No Activist Judges Here

Nope, the four decisions handed down today along a five to four fault line? That’s nothing. That was just a bluebird, nothing to see here folks, move along. Not that I haven’t mentioned this before; long after we have finally rid ourselves of the grotesquely overreaching Bush administration, we will continue to suffer from the Supreme Court that he engineered, pushing conservative five to four the whole way.

Politicians and Republican faithfuls alike use the common buzzwords. They want “constructionist” judges, ones who follow and interpret the constitution, and don’t “legislate from the bench.”

This is, of course, utter horse shit.

They say these things because it makes the kind of legislating from the bench they want sound more lawful, more morally correct. Of course it isn’t, particularly when the Supreme Court, oh, I don’t know, decides it wants to legislate out our right to free speech.

Then eighteen-year-old Jason Frederick had unfolded and displayed a paper banner that declared “Bong Hits 4 Jesus” while not on school property. Clear cut case, right? Jason Frederick is not the smartest person in the world, but he has a right to do that.

I don’t agree with the message, but I also admit that, under a “strict constructionalist interpretation” Jason kinda had the right to do so being an adult of legal age on public property wherein:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Bold added for emphasis.

I realize it’s a somewhat difficult issue to get around; it’s not easy defending a guy who was promoting weed smokin’ for the Savior. But you have to, because if you don’t, it sets a precedent.

It sets a precedent where judges legislate away the basic rights that make this America. Activist judges that legislate from the bench? You bet.

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