Judicial Activism: Eroding American Law


Judicial activism is on the rise, according to a recent MichiganAllRise.org article. In short, activist judges are those who feel the leeway to interpret law that the legislature has set forth.  Non-activist judges recognize that their influence must be limited to simply upholding the meaning and intent of what has already been written into law.

The major problem with judicial activism is that it erodes the power of the legislative branch of government, and thus the voice of the people.  Judges who can "re-write" laws according to their personal biases are, in a sense, "going rogue": usurping power that was not meant to be theirs, and thus evading the "checks and balances" set up by our nation's founders for the separate branches of government.

Judges were intended to uphold law; not make it.  When activist judges work, they are making our system of government less democratic than it was created to be.  We must support and celebrate those judges who work to interpret laws as they were written.  

What should be done about the increase in judicial activism?  Share your thoughts in the comments below!