Q&A Friday #51: What’s Wrong With Judicial Activism?

13 Oct, 2006 by John Hawkins

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Question: “Explain to me what’s so terribly wrong with judicial activism. Hasn’t activism been used to accomplish all sorts of good things in the past, like school desegregation?” — maledicta

Answer: What is judicial activism? It’s a judge or group of judges that believe their mere opinions should be given precedence over the Constitution of the United States and the will of the American people. Show me someone who supports judicial activism and a “living Constitution” and I’ll show you someone who will support tyranny over democracy just as long as his views get to carry the day.

PS: I would argue that, Brown v. The Board of Education, which is the key school desegregation case, WAS NOT judicial activism. To the contrary, it was simply a correct interpretation of the 14th Amendment.