Senator Lee on Obamacare, Judicial Activism, and Intimidation of Judges

 

An excerpt:

It simply is not the case that a court can properly be described as activist just because it enforces the Constitution’s structural limits on federal power. In this context it is not altogether helpful to focus the discussion of whether the Court’s acting properly on the contours of the word “activist” or “activism.” We have to remember that, for the Supreme Court, not acting to invalidate an unconstitutional law is every bit as bad, is every bit as repugnant to the rule of law and the Constitution, as it is for the Court to act to invalidate a law that is entirely justified on a constitutional basis. Both represent and both are a product of a betrayal of the Supreme Court’s duty to decide cases according to the laws and to the Constitution of the United States of America. When the Supreme Court acts to enforce the Constitution’s limits on federal power, as I expect it may do in the Affordable Care Act case, it does so pursuant to specific textual provisions of the Constitution. Enforcing the law in this undeniably legitimate manner is not activist, rather it is an essential function of the judiciary in preserving the liberties guaranteed by our Constitution.  

Most Popular

U.S.

Fire the FBI Chief

American government is supposed to look and sound like George Washington. What it actually looks and sounds like is Henry Hill from Goodfellas: bad suit, hand out, intoning the eternal mantra: “F*** you, pay me.” American government mostly works by interposition, standing between us, the free people at ... Read More
Film & TV

Black Panther’s Circle of Hype

The Marvel Cinematic Universe (MCU) first infantilizes its audience, then banalizes it, and, finally, controls it through marketing. This commercial strategy, geared toward adolescents of all ages, resembles the Democratic party’s political manipulation of black Americans, targeting that audience through its ... Read More