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Judicial activism

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! style="font-size:120%; background:brown; text-align:center; padding:5px 0;" | Undemocratic system of government
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| style="padding:15px;" |"A system of government that makes the people subordinate to a [[SCOTUS|committee of nine unelected lawyers]] does not deserve to be called [[democracy]]."<div style="padding-left:40px;">&mdash; [[Justice Antonin Scalia]]<ref name="Mohler2015">{{cite book |title=We Cannot Be Silent: Speaking Truth to a Culture Redefining Sex, Marriage, and the Very Meaning of Right and Wrong |author=R. Albert Mohler, Jr. |publisher=Harper Collins |year=2015 |pages=181 |isbn=978-07180-32487 |url=httphttps://books.google.com/books?id=jNhhCAAAQBAJ |quote=}}</ref></div>
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'''Judicial activism''' is when [[court]]s do not confine themselves to reasonable interpretations of laws, but instead create lawthrough judicial ''will''. Alternatively, judicial activism is when courts do not limit their ruling to the dispute before them, but instead establish a new rule to apply broadly to issues not presented in the specific action. "Judicial activism" is when judges substitute their own political opinions for the applicable law, or when judges act like a legislature (legislating from the bench) rather than like a traditional court. In so doing, the court takes for itself the powers of [[Congress]], rather than limiting itself to the powers traditionally given to the judiciary.
In this regard, judicial activism is a way for liberals to avoid the regular legislative means of enacting laws in order to ignore public opinion and dodge public debate.While originalist judges sometimes differ among themselves in specific court cases, left-wing judicial activists always vote in a way that advances left-wing policies, no matter how inconsistent they are.<ref>Natelson, Robert (October 20, 2018). [https://thehill.com/opinion/judiciary/412372-this-supreme-court-term-will-show-bench-lacks-conservative-majority This Supreme Court term will show bench lacks conservative majority]. ''The Hill''. Retrieved October 20, 2018.</ref><ref>Horowitz, Daniel (March 14, 2019). [https://www.conservativereview.com/news/wheres-congressional-outrage-judicial-power-grabs/ Where’s the congressional outrage over judicial power grabs?] ''Conservative Review''. Retrieved March 16, 2019.</ref>
The cradle of judicial activism is the USA.<ref name="Palko2009"/>However, it is seen in many other countries, such as the UK<ref>Dougherty, Michael Brendan (September 24, 2019). [https://www.nationalreview.com/2019/09/the-curious-remainer-coup/ The Curious Remainer Coup]. ''National Review''. Retrieved September 25, 2019.</ref> and Israel, along with a large number of countries that legalized social taboos simply because of court actions.
Courts in California &#8212; both state and federal ones &#8212; frequently engage in judicial activism. One major example of this is the relatively recent California Supreme Court decision ''In re Marriage Cases'', wherein four California [[Supreme Court]] justices (who are appointed, not elected) unilaterally overruled the will of the people of the state of California, and legalized gay "marriage." Proposition 22, which recognized the traditional definition of marriage had previously been put in place by a majority of California voters, but this did not deter the [[liberal]] judges of the court from acting. In response, a majority of California voters passed [[Proposition 8]], which amended California's Constitution to uphold the sanctity of marriage, stemming the tide of the [[liberal]] [[homosexual]] assault on marriage before it was too late.
==History==
The phrase '''"Judicial activism''' " was coined by [[Arthur Schlesinger, Jr.]] in an article he wrote for ''Fortune'' Magazine titled ''The Supreme Court: 1947''.<ref>[https://books.google.com/books?id=XoO1BAAAQBAJ&pg=PA165 Legal Innovations in Asia: Judicial Lawmaking and the Influence of Comparative Law]</ref> The rise of judicial activism has coincided with the growing number of contentious and controversial judicial nominations in the U.S.<ref>Gramlich, John (March 7, 2018). [https://www.pewresearch.org/fact-tank/2018/03/07/federal-judicial-picks-have-become-more-contentious-and-trumps-are-no-exception/ Federal judicial picks have become more contentious, and Trump’s are no exception]. ''Pew Research Center''. Retrieved March 11, 2018.</ref><ref>[https://www.brookings.edu/wp-content/uploads/2016/07/adviceanddissent_chapter.pdf The Struggle to Shape the Federal Judiciary]. ''Brookings Institution''. Retrieved March 11, 2018.</ref><ref>Wolfe, Christopher (March 3, 2006). [https://www.heritage.org/the-constitution/report/constitutional-interpretation-judicial-activism-the-transformation-judicial From Constitutional Interpretation to Judicial Activism: The Transformation of Judicial Review in America]. ''Heritage Foundation''. Retrieved March 11, 2018.</ref> An example of judicial activism is the Left's support for court packing when conservatives are able to choose [[textualist]] and [[originalism|originalist]] judges.<ref>Klein, Aaron (October 7, 2018). [https://www.breitbart.com/big-government/2018/10/07/dems-latest-scheme-balance-supreme-court-by-adding-two-liberal-judges/ Dems Latest Scheme: ‘Balance’ Supreme Court by Adding Two Liberal Judges]. ''Breitbart News''. Retrieved October 7, 2018.</ref>
==Examples==
*''[[Griswold v. Connecticut]]'' — 1965 Supreme Court ruling establishing a constitutional right to possess, distribute and use [[contraception]].
