Saturday, March 05, 2005

Activism runs rampant

I've heard a lot of talk on TV and among my friends complaining about the "activist court," and the Court's desire to increase their power. I find this interesting, because most of the complaints about the Court's power usually has a starting point at Congress, who has a powerful history of triying to increase their power over the other branches, the states, AND the citizens, from Hunter's Lessee on. I hear complaints that the Judiciary should not be selected for life, and rather they be chosen for a specific term. I find this concept dangerous for the people of the country. Right now, the Court, by Article III, section 1, can hold their office during periods of good standing. If this is amended, it would put more pressure in politics, because the justices would be necessarily tied to a political party. It's this distancing from the political parties that makes the Court as effective a check on Congressional power as it is.
Remember, every time Congress wants to take a check or any other power from another branch of government, that shift has to go somewhere else, and most of the time, that somewhere else is Congress itself, which is scarier than anything an "activist court" could ever come up with.

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