Judicial Activism

Judicial activism is the “view that the Supreme Court justices (and even other lower-

ranking judges as well) can and should creatively (re)interpret the texts of the Constitution and

the laws in order to serve the judges' own considered estimates of the vital needs of

contemporary society when the elected "political" branches of the Federal government and/or the

various state governments seem to them to be failing to meet these needs. On such a view, judges

should not hesitate to go beyond their traditional role as interpreters of the Constitution and laws

given to them by others in order to assume a role as independent policy makers or independent

"trustees" on behalf of society.”

Judicial activism is extremely dangerous to a democracy. All it takes is five supreme

court justices to decide new laws; this is called legislating from the bench. I am a strong

opponent to this type of legislating. I find that it goes against the constitution in the role of the

judiciary. Article III, Section II of the Constitution states that “The judicial power shall extend to

all cases, in law and equity, arising under this Constitution, the laws of the United States, and

treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors,

other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to

controversies to which the United States shall be a party;--to controversies between two or more

states;--between a state and citizens of another state;--between citizens of different states;--

between citizens of the same state claiming lands under grants of different states, and between a

state, or the citizens thereof, and foreign states, citizens or subjects.” There is no mention in any

section of article III that allows the judicial branch the power to legislate. In fact, the Founding

Fathers tried to limit judicial power in order to avoid this problem from arising.

The U.S. Supreme Court is infamous for using judicial activism instead of an originalist

view on the constitution. This style of constitutional interpretation is dangerous and can possibly

damage a republic like the one we live in today.  Mark Levin wrote an incredible book on this

subject. I would recommend that if you want a more in depth look at judicial activism, read Men

in Black. Levin explains in great detail how the Supreme Court is destroying America. He shows

how dangerous an activist judiciary can be and also what they have done; like upholding slavery,

segregation, internment and even extending the writ of habeas corpus, which is a constitutional

right guaranteed to all U.S. citizens.

Civil Liberties (con't)

The federal government is forced by many constitutional provisions to respect the

individual citizen’s basic rights. Some civil liberties were specified in the original document,

notably in the provisions guaranteeing the writ of habeas corpus and trial by jury in criminal

cases, which can be seen in Article III, Section 2. A writ of habeas corpus is a “judicial mandate

to a prison official ordering that an inmate be brought to the court so it can be determined

whether or not that person is imprisoned lawfully and whether or not he should be released from

custody.”  A couple more civil liberties that are in the original document can be found in Article

I, Section 9, which forbids bills of attainder and ex post facto laws. A bill of attainder is a piece

of legislation that declares a person guilty of a crime, this allowed the guilty to be punished

without a trial; not allowing this in our constitution is crucial in a democracy. The United States

Constitution forbids the passage of ex post facto criminal laws, on the basis that it is clearly

wrong to punish an act which was not illegal when committed.  However, the most significant

limitations to government’s power over the individual were added in 1791 in the Bill of Rights.

The Constitution’s First Amendment guarantees that “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.” This grants us the freedoms of Religion,

Speech, Press, Assembly and Petition. The ability to do these things is the true sign of living in a

democracy. It is unimaginable what it would be like without these fundamental civil liberties. I

would argue that it is impossible to live in a democracy without fundamental rights.

The Fourth amendment to the U.S. Constitution grants “the right of the people to be

secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,

shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or

affirmation, and particularly describing the place to be searched, and the persons or things to be

seized.”  The protection from unwarranted searches and seizures protects citizens from

government intrusion in their personal lives. Could you imagine living in a nation where the

police could enter your home whenever they wished? This is

Civil Liberties

Understanding civil liberties is important in order to fight for our rights as United

States citizens. Civil Liberties emphasize the freedom of the individual. In many other forms of

governments the importance of the individual has disappeared. The individual lives for the state.

Here in a democracy, the government still exists for the individual, but that does not mean that

we do not have to watch and that we do not have to examine ourselves to be sure that we

preserve the civil liberties for all people, which is the basis of our democracy.

