Judges are supposed to have absolutely no place in creating laws. The way its supposed to work is that the Legislature makes laws, the Executive (Pres) enforces laws and the Judiciary makes sure that the laws are legal. That's worked really well for a very long time.

Judicial activism is what happens when rulings from the bench create de facto laws. By blatant abuse of their powers, judges take on the properties of the Executive and the Legislature. This is bad. What you have here is the body that is supposed to be a check against the creation of bad laws acting AS a body creating laws. You also get the beginnings of an oligarchy as the 9 unelected members of the Supreme Court (appointed for life, remember) become the first word on laws as well as the last word.

So judicial activism is a very bad thing and it must be stopped. The Legislature has a plan that nominally addresses the problem on the way to doubling it. The Congressional Accountability for Judicial Activism Act of 2004 would let them overturn Judicial decisions.

Let's review - the problem is that the Judiciary is using assumed powers to create laws. Congress' answer is to grant themselves veto power over the Judiciary. Put another way, in order to stop the Judiciary from creating as well as judging laws, Congress wants to give themselves the exact same set of powers.

Fucking morons.

(Hat tip to Dopple-G)

Posted by: Jim at 01:40 PM | Comments (3) | Add Comment
Post contains 258 words, total size 2 kb.