Questions and Answers: Why Should I Care About Judges and Judicial Nominations?

Summary: Many of the negative changes in American society over recent decades have been imposed by unelected, activist judges. This paper examines how that has happened and why the fight over judicial nominations in the Senate is so important.

by: Mr. Peter Sprigg

Q - Why should pro-family citizens care about the appointment of judges?

A - Many of the negative changes in American society over recent decades have been imposed by judges. The removal of prayer from public schools, the creation of a nationwide "right" to abortion, and the legalization of same-sex "marriage" in Massachusetts were all decisions imposed by activist judges, without considering the will of the people and their elected representatives.

Q - What do you mean by "activist" judges?

A - "Activist" judges are judges who impose their own policy preferences in their decisions. Judges are only supposed to interpret the law, not rewrite it. Legislatures, elected by the people, write laws, and the executive branch of government (headed by an elected official) is responsible for enforcing them. Activist judges effectively take away your right to affect policy by your vote.

Q - How have activist judges abused their power?

A - Judges are abusing their power if they read into the Constitution principles that are not declared by the plain language of the Constitution. For example, the First Amendment says, "Congress shall make no law respecting an establishment of religion." But nowhere does it say that there should be a strict "separation of church and state" at all levels of government, barring any acknowledgment of God. The decision legalizing abortion was based on the "right to privacy"--but no such right is declared in the Constitution. [More]

Recommended Reading: Supreme Injustice
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