SACRAMENTO, Calif. (AP) — U.S. Supreme Court Justice Anthony Kennedy said Wednesday that congressional lawmakers need to maintain the nation’s balance of power by being able to compromise, expressing concerns that the high court is increasingly the venue for deciding politically charged issues such as gay marriage, health care and immigration.
Kennedy, a former Sacramento law school professor, was asked by reporters whether he thought the court was deciding too many issues that can be decided by Congress.
“I think it’s a serious problem. A democracy should not be dependent for its major decisions on what nine unelected people from a narrow legal background have to say,” Kennedy said. “And I think it’s of tremendous importance for our political system to show the rest of the world — and we have to show ourselves first — that democracy works because we can reach agreement on a principle basis.”
OTOH, this country would be a lot better off if you people would just do your jobs. Conservatives love to whine about "activist judges," but it was SCOTUS finally recognizing the plain meaning and history of the Second Amendment that has brought about at least the beginning of a restoration of the liberties guaranteed by it.
Your job – your only job – is to decide whether a law is constitutional when you are asked to make that decision. It is not to whine about the fact that you are asked to do that job. We have a lot of unconstitutional laws on the books right now, and if you were actually doing your jobs, they would be overturned. You don't get to say that congress should do it, or politicians should do it. We have a government consisting of three branches. Each has its duties. Simply because one of the other branches refuses to do so is no excuse for you to shirk yours.
So shut up and go to work, Kennedy. And that goes for the rest of you black crows, too.
We must stand for core societal institutions, and must bolster federalism against judicial activism.
Spare me. If you like it – Heller – it's fine. If you don't – Obamacare – then it's activism.
I'd like to see more judicial activism when it comes to protecting our constitutional liberties and overturning unconstitutional legislation, rather than the gutless deference given unconstitutional laws simply because congress and the executive passed them that we see so much of today.