Tuesday, July 21, 2009

Whose is the activist

Why are the Republicans always accusing the Democrats of being activists, especially when it comes to judical appointments?

It doesn't matter where on the political spectrum a judical nominee is. The act of interpreting the law and/or the Constitution is an act of forming policy. It can't be avoided. Interpreting the law or the Constitution always sets policy. If it is the Conservatives doing the interpreting, why isn't this considered forming policy? Are Conservatives the one true religion? Conservatives every bit as much as liberals have their own agenda, their own personel views, their own philosophy that very much influences how they interpret legal issues. Who appointed Conservatives as the sole holders of what the Founding Fathers intended in the Constitution?

If the Supreme Court had voted to ban abortion, that is activism. If racial policies had gone the other way back in the 60s Court, that also would have been activism. The Patriot Act which abridges our individual rights is Conservative activism. Activism is activism whichever side wins the day.

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