Wednesday, April 24, 2013

The practical effect of judicial activism

A republic functions through laws made by elected representatives of the people. A democracy (strictly speaking) functions through the direct will of the people. They are two distinctly different types of government. When judges, whose job it is to “interpret” laws, stray from anything other than determining the intend of the lawmakers when they made the law, they take us a large step away from being a republic to being a democracy. This is because men under that philosophy men can change the effect of laws without legislation.

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