Civil liberties are “rights or freedoms given to the people by the Constitution,

common law, or legislation, allowing the individual to be free to speak, think, assemble,

organize, worship, or petition without government (or even private) interference or restraints.”

Civil liberties are designed to protect individuals and should not be confused with civil rights

which forms a broader concept and are designed to protect groups of people from unlawful

practices like discrimination.   

History shows that silencing the use of civil liberties—including the right to free speech,  

right to a fair trial and the right to equal protection under the law— has often followed national

crises. During the Civil War, Abraham Lincoln suspended the writ of habeas corpus on several

occasions, holding suspected traitors without trial even though only Congress can authorize such

action. During World War I, more than 1,100 people were jailed or fined under the Sedition Act,

which essentially made it a crime to criticize the government or the war effort. The law was later

declared unconstitutional. In 1918, a series of strikes, riots, and bombings culminated in the

Palmer raids. Horrible civil liberties violations ensued as law enforcement officials led raids on

suspected radicals in dozens of cities, arresting more than 6,000 people, many without a warrant.

During World War II, President Roosevelt issued an executive order for the internment of

Japanese Americans on the west coast.

The inclusion of civil liberties in the constitution gives the people a peace of mind. It sets

restrictions on what the government can do to the people. The people have the protection of laws

to safeguard themselves from being abused by the government. The time has come for us to

stand up and fight for what we believe before it is too late and liberty is lost forever. Next, I will

continue talking about civil liberties in order to give you an excellent understanding of our

fundamental rights.

The Constitution

Understanding the Constitution is important in order to fight for our rights as United

States citizens. I believe that the federal government is out of control at this point in time.

We the people have a duty to preserve what the Founding Fathers fought for; liberty. This is a

critical time for us to bring the federal government back under the control of the people. For too

long the government has been trying to force us to believe their ideology. I believe it is time for

our voices to be heard in order to bring the kind of change that is necessary for this nation’s

future success. So, here I am starting with the basics of the Constitution in order to build a base

for future papers.

The United States Constitution is the most widely used and studied legal document in this

nation. The constitution was ratified after it became apparent that the Articles of Confederation

was not sufficient. Under the Articles, there was only one legislature, which means that there was

no separation of powers. The power was given to the states, making the central government too

weak. Congress, under the Articles, did not have the power to tax which meant that they could

never have a balanced budget. There was arguably no centralized government. This gave each

state the power to do as they wish. Currency was a major problem; each state had their own

system which made interstate commerce and travel next to impossible.

 James Madison, the most influential writer of the American Constitution, identified in

The Federalist Paper number 51 the main problem confronting the authors of the constitution. He

said, “The great difficulty lies in this: you must first enable the government to control the

governed: and in the next place oblige it to control itself. A dependence on the people is, no

doubt, the primary control on the government; but experience has taught mankind the necessity

of auxiliary precautions.” According to Doctor Mark Cooray who wrote the Role of the

Constitution and the Law in a Free Society, “the role of a constitution is to provide the means for

a good government, while at the same time placing a limit on federal and state power.” In the

federalist paper number 51, Madison also argues the need for checks and balances when he says

“the necessity of auxiliary precautions.”

One of the primary roles of the Constitution is to limit the powers of government. This is

done by informing all of the citizens the power the government may legitimately possess. This

keeps the government from becoming a dictatorship. Protecting the rights of individuals is a

major key to the U.S. constitution. For instance, the Ex Post Facto clause of Article I, Sections 9

and 10, prohibits both the federal and state governments from punishing persons for actions that

were not crimes when they were committed. The Constitution does give the federal government

the power to make laws that affect private individuals. The government has used this power to

enact laws that prevent private individuals from infringing upon each other's rights. The Civil

Rights Act of 1964 “prohibits private businesses from discriminating against persons because of

their race, ethnicity or religion.” (American Government Power and Purpose)

The time has come for us to stand up and fight for what we believe before it is too late

and liberty is lost forever.  Next, I will talk about some of our civil liberties which are guaranteed

to us in the Bill of Rights to the United States Constitution.