'Activist judges', a disturbing new phrase, conceived by neo-conservatives and employed by the Bush Administration, has recently entered the American lexicon. Now, a conservative group of lawyers, known as Judicial Watch, proposes to define for us what 'Legal Activism' means (see:
http://www.judicialwatch.org/5267.shtml).
Historically, the judicial branch was endowed with the respect and trust of the American people. In court, we rise when the judge enters the chamber as a demonstration of respect for our judicial system and the law.
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From Polybius and the Founding Fathers: the separation of powers
The separation of powers, the concept that the legislative, judicial, and executive branches of government ought to be separate and distinct, is a central feature of the United States Constitution. Through this separation, each branch works according to its own authority, forming a check or balance against any abuse of power by the remaining two branches.
James Madison, the Founding Father most often credited with including this feature in the constitution, declares, "no political truth is certainly of greater intrinsic value" (Federalist Papers No. 47).
See also Wikipedia on Separation of Powers
It is important to remember that, in the Declaration of Independence, the founding fathers outlined the crimes against the colonies by the British crown, summarized here in relevant part:
"He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries."
From Colonial Hall: Declaration Analysis
In 1773, an act was passed by the British Parliament, on motion of Lord North, to make the governors and judges quite independent of those they governed, by paying their salaries directly from the National Treasury, instead of making them dependent upon the appropriations of the Colonial Assemblies for that purpose. This measure, making the public servants in the colonies wholly dependent upon the Crown for support, and independent of the people, was calculated to make them pliant instruments in the hands of their masters--ready at all times to do the bidding of the King and his council. The various Colonial Assemblies strongly protested against the measure ; and out of the excitement and just alarm which followed, that mighty lever of the revolution, the system of Committees of Correspondence, was brought forth and vigorously applied.
The executive branch, lead by George W. Bush, is using his office to create conflict between the executive and judicial branches. This political strategy undermines the integrity of our judicial and legal systems. Undermining the legitimacy of the judicial branch, constitutes an abuse of power by the Bush Administration and creates a national security threat that should be considered treasonous.