10-15-2018, 09:56 AM
In the wake of the Kavanaugh hearings and with the midterms looming and that being a potential major factor, I heard a discussion about how the courts shouldn't be something to campaign on for the Senate that made me think about bringing the discussion here. There have often been discussions about "activist judges" and "legislating from the bench," often complaints coming from the side that has lost in the battle. Whether it be Citizens United or Obergefell, the losing side, no matter the ideological bent, complains that the courts are subverting the will of the people through their elected representatives (or another mixture of words that is saying this at the root).
Now, I am one that defends "judicial activism" as necessary at times, and I stand by that defense. It is something that is necessary, but it is necessary because of the failure of our legislative branch to pass the laws needed to do these things. So much of what we have seen in the era of civil rights would not exist were it not for the judicial branch, which is not how it should be. We should be forcing our elected representatives to do their jobs rather than passing on their responsibility to the bench which has created a more politicized judiciary (there are other factors as well, but this is a big one).
Congress has passed off their power to both of the other branches in our government in such a way that it is furthered the way our government is not representative of the people. They have forgone governing in favor of tribalist agendas. So it was just a thought to me about how any time we think about how the courts or the POTUS are overreaching, we need to be looking at Congress to place blame. If they were doing their jobs, then the other two branches wouldn't have those opportunities.
Now, I am one that defends "judicial activism" as necessary at times, and I stand by that defense. It is something that is necessary, but it is necessary because of the failure of our legislative branch to pass the laws needed to do these things. So much of what we have seen in the era of civil rights would not exist were it not for the judicial branch, which is not how it should be. We should be forcing our elected representatives to do their jobs rather than passing on their responsibility to the bench which has created a more politicized judiciary (there are other factors as well, but this is a big one).
Congress has passed off their power to both of the other branches in our government in such a way that it is furthered the way our government is not representative of the people. They have forgone governing in favor of tribalist agendas. So it was just a thought to me about how any time we think about how the courts or the POTUS are overreaching, we need to be looking at Congress to place blame. If they were doing their jobs, then the other two branches wouldn't have those opportunities.
"A great democracy has got to be progressive, or it will soon cease to be either great or a democracy..." - TR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
![[Image: 4CV0TeR.png]](https://i.imgur.com/4CV0TeR.png)
