MissAnthropy
2010-10-12 09:46:36

When people complain about “judicial activism” they are referring to the phenomenon of judges entertaining -novel- interpretations of the Constitution explicitly for the purpose of enabling or quashing particular legislation. And the phenomenon is very real. Do you really believe the Framers of the Constitution ever intended for the Commerce Clause to be interpreted in such a manner that the Federal government could dictate what an individual farmer grows on his own land for his own consumption? Or that the Federal government can mandate that every individual citizen enter into a business contract with another party? It’s ridiculous.