Judicial Issues

Judicial Analysis

“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.

Pick of the Week

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 constitutional rights, amend existing ones, or create or amend existing legislation to fit their own notions of societal needs. read more

Recent News

Kagan Apparently Influenced Second Medical Group on Partial-Birth Abortion

Although the questioning of Supreme Court nominee Elena Kagan by the Senate Judiciary Committee has ended, questions remain concerning serious discrepancies in her testimony and her involvement in redefining medical policies on partial-birth abortion. read more

Featured Blog

Kagan 'Seriously compromised the integrity of the U.S. federal judicial process'

Elena KaganYou may recall that I outlined Supreme Court nominee Elena Kagan’s interference with the drafting of the 1997 policy statement of the American College of Obstetricians and Gynecologists. Americans United for Life, which first examined Kagan’s involvement with the Clinton Administration in frustrating Congress’s attempt to ban the procedure, has issued a report that ties all of the the various pieces of the story together. read more

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