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It is emphatically the province and duty of the Judicial Department to say what the law is.
Oct 2, 2025
I intend to go right on appointing highly qualified individuals of the highest personal integrity to the bench, individuals who understand the danger of short-circuiting the electoral process and disenfranchising the people through judicial activism.
If you start from a belief that the most knowledgeable person on earth does not have even one percent of the total knowledge on earth, that shoots down social engineering, economic central planning, judicial activism, and innumerable other ambitious notions favored by the political left.
Central planning, judicial activism, and the nanny state all presume vastly more knowledge than any elite have ever possessed.
If Americans loved judicial activism, liberals wouldn't be lying about what it is. Judicial activism means making up constitutional rights in order to strike down laws the justices don't like based on their personal preferences. It's not judicial activism to strike down laws because they violate the Constitution.
Liberals attempt through judicial activism what they cannot win at the ballot box.
Our Parliamentary system has simply failed to meet the challenge of judicial activism.
Of course, conservatives always claim to be against judicial activism.
It wouldn't be fair to say that conservatives cherish property the way liberals cherish equality. But it would be fair to say that the takings clause is the conservatives recipe for judicial activism just as they say liberals have misused the equal protection clause.
Out of control judicial activism threatens traditional marriage in America.
So the danger of conservative judicial activism has been averted for another year. Stay tuned.
Invalidating laws has absolutely nothing to do with judicial activism. It depends on whether the law is unconstitutional or not. That's really the key point.
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