Alexa Shrugged: President Obama, Are You Serious?! Are You Serious?!
Below, find just an excerpt from a phenomenal piece of writing on a familiar topic from Ms. Alexa Shrugged, with whom I have had the pleasure of hanging out on several occasions.
Obama seems to think that simply striking down a law passed by Congress is what makes a ruling judicial activism – as if not acceding to whatever the legislative branch wants is judicial excess. But it’s not whether a law is upheld or struck down, it is whether the law was Constitutional and whether an originalist or strict constructionalist theory was applied that matters.
Judicial activism is about judges who disregard the Constitution and make up rights out of whole cloth. Like “penumbras, formed by emanations” that magically find rights to abortion or separation of church and state hiding in the text of the Constitution all along. It’s about illiterate judges who uphold gun bans despite the clear wording of the 2nd Amendment. It’s about courts that think the the Founders’ original intent in the 1st Amendment was to ban prayer. Obama has no idea what judicial activism is, for him, words only mean what he wants them to mean, only at that particular point in time.
In my open letter to the president, I barely touched upon the president’s duplicitous and disingenuous perspective on judicial activism. On this point and more, Alexa did an awesome job. Check it out.