The Law and the Courts: Judges

"There is no power above them, to control any of their decisions. There is no authority that can remove them, and they cannot be controlled by the laws of the legislature. In short, they are independent of the people, of the legislature, and of every power under heaven. Men placed in this situation will generally soon feel themselves independent of heaven itself." - Robert Yates ("Brutus"), Anti-Federalist Papers XV, 1788.

Activist judges who manufacture new constitutional rights out of whole cloth and legislate their own social policy preferences from the bench have infuriated Americans for far too long, bringing the subject of selection of judges to the forefront of the current culture war and political debate. This section will explore the selection of our state and federal judges, from state judicial voter guides to Senate confirmation proceedings. It will discuss judicial philosophies such as "living Constitutions" and "originalism" that guide judges in making their decisions, and highlight specific judges, good and bad, in an attempt to educate and inform.

Features

De-bunking Filibuster Myths about Judicial-Nominee Filibusters

In the ongoing public debate over the use of the filibuster against the president's judicial nominees, many pro-filibuster "talking points" are woefully inaccurate. This article provides analysis of some of the better-known allegations quoted as fact by liberal senators and dutifully reported in the media.

Samuel Alito on Religious Freedom

In an era of increasing secularism, liberal judges relentlessly campaign to silence religious expression in general, and Christian expression and speech in particular. Judge Alito's judicial opinions stand in sharp contrast to the ever-increasing anti-God din.