Strangecloud posed a very interesting dilemma to my idea in the last post. His point was that Judicial Review was put into place as part of checks and balances in the government. If I remember my history
correctly, Judicial Review was actually a creation of a certain Supreme Court (I want to say Marshall, but I may be mistaken). In fact, even at the time it was quite controversial.
There is a movement inside congress to restrict judicial review over topics such as homosexuality and school prayer. The problem is that the judiciary has become all powerful, casting rulings on controversial issues that should be decided by the country’s populace and not the “enlightened” thinkers on the bench.
The part that even gets me more riled up is the fact that when the citizens do speak through their representatives about issues such as abortion and school prayer, these same justices have the audacity to say that their ruling trumps the clear reading and the people’s wishes.
My point is that since it seems impossible to keep these justices in check via legislation and since people put so much weight on how a justice will rule on moral issues (not issues of Constitutional understanding), that we need to take away or scale back that power.