Activist Judges

The most frequent evidence cited by conservatives to rail against activist judges is the “creation” of the Right to Privacy in Roe v Wade. And in fact that’s also used to imply if not state that liberal justices are activists while conservatives… aren’t.

That ended earlier this week with McDonald v Chicago. In the opinion from the case, Justice Alito frequently referenced yet another right not mentioned in the constitution; the right of self-defense. In Roe v Wade the right to privacy was declared a core element of the 14th amendment. In McDonald v Chicago:

Self-defense is a basic right, recognized by many legal systems from ancient times to the present day, and in Heller, we held that individual self-defense is “the central component” of the Second Amendment right.

Conservative judges are activists, too.

Or more accurately, there are rights not enumerated in the constitution which still exist.

But the next time someone whines about liberals creating law and constitutional rights out of whole cloth, ask them to show you where the right to self defense is in the constitution.


2 thoughts on “Activist Judges

  1. Not only in the constitution, but the ‘central component’ of the 2nd amendment. How odd that the only form of self defense the constitution explicitly mentions is collective self defense, the militia.

    • Actually even that’s not quite correct. The main body mentions “common defence” twice. Once in the preamble, stating that it’s one of the objectives of the constitution, and in Article I Section 8 where it specifies this as part of the job of Congress.

      The second amendment makes no statement of defence in any fashion. The phrase is “security of a free state.”

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