Re: OT: Political


Ed Jay wrote:
> Ya'll have been discussing the views of liberals and conservatives on the
> subject and definition of judicial activism. What are your views on the
> following?
>
> The role of the Federal judiciary within the Federal government, and
> within society generally, has become the subject of increasing controversy
> in recent years. It has become the target of both popular and academic
> criticism that alleges that the judicial branch has usurped many of the
> prerogatives of other branches and levels of government.
>
> Some of the characteristics of this "judicial activism" have been said to
> include:
>
> a. A tendency by the judiciary toward problem-solution rather than
> grievance-resolution;
>
> b. A tendency by the judiciary to employ the individual plaintiff as a
> vehicle for the imposition of far-reaching orders extending to broad
> classes of individuals;
>
> c. A tendency by the judiciary to impose broad, affirmative duties upon
> governments and society;
>
> d. A tendency by the judiciary toward loosening jurisdictional
> requirements such as standing and ripeness; and
>
> e. A tendency by the judiciary to impose itself upon other institutions
> in the manner of an administrator with continuing oversight
> responsibilities.
>
> Under our constitutional system, the federal judiciary has critical
> responsibilities, including the preservation of individual rights, which
> it must not hesitate to discharge despite popular or academic criticism.
> In fulfilling these responsibilities in cases properly brought in the
> federal courts, the judiciary should make appropriate use of sanctioned
> remedies.
>
> At the same time, however, the judiciary should be careful not to usurp
> the rightful powers of the other branches of the federal government or
> those -of the states and their subdivisions, for ultimately the separation
> and distribution of government powers is one of the most important
> safeguards of freedom under our Constitution. One of the ways in which
> the Constitution seeks to confine federal courts to their proper sphere is
> by limiting their jurisdiction and by restricting the judicial power to
> actual "cases" and "controversies" (Art. Ill, sec. 2). Accordingly, as
> the Supreme Court has pointed out, federal courts must faithfully respect
> the limits of their jurisdiction and must heed the doctrines of standing
> and ripeness, which are rooted in vital Article III concerns.
>
> While courts should use all proper judicial remedies to correct violations
> of law, the courts must ensure that they do not step over the line into
> the fields of lawmaking or governmental administration, where the
> judiciary generally lacks both authority and expertise. Courts are well
> suited to decide the particular cases that come before them, but they
> cannot match the ability of legislative bodies to gather facts or frame
> comprehensive rules of law regulating complex activities. Similarly,
> courts cannot equal the resources or expertise generally employed by
> executive agencies in administering large governmental facilities or
> programs for extended periods of time.
>
> In sum, our system of government works best when the federal judiciary -
> and indeed, all three branches-resist the temptation to extend their
> powers beyond their intended spheres.
>
> --
> Ed Jay (remove M to respond by email)

Ed,

I have no idea of the authors. I agree with every word of the second
quote.

David Koppelman

.

Relevant Pages

  • Re: OT: Political
    ... The following is a criticism involving judicial activism. ... >prerogatives of other branches and levels of government. ... A tendency by the judiciary toward problem-solution rather than ... >the Constitution seeks to confine federal courts to their proper sphere is ...
    (rec.arts.dance)
  • Re: OT: Political
    ... prerogatives of other branches and levels of government. ... Some of the characteristics of this "judicial activism" have been said to ... A tendency by the judiciary toward problem-solution rather than ... the Constitution seeks to confine federal courts to their proper sphere is ...
    (rec.arts.dance)
  • Re: OT: Political
    ... >The following is a criticism involving judicial activism. ... >>prerogatives of other branches and levels of government. ... A tendency by the judiciary toward problem-solution rather than ... >>the Constitution seeks to confine federal courts to their proper sphere is ...
    (rec.arts.dance)
  • Re: OT: Political
    ... >>The following is a criticism involving judicial activism. ... >>>prerogatives of other branches and levels of government. ... >>>the Constitution seeks to confine federal courts to their proper sphere is ...
    (rec.arts.dance)
  • Re: My Presidential Pick for 2006
    ... The government has no right to limit religious expression, ... Constitution does prohibit is an /establishment/ of religion. ... a high school football game. ... And yet the courts have been involved in cases of each. ...
    (rec.arts.sf.tv.babylon5.moderated)