First of all, every law that the Supreme Court has overturned for the past 209 years since Marbury v. Madison was “a duly constituted and passed law.”
Second, the “judicial activism” that conservatives have complained about was judges making rulings based on how they felt personally about the issue at hand, rather than about what the Constitution of the United States said.
In recent years, great efforts have been made to redefine “judicial activism” in terms of judges declaring laws unconstitutional, instead of “deferring” to Congress or other government institutions.
But what is the Constitution’s Bill of Rights supposed to protect the ordinary citizen from? Government institutions! If judges are to defer to the very institutions that the Bill of Rights tries to protect the citizen from, what is the point of having a Bill of Rights?
As for Supreme Court justices being unelected, that has been true since the Constitution was created. That was done deliberately, so that they could render their judgments without fear of political repercussions. If unelected Supreme Court justices are to automatically defer to elected officials, that again raises the question of why they are there at all.
Why are the taxpayers paying their salaries and housing them in an expensive marble building — just so that they can go along to get along?
It would be hard to become nostalgic about Richard Nixon, who was forced to resign in disgrace. But at least you could tell when he was lying. Obama’s lies are just as big but not as visible, and the media that exposed Nixon is covering for Obama.
— Thomas Sowell is a senior fellow at the Hoover Institution. © 2012 Creators Syndicate, Inc.