Monday, April 25, 2005

To Sum Up.

Yes, I do believe the radical doctrine of separation is a result of judicial activism.

Paul's next question is then to ask what can be done to restore law to its correct state.

It comes down to judges and more importantly the schools. Justice Scalia in the book I am reading states laws schools do not spend much time on interpreting statutes. If law schools do not, guess what? It is going to be no better for those writing the laws. We have come to all but require judges be lawyers, that expectation while common for legislators can be characterized as required.

A legislative body can promulgate poorly written law and this invites judicial activism. Even well written law is not immune to activist interpretation but at least there would be one less avenue for an activist judge to drive down.

The fix is not a short term solution but is going to require patience and diligence.