Originally created 09/30/97

Calls for end of judicial activism



One of the most serious problems facing Americans and the makers of public policy is judicial activism.

In the last 40 years, there has arisen a concept among some members of the judiciary that somehow the Constitution of the United States no longer means what its creators said it did.

In an attempt to redress what they view as the social needs and inequities of American life, they have resorted to literally rewriting the Constitution in ways that would have the founding fathers spinning in their graves. There is hardly a day where we are not treated to legal decisions which fly in the face of any legitimate sense of justice or morality.

Let me quickly point out that this is not a question of liberal versus conservative philosophy. Far from it. Americans should fear an activist of either persuasion.

These judges put their own personal convictions above the law and the will of the people as expressed through their elected representatives. These are the judges who have stood the American civil and criminal justice system on its head and are singularly responsible for a great majority of the cynicism that pervades the modern American spirit.

This will no doubt become a topic of concern in coming elections.

What can be done to stem this tide of destruction? Many feel that the U.S. Senate must begin to exercise its constitutional duty to examine those candidates who are nominated by the president. They must investigate not only the technical qualifications of the nominee, but also his/her judicial philosophy.

America cannot survive another 40 years of judicial activism.

Philip A. Williams, Augusta