Issue Position: Restore Our Courts to True Judicial Review Instead of Judicial Activism

Issue Position

When our courts create new laws through creative interpretation, this is called legislating from the bench or judicial activism. Congress is the origin of laws that affect the people of the United States, and Congress is accountable to the people through elections. In the case of the Supreme Court, the judges are federally appointed for a lifetime term. They are not accountable to the people, therefore they do not have the authority to legislate. The only repercussion for judicial activism is impeachment. George Mason, "father of the Bill of Rights" explained "impeachment was for attempts to subvert the Constitution".

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