A beautiful definition of what constitutes judicial activism

In preparation for a possible Supreme Court ruling overturning ObamaCare, the Left is already hysterically screaming about the Supreme Court’s judicial activism.  The Wall Street Journal will have none of this, and provides a simple, elegant definition of what constitutes actual judicial activism:

Judicial activism is not something that happens every time the Supreme Court overturns a statute. The Justices owe deference to Congress and the executive, but only to the extent that the political branches stay within the boundaries of the Constitution. Improper activism is when the Court itself strays beyond the founding document to find new rights or enhance its own authority without proper constitutional grounding.

The rest of the article is worth reading too.

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  • Wolf Howling

    The left is on a full scale assault to redefine “judicial activism” to mean simply me striking down a law that they like, wholly without reference to the Constitution.  According to the left, this is a violation of well established Supreme Court precedent since the New Deal.  That is a laughable argument.  The reality is that if the Supreme Court strikes down the mandate and the entire AHCA, they can and likely will do so without overturning a single New Deal precedent.  And I say that with a good deal of sadness, believe me.  Their basis for overturning the law will be that it marks a fundamental expansion in the power of the government not within the framework of the Constitution.  As Judge Vnson pointed out, it would mean that we would now have a federal government so all powerful that it could have forced all of the rebels who took part in the Boston Tea Party to buy East India Trading Company tea.  

    This attempt to redefine “judicial activism” is the same Orwellian word game played by the left since its inception.  It is as deeply cynical as North Korea naming itself a “Democratic Republic,” and done for precisely the same reasons.     

  • http://ymarsakar.wordpress.com Ymarsakar

    Executions are something that cannot be countered by word games.

  • Zhombre

    Once again, Obama in his public utterances proves he is shallow, arrogant, and poorly educated.  Not to mention unprincipled.