I respectfully dissent from the view of Dr. Ron Paul, US Congressman, when he expresses his view that allegedly unaccountable judges are acting outside of their Constitutional role when they decide cases in ways that he disagree with strongly.

Our Constitution expressly makes Federal judges Lifetime Appointees who cannot have their pay reduced.

Why would our deified Founding Founders have made Federal judges SO VERY IMMUNE from attack? Well, it’s clearly because our Founders knew that judges were likely to be tarred and feathered for unpopular rulings, unless the Constitution forbade it.

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Those of you who, like Dr. Paul, have a fundamental misunderstanding of the process of judicial decision making would benefit by actually reading and studying court cases. You would find that judges at the appeals court and Supreme Court level spend a GREAT deal of time explaining WHY and HOW they are ruling as they are ruling.

It is RARE that a judge will feel it necessary to do anything that might even APPEAR like “legislating from the bench”. In those rare cases, judges will FULLY explain their rationale.

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And furthermore, at the appeals level and Supreme Court level, it takes A Whole Bunch of judges to do anything.

It isn’t just a single isolated “Activist” judge. It’s an entire group of extremely smart partriotic American judges, doing what they have ALL decided to be the right thing.

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Ah well, I can’t Force anyone to think about these things more deeply. I can only make some counterpoints and see what happens.

And remember: Each and Every episode of alleged judicial activism can be Cured by Constitutional Amendment, if the episodes are really SO offensive to the American way of life.

Ask yourself: If you can’t muster the political will for a Constitutional Amendment, then are you Really Correct when say that the Court’s decision is unAmerican activism? I wonder if your motivation is really something ELSE entirely.?

Strip the Federal Courts of Their Power by Rep. Ron Paul

Judicial activism, after all, is the practice of judges ignoring the law and deciding cases based on their personal political views. With the federal judiciary focused more on legislating social policy than upholding the rule of law, Americans find themselves increasingly governed by men they did not elect and cannot remove from office.

Congress is guilty of enabling judicial activism. Just as Congress ceded far too much legislative authority to presidents throughout the 20th century, it similarly has allowed federal judges to operate wildly beyond their constitutional role. In fact, many current members of Congress apparently accept the false notion that federal court judgments are superior to congressional statutes. Unless and until Congress asserts itself by limiting federal court jurisdiction, judges will continue to act as de facto lawmakers.