Activist Judges

From: Carol or John Burgeson <>
Date: Thu Dec 22 2005 - 16:43:00 EST

Pim wrote, in part: " That the discovery institute has to refer to his
decision as 'activist' shows how well argued the decision must have

A favorite mantra of the far right is that they will not be "activist
judges." In that regard, I recently reviewed the book THEODORE REX (a
copy is on my website at Here is what I
wrote on that subject:

Roosevelt understood our triparite government well. Today, some people
rail against judges "making law." In Roosevelt's last speech to Congress
however, December 8, 1908, he observed that justice was not a matter of
"eternal verities," but of constant adaptation to human perceptions.
"Every time," he said, "they (judges) interpret contract, property,
vested rights, due process of law, liberty, they necessarily enact into
law parts of a system of social philosophy; and, as such interpretation
is fundamental, they give direction to all lawmaking." Some conservatives
of the time (and since) have tried to disagree with this too obvious to
miss statement.

Judge Jones continues (as he must) in that tradition.

Received on Thu Dec 22 17:01:04 2005

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