Documents/RPP2012/59: Judicial Activism

59: Judicial Activism

[Guard against] threats to the U.S. Constitution.

Other Information:

Judicial Activism: A Threat to the U.S. Constitution -- Despite improvements as a result of Republican nominations to the judiciary, some judges in the federal courts remain far afield from their constitutional limitations. The U.S. Constitution is the law of the land. Judicial activism which includes reliance on foreign law or unratified treaties undermines American law. The sole solution, apart from impeachment, is the appointment of constitutionalist jurists, who will interpret the law as it was originally intended rather than make it. That is both a presidential responsibility, in selecting judicial candidates, and a senatorial responsibility, in confirming them. We urge Republican Senators to do all in their power to prevent the elevation of additional leftist ideologues to the courts, particularly in the waning days of the current Administration. In addition to appointing activist judges, the current Administration has included an activist and highly partisan Department of Justice. With a Republican Administration, the Department will stop suing States for exercising those powers reserved to the States, will stop abusing its preclearance authority to block photo-ID voting laws, and will fulfill its responsibility to defend all federal laws in court, including the Defense of Marriage Act.

Objective(s):