Comment by gwright
1 year ago
> Activism is activism regardless of whether it "strengthens individual rights" or not
My comment wasn't very clear, but I was trying to communicate that recognizing that the Constitution is centered around the idea of a limited federal government with explicit powers is not evidence of inappropriate "activism". Instead it is evidence of appropriate checks on federal overreach.
I don't know what to make of your statement "activism is activism". To be a useful term, "activism" needs to mean something other than "doing something" or "doing something that I disagree with".
My definition of judicial activism would be ruling in a biased manner to get a politically desired result rather than solely on the basis of the facts and the law as written.
You can rule in a biased manner in favor or individual freedom or against it. My point is that that's not relevant to the definition.
I do agree with you however that the current U.S. constitution is centered around the idea of a limited federal government with enumerated powers and that therefore an unbiased interpretation of the constitution as written will tend to result in rulings that support individual freedom in general, though that's not a hard and fast rule.