judicial activism
Judges, marriage and self-government
In referring to our form of government, Alexander Hamilton once said, “Here sir, the people govern”. But given the actions of some of the more arrogant members of our judiciary, there seems to be room for doubt.
In 2000, the people of California approved a statewide referendum defining marriage in that state as the union of one man and one woman, but in 2008 their state supreme court threw out that law (by a four to three vote of the court).
So in November, 2008 voters approved a state constitutional amendment to overturn their supreme court’s decision and again take control of the definition of marriage in their state, just as voters in over thirty states have done.
It has been a mass expression of sovereign will on a single subject unlike few (if any) others in our nation’s history – and one at which activists judges continue to thumb their noses.
A few weeks ago, federal district Judge Vaughan Walker gave us the latest example of contempt for popular sovereignty by overturning California’s state constitutional amendment. It’s only the latest round of what has been an ongoing battle with activist judges.
The problem is that we have too few real judges in our country, and far too many would-be judicial oligarchs who see themselves as the “supreme” branch of our government, rather than just one of three. It’s the product of a philosophy that sees our constitutional structure as an eighteenth century anachronism, rather than the law of the land. read more »
It’s The Economy, Stupid!
It’s an amazing thing to see. After Judge Vaughn Walker ruled just exactly as he had telegraphed he would, the resultant uproar was bigger than I even thought it would be. I wrote about this on July 5th and predicted an anti-DeMarxist reaction. I admit it, I was wrong.
People were far angrier about the judicial theft of the legal votes of Californians than I thought they’d be. Comments came in from around the nation from angry people who are getting more angry and more determined every day. If those in the gay movement think that this has gained them any friends, they may need to reassess their strategy.
It’s like this. We were really angry before the Judge Walker ruling. That anger was mostly against the left in general, the President, his Congress, and the rats nest of radical leftists that inhabit Obama’s administration. That the gays happened along with their suit at this time is unfortunate, because a lot of people who would normally be at least neutral towards gays and their issues will be painting them with a wide brush, as the country begins to backlash against all things liberal. read more »




