Some Reflections on Judicial Activism

About the Book

The founding fathers of the United States were the authors of the United States Constitution which has served this country well for over two centuries.  This book is about judicial activism.  There are two important provisions of the Constitution which are involved in this discussion.  First, the Constitution provides for the separation of powers in the Federal Government.  Second, the Constitution guarantees to every state in the Union a Republican form of government, which gives the people of the States the power to govern themselves.

Judicial activism occurs when the United States Supreme Court exercises legislative power.  President Washington cautioned those entrusted with the administration of the government to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another.  When the Supreme Court legislates, it tends to impair the capacity of the State governments to govern themselves.

The book contains several historical sketches which describe the development of the rule of law, the development of the common law in England, the making of the United States Constitution, plus several sketches that describe some aspects of the legal systems in the United States.

The rule of law was a very important concept that was acquired by the original States from their colonial experience.  When the departments of the United States government do not observe and respect the separation of powers, they do not follow the rule of law.

Also, included is a Chapter Entitled “The Judicial Assault on Religious Liberty”.

About the Author

I was born and raised in a small town in the upper Mississippi valley. I received my primary education in the State public school system. I received my A. B. degree from a State University in the midwest in 1939. I then entered the law school of that University, but my legal education was interrupted by World War II. I went on active duty with the United States Navy late in 1940, and remained on active duty until released to inactive duty in February, 1946. I participated in the allied invasion of Normandy, and in the invasion of south France. My last Navy duty before the war ended was as the Captain of a fleet minesweeper based in Pearl Harbor, Hawaii, where we were waiting for the invasion of Japan. After the war I returned to law school and was graduated in 1947. I then entered the general practice of law for several years. In 1964, I left general practice to take a position as house counsel for a State public agency. After several years as house counsel, I became an Administrative Law Judge for a State Agency. After approximately two decades in this occupation, I retired.