*''[[Roe v. Wade]]'' — 1973 Supreme Court ruling claiming a constitutional "right" to [[abortion]].<ref>Duke, Selwyn (July 8, 2019). [https://www.thenewamerican.com/print-magazine/item/32665-save-babies-and-abort-judicial-supremacy Save Babies and Abort Judicial Supremacy]. ''The New American''. Retrieved July 8, 2019.</ref>
*''[[Lawrence v. Texas]]'' — 2003 Supreme Court ruling claiming a constitutional "right" to [[sodomy]].
*''[[Obergefell v. Hodges]]'' — 2015 Supreme Court ruling claiming a constitutional "right" to [[same-sex marriage|same-sex "marriage"]].
*The [[Nicaragua]]n Supreme Court ruling allowing incumbent president [[Daniel Ortega]] to contest the 2011 election. The Nicaraguan Constitution forbids an individual from serving as president for more than two non-consecutive terms, disbarring Ortega from filing for reelection on both of these counts. Daniel Ortega, not willing to give up power, had the [[Sandinistas|Sandinista]]-controlled Supreme Court overrule the current law as being in "violation" of human rights.<ref>[httphttps://www.heritage.org/research/reports/2011/10/nicaraguas-presidential-elections-how-daniel-ortega-could-shame-democracy Nicaragua’s Presidential Elections: How Daniel Ortega Could Shame Democracy - The American Heritage Foundation]</ref>*The [[Israel]]i Supreme Court is known for making ideologically based decisions and issuing rulings in favor of the country's Left camp and against its opponents.<ref>[httphttps://www.americanthinker.com/2011/07/the_threat_to_israeli_liberties_from_the_israeli_supreme_court.html The Threat to Israeli Liberties from the Israeli Supreme Court - The American Thinker]</ref> Examples of this include forcing the Israelis government to recognize [[same-sex marriage|same-sex "marriages"]] performed abroad.<ref>[http://www.ksdk.com/news/article/107947/0/Israels-Supreme-Court-Approves-Same-Sex-Marriages-Performed-Abroad- Israel's Supreme Court Approves Same-Sex Marriages Performed Abroad - Associated Press]</ref>*In 2017, the Constitutional Tribunal of [[Chile]] partially lifted the country's ban on abortion.<ref>Berry, Susan (August 21, 2017). [httphttps://www.breitbart.com/national-security/2017/08/21/chile-court-lifts-ban-abortion/ Chile Court Lifts Ban on Abortion]. ''Breitbart News''. Retrieved August 22, 2017.</ref>*Democrats have used the courts to redraw district lines to favor their party and disfavor Republicans.<ref>Walker, Scott (May 6, 2019). [https://www.foxnews.com/opinion/scott-walker-republicans-democrats-judicial-power-grab Scott Walker: Republicans need to wake up to Democrats’ nationwide judicial power grab]. ''Fox News''. Retrieved May 6, 2019.</ref>
== Contract law ==
==External links==
*[httphttps://video.foxnews.com/v/5738221821001/?playlist_id=5198073478001#sp=show-clips Tucker: Federal courts the most decayed institution of all], February 21, 2018.*[https://www.theepochtimes.com/chapter-ten-using-the-law-for-evil_2606520.html Chapter Ten: Using the Law for Evil], ''The Epoch Times'' (from ''How the Specter of Communism Is Ruling Our World'').*[https://humanevents.com/2019/07/02/living-constitutionalism-v-originalism/ Living Constitutionalism v. Originalism.], by Timothy S. Goeglin and Craig Osten, ''Human Events'', July 2, 2019.
==See also==
==References==
 <references/>{{reflist}}
[[Category:United States Government]]
[[Category:Judicial Activism]]
[[Category:Sexual Revolution]]
[[Category:Liberal Traits]]
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