There is a danger to judicial independence when people have no understanding of how the judiciary fits into the constitutional scheme.
Sentiment: NEGATIVE
Apparently a great many people have forgotten that the framers of our Constitution went to such great effort to create an independent judicial branch that would not be subject to retaliation by either the executive branch or the legislative branch because of some decision made by those judges.
The courts are truly the least dangerous of the three branches of our government.
What secret knowledge, one must wonder, is breathed into lawyers when they become Justices of this Court that enables them to discern that a practice which the text of the Constitution does not clearly proscribe, and which our people have regarded as constitutional for 200 years, is in fact unconstitutional?
The fundamental problem is that there's no credibility in the judicial system, which is a system that's been completely politicized. This is retaliation and selective repression.
So the danger of conservative judicial activism has been averted for another year. Stay tuned.
Just because a couple people on the Supreme Court declare something to be 'constitutional' does not make it so.
The idea that there aren't mistakes made constantly in the judicial system is too obvious even to need to mention.
The Supreme Court is not the impetus for constitutional change - we are.
Democracy demands that judges confine themselves to a narrow sphere of influence - that is why the late Alexander Bickel called the judiciary the 'Least Dangerous Branch.' In a world governed by a proper conception of their role, judges don't play at being legislators - they leave that job to our elected representatives.
The Constitution is not a panacea for every blot upon the public welfare. Nor should this Court, ordained as a judicial body, be thought of as a general haven for reform movements.
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