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View Diary: A Little Reminder About 'Judicial Activism' (172 comments)

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  •  Striking down laws is not a good measure of (2+ / 0-)
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    cardinal, PLCOT

    Striking down laws is not a good measure of Judicial Activism.  

    I think the mainstream view of defining Judicial Activism - is the introduction of new legal rights or removal of existing legal rights or additions of government powers or removal of government powers based using principles not found directly in the constitution or well established president.

    The problem of using the striking down of laws as a standard - is that it does not separate other parts of government passing unconstitutional laws from justices striking down laws that are in fact constitutional.

    If a Justice were to strike down a law making certain people slaves - the striking down law test would count this as Judicial Activism rather than the Justice properly doing her job.

    The most important way to protect the environment is not to have more than one child.

    by nextstep on Wed May 27, 2009 at 01:21:45 PM PDT

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