The View From 1776
Thursday, January 12, 2006
Judicial Activism - Summary of Prior Postings
Earlier postings covered the following:
—Part I: The historical background and jurisprudential framework of constitutional law.
—Part II: Events of the mid-19th century set judicial activism into start-up mode.
—Part III: What the writers of the Constitution intended to be the role of the Federal judiciary under a Constitution of limited powers.
—Part IV: The liberal-socialist mindset behind judicial activism since 1937.
—Part V: The rights of private property, the single most important foundation block of English and American constitutionalism.
—Part VI: Marbury v. Madison, decided in 1803, established the precedent that the Supreme Court has the power to declare Presidential and Congressional actions unconstitutional.? It was the start of judicial activism.
—Part VII: The second broadly defined period of judicial activism started in the years leading up to the Civil War, when the Supreme Court wrestled with Federal-state conflicts produced by the growth in commerce among the states and the changing nature of corporations and property rights.
—Part VIII: Judicial activism since the 1950s has been driven by liberalism?s presumption that the mind of man controls everything, therefore any perceived imperfection in social conditions must, and can, be righted.? Katrina?s destruction offers us a glimpse of a liberal social-justice issue aborning: tort-bar manufactured suits against insurance companies.