Politicians and the Cost of Judicial Activism

There is no topic more hotly discussed than judicial activism and what that means. Certainly this is a current theme with the Supreme Court Senate hearings going on.

I would like to take a different tact on this subject. My belief is that we have a lot politicians but not a lot of leaders. Activist judges run interference for wobbly, mealy mouthed politicians.

One of the costs of judicial activism is that it allows politicians to avoid leading. When Prohibition was passed, it was done through a Constitutional Amendment. As this was a very hot topic of the day, elected representatives had to go on record about this controversial topic.

Just imagine we didn't have an activist judiciary. Just imagine if you will, a world where if a legislator wanted to make Gay Marriage, Abortion or your favorite cause legal, he or she would go to Congress and pass a bill.

(Imagine the School House Rock song "I'm just a bill" is playing. If this makes no sense to you that is because you are too young and you missed a lot of fun).
School house Rock

Instead of empty platitudes about fairness and compassion, they would go on record about a difficult subject. They would face the voters who would want answers about their vote up or down. This would require a leader, not a seat holder. I'm sure you can all think of an example of a seat holder.