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Brian Tubbs
- Judicial Activism
The Founding Fathers DID envision a nation that stretched from sea to shining sea. Some of them, like Alexander Hamilton, foresaw the U.S. becoming a global superpower.
Judges aren't robots. They are human, and that's why Madison, Hamilton, et al pushed the "checks and balances" system into play. Today, however, the executive and legislative branches are pretty well checked. Not so the judiciary. The courts have run amok. This should not be the case.
The only time the courts should intervene to counter the legislative process is when the lawmakers defy the Constitution. But that should only be done when the lawmakers defy the Constitution AS IT IS - NOT as the courts want the Constitution to be.
You say that laws evolve. Well, who supervises this evolution? The courts? If so, they are a lawmaking branch. That was never their purpose.
I will admit that society evolves. And thus laws need to change. But there is a PROPER way for that to happen - the legislative branch.
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