Friday, February 4, 2011

Judicial Activism? Are You Kidding Me!

Since the moment that Judge Roger Vinson declared that Obamacare was unconstitutional the left has been howling that this ruling was nothing more than a clear example of judicial activism.


You have to be kidding! This is more than lefty spin, this is a grotesque distortion of reality. It is humorous to watch the left act so surprise though.  People and politicians have been screaming that this bill is unconstitutional since before it was signed into law! At least 26 states are joined and united in pressing their law suit because they know the law is unconstitutional. This is a classic "the Emperor has no clothes" moment and yet the left has the audacity to act surprise. "What? Hey! How did that happen! This must be judicial activism!"


Judicial activism is when the courts use their power to expand the role of government beyond what a law says or was intended for. Kelo v. City of New London, is an excellent example. Here a law that was intended for using 'eminent domain' or the taking of private land into the public trust for the benefit of all was extended to include the taking of private land and handing it over to private for profit business. Eminent domain was created so that roads could be built, power lines extended to distribute electricity to all, maybe even to build a library or police station. It was never intended to be a vehicle for well connected developers to get below market prices for real estate ventures that, if everything goes correctly could possibly benefit the community if the venture is a success. The court extending government powers to include that type of scenario is a clear case where the court created new law or powers that should have been created as legislation by the representatives of the people.

The opposite of judicial activism is when the courts use their powers to limit the power of government, beyond the enumerated powers that the constitution provides for. That's what Judge Roger Vinson did and that's why he is a constitutionalist.
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