Monday, November 14, 2005

Judicial Activism!?

Well, this will cause a stir.

I find it really amazing that the Republicans decry judicial activism, but are now trying to engage in it to overturn an interpretation by the court made 30+ years ago. I mean if Roe v. Wade is bad, then is Brown v. Board of Education? Where do you draw the line? The sad thing is that in many ways, I don’t think they understand how Common and Judicial law work.

Now I will admit to being a novice, but my understanding is that the law evolves over time as there are differing understandings of how it is to be interpreted. I think that the Constitution and our interpretation of it has to change as we change. It is a living document.

The dichotomy here is the same I notice with them and Abortion/Death Penalty. They use the Bible to condemn murder, but then support the death penalty. If it is wrong to kill, then it is wrong to kill. One does not excuse the other.