy is the single, most effective strategy for overcoming the barriers to their exercising their "superiority" that were put in place by the founders of this nation. This is not a new idea. The politicizing of the judiciary was one of the principle factors that enabled the Nazification of pre-World War II Germany.

Let it be noted also that only most recently has this tendency become so blatant that some unrest among the benighted may be discerned.

Nevertheless, the demise of this country is more likely to come about over time then in the heat of battle. Real terrorists don't kill people - they quietly strangle societies.  They're working on ours with some significant success right now.

Remember, judicial advocacy carried to its logical limit becomes judicial tyranny and tyrants beget revolution. How far from judicial tyranny are we today? Think about it.

This site was last updated on 12/28/08.

Copyright © 2008 C. V. DiGiovanna
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