Originally posted by midnight Target
So where exactly in the constitution does it say that judges should be limited in the cases they hear? Where does it say that the legislature can not be checked on certain subjects? (read the 11th amendment)
First it bears repeating this is not a democracy. If you read the Founders, a democracy was about the last thing they wanted.
"Remember democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide."
-- John Adams, letter to John Taylor, April 15, 1814
IMO, we are drifting into this type of democracy. I think it'd be best if we worked harder at being a republic and bit less of a democracy.
Now, I never said judges should be limited in the cases they hear. You are trying to change the subject. What I said was:
Now you may not agree, but I much prefer fixing and Constitutional problems that arise by using the Constitutionally provided method which is an amendment.
I don't approve of judges that just pull new interpretations out of their ass, a salient example being Miller, where the SC decided that a short-barreled shotgun is not a military weapon. Clearly, they didn't know their history and they didn't know a military weapon from a soup ladle.
Judges shouldn't fix problems that are Constitutional in nature; Congress and the States do that by means of the amendment process.
Judges rule on what the Constitution says, not on what they wish it would say if they had written it. In short, they rule on what is already law. The Miller case is a failure of the judiciary; they did not rule on the law, they ruled on what they wished the law would have been if they had written it.
They interpret the law but they can't make stuff up. Miller's ruling that the shotgun is not a military weapon is simply making stuff up. No one in their right mind could say that with a straight face if they had any knowledge of the shotgun's use in the American Revolution, the Civil War, various lesser wars and the recent (for that court) example of WWI.
That is judicial acitivism and it is wrong.