Tuesday, July 10, 2007

The article in the New York Times talks about how Judges in the Supreme Court are becoming activists and making laws instead of interpreting them, often invoking the 14th amendment. They are using their powers to overturn decisions made by congress in many cases due to the appointment of many conservative judges. In cases such as the segregating of the schools in Chicago show that the Supreme Court is appearing to reverse many of the decisions made in the past. The article also mentions that we may go back to an era where judges were activists and enforced new laws, such as the Lochner Era in 1905.

Although the judges may, in interpreting the law, have to create new laws or abolish outdated ones, I feel that lately the judicial branch is becomming too powerful. Just as we have written about the checks and balances the first week of our blogs, if the Judicial Brach is allowed to make more laws then they are essentially taking away the rights that are given exclusively to the congress. In cases such as the segregation of the school in Chicago, for example, I feel that it is a step backward from achieving equality for all races and would bring shame to civil rights activists, who fought their whole lives for equality, wuch as Martin Luther King Jr.

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