Wednesday, November 23, 2011

Peter Ferrara on Newt's judicial reform plan

An excerpt from Peter Ferrara:
And if those judges refuse to apply the law objectively as written, and instead engage in judicial activism making up their own law based on their own liberal/left values, then they are applauded by the liberal/left media and academia. The rest of us can go pound sand.

At least that is the view of the New York Times, the Washington Post, the bar association, and the law schools. They are the ultimate authority and rulers in America under this doctrine of judicial supremacy. Any other view is dangerous to our most fundamental liberties, they tell us (at least while the judges reflect their liberal/left views).

But not according to Newt Gingrich, the Founding Fathers, and American history. To these authorities, it is judicial supremacy that is dangerous to our most fundamental liberties.
And another:
Gingrich recalls the actual checks and balances on the judiciary established by our Founding Fathers, who recognized the dangers of judicial supremacy. Jefferson wrote in challenging such judicial supremacy in 1820, "You seem to consider the judges the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy." Jefferson further wrote later that year, "The judiciary of the United States is the subtle corps of sappers and miners constantly working underground to undermine our Constitution from a co-ordinate of a general and special government to a general supreme one alone. This will lay all things at their feet."
Please read the full thing here.

And here is Newt's position paper on judicial reform.

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