The Law and the Courts: Judicial Tyranny

"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

It's the People, Stupid

Prop. 8, among other things, is a serious attempt to reclaim control of the California Constitution by its citizens. It's partly about marriage, of course. But it is certainly also about the fundamental question of where ultimate constitutional authority rests.

California's Supreme Power Grab

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

Bad Behavior

With the battle over President Bush's federal court nominees heating up, there's been a lot of talk among Christian conservatives about how almost every area of life they care about—the education of their children, who's allowed to marry and even the decision of when a loved one dies—seems threatened by out-of-control courts.

Q & A - Judicial Activism

Judicial activism is the term used to describe the actions of judges who go beyond their constitutionally prescribed duties of applying law to the facts of individual cases, and legislate from the bench. These judges create new consitutional rights, amend existing ones, or create or amend existing legislation to fit their own notions of societal needs.