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The Law and the Courts

"If, in the opinion of the people, the distribution or the modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed." – George Washington, 1796 Farewell Address

"It is a very dangerous doctrine to consider the judges as the ultimate arbiters of all constitutional questions. It is one which would place us under the despotism of an oligarchy." - Thomas Jefferson

From the days of the Founding, we have always been suspicious of too much power in the hands of judges. This section explores the cases and the consequences of judges going beyond their constitutional duty of interpreting law - instead mandating new social policies from the bench - and the impact on our religious liberties, on the family, and on society in general.
 

Features

Does Same-Sex 'Marriage' Affect My Marriage?

Let me count the ways.

It's the People, Stupid

Who really controls the California Constitution?

California's Supreme Power Grab

Marriage decision sets up high court as the ultimate legislature in California.

Progress in the Courts

Focus on the Family Action's judicial analyst, Bruce Hausknecht, Esq., comments on the legacy of George W. Bush's judicial nominations, future issues, and lessons learned.

COMMENTARY: Laci’s Legacy

Her murder, and that of her preborn son, Conner, inspired state and federal laws that frighten liberals, but shouldn’t.

Q & A - Judicial Activism

Judicial activism defined, the proper role of judges explained, and the constitutional way to adjust to changing times.

‘Fairness Doctrine’ Is A Code Name For “Censorship”

Alan Sears analyzes the Left's attempt to resurrect this attack on free speech.

How to Obstruct a Federal Judicial Nominee

Here's your unofficial Senate liberal playbook for 2008.

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