Careful what you wish for, Your Honor

Went through a thought experiment a few days back about judicial activism and the emasculation of the US Constitution by the courts.

Where do judges get their authority?  It’s not from standing armies, staffs of meddling bureaucrats or, despite the best efforts of the labor mafias in Wisconsin, gangs of street thugs.  Judges get their authority from the Constitution which defines their relationship within the government.  If there were no Constitution, where would judges get their authority?  Answer is from any thug who has a standing personal army, staffs of meddling bureaucrats or gangs of street thugs.  In short, without a standing Constitution, judges and the courts essentially become powerless except as mouthpieces justifying the abuses of the thugs who have actual power.  This is where judicial activism takes us.  When the Constitution is anything people in power want it to be, then there is no constitution.  And if there is no Constitution, there is no reason for the courts to interpret it.  When law is Their Will, whoever They of the Political Overlord Class are, there is no need for judges to ensure fairness.

The end state of Judicial Activism is no judiciary at all.


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