LiveWire Network Peer Answers Peer Support Teen Forums Tech Forums College Forums 731 users online 211082 members 1225 active today Advertise Here Sign In
TeenCollegeTechPhotos | Quizzes | LiveSecret | Memberlist | Dictionary | News | FAQ
Member Spotlight
sexysam161
I haven't filled out my profile...
Days Active: 1
You have 1 new message.
Emergency Help
Until you sign up you can't do much. Yes, it's free.

Sign Up Now
Membername:
Password:
Already have an account?
Invite Friends
Active Members
Groups
Contests
Moderators
8 online / 25 MPM
Fresh Topics
  LiveWire / Teen Forums / The Political Teen / Viewing Topic

is judicial activism actually bad
Replies: 8Last Post Nov. 30, 2008 6:39pm by hctiwsblade13
Welcome to LiveWire!
We're Stronger Together.
Join the Community
Single page for this topic Email Print Favorite
( iconoclast )


ffffffffffffffffffff

Patron
Support Leader
Reply
i mean it certainly CAN be abused, but given that our legislative body is often bloated and inefficient and bases its decisions more on politics than whats right, it doesnt seem to me that theres anything wrong with judicial activism within the realm of 'common sense' except that it sets a 'bad precedent'. yeah ideally the legislators would just get it right but they wont

-------
cool :cool:

9:32 pm on Nov. 29, 2008 | Joined: April 2005 | Days Active: 701
Join to learn more about iconoclast New Jersey, United States | Straight Male | Posts: 33,856 | Points: 43,149
Style Out


Visionary

Patron
Reply
lolwut

-------
I'm watching you.

9:33 pm on Nov. 29, 2008 | Joined: Oct. 2008 | Days Active: 153
Join to learn more about Style Out Maryland, United States | Posts: 7,131 | Points: 8,119
Baron Samedi


ಠ_ಠ

Patron
Reply
No.

Judges have that kind of power for a reason.

-------
AMERICAN IS PIG DISGUSTING


9:36 pm on Nov. 29, 2008 | Joined: Mar. 2008 | Days Active: 319
Join to learn more about Baron Samedi Cayman Islands | Gay Male | Posts: 27,012 | Points: 35,249
rileyana


Dairy Product Addict
Reply
idk judges have the kind of power for a reason

-------
I fly like paper, get high like planes

9:38 pm on Nov. 29, 2008 | Joined: Sep. 2008 | Days Active: 71
Join to learn more about rileyana Iowa, United States | Straight Female | Posts: 1,162 | Points: 1,954
( iconoclast )


ffffffffffffffffffff

Patron
Support Leader
Reply
Quote: from rileyana at 12:38 am on Nov. 30, 2008

idk judges have the kind of power for a reason
do you know what you just said

-------
cool :cool:

9:40 pm on Nov. 29, 2008 | Joined: April 2005 | Days Active: 701
Join to learn more about iconoclast New Jersey, United States | Straight Male | Posts: 33,856 | Points: 43,149
holysaiyan1


Guru

Patron
Support Leader
Tech Support Leader
Reply
The judicial branch's job is to interpret what existing law says, based on precedent.  When a judge becomes an activist judge, he or she is going against the established body of knowledge, in favor of listening to the heart.

In essence, an activist judge is declaring that the highest law in the land, the Constitution, is in fact NOT the supreme law.  The supreme law for an activist judge is the law of the heart.  If a judge is supposed to uphold the Constitution, and an activist judge is putting their personal beliefs and feelings above the Constitution, they are in essence declaring themselves to be personally above the law.

-------
Vote for REAL change.


11:02 pm on Nov. 29, 2008 | Joined: Jan. 2006 | Days Active: 693
Join to learn more about holysaiyan1 Ohio, United States | Straight Male | Posts: 3,298 | Points: 21,730
( iconoclast )


ffffffffffffffffffff

Patron
Support Leader
Reply
Quote: from holysaiyan1 at 2:02 am on Nov. 30, 2008

The judicial branch's job is to interpret what existing law says, based on precedent. When a judge becomes an activist judge, he or she is going against the established body of knowledge, in favor of listening to the heart.

In essence, an activist judge is declaring that the highest law in the land, the Constitution, is in fact NOT the supreme law. The supreme law for an activist judge is the law of the heart. If a judge is supposed to uphold the Constitution, and an activist judge is putting their personal beliefs and feelings above the Constitution, they are in essence declaring themselves to be personally above the law.


technically youre right, but when the legislative body is completely ignoring the constitution and violating common sense and basic liberties, isnt it the judiciary's responsibility to correct that if no one else will?

-------
cool :cool:

11:05 pm on Nov. 29, 2008 | Joined: April 2005 | Days Active: 701
Join to learn more about iconoclast New Jersey, United States | Straight Male | Posts: 33,856 | Points: 43,149
obvious child


Guru

Ad Free
Reply
Quote: from holysaiyan1 at 9:02 pm on Nov. 29, 2008

The judicial branch's job is to interpret what existing law says, based on precedent. When a judge becomes an activist judge, he or she is going against the established body of knowledge, in favor of listening to the heart.

In essence, an activist judge is declaring that the highest law in the land, the Constitution, is in fact NOT the supreme law. The supreme law for an activist judge is the law of the heart. If a judge is supposed to uphold the Constitution, and an activist judge is putting their personal beliefs and feelings above the Constitution, they are in essence declaring themselves to be personally above the law.


The fundamental flaw in this is who's interpretation of the Constitution is correct? How was the Constitution suppose to be looked at? Furthermore, Scalia himself has more or less stated that the term activist means a judge who rules in a fashion you disagree with. It has nothing to do with whether or not they made the correct decision and if it was inline or out of line with the COTUS.

-------
"I give the probability of this working at zero" - Dan DeMatteo


5:58 pm on Nov. 30, 2008 | Joined: Sep. 2005 | Days Active: 941
Join to learn more about obvious child Oregon, United States | Straight Male | Posts: 14,330 | Points: 24,764
hctiwsblade13


Dairy Product Addict
Reply
Honestly, every justice is going to incorporate his or her views into their Constitutional interpretation.  It sucks, but it's how government works.  The Constitution gets manipulated either way, but what's most important is using Constitutional evidence to uphold liberty, equality, and all that jazz.

-------
I love my stick......... shift!

6:39 pm on Nov. 30, 2008 | Joined: July 2005 | Days Active: 542
Join to learn more about hctiwsblade13 Virginia, United States | Gay Male | Posts: 517 | Points: 6,083
Single page for this topic Email Print Favorite

Quick Reply

You are signed in as our guest.

Looking for something else?
 

  LiveWire / Teen Forums / The Political Teen / Viewing Topic