Family Research Council

Judicial Activism and the Threat to the Constitution

By Dr. Robert P. George

When judges exercising the power of judicial review permit themselves to be guided by the text, logic, structure, and original understanding of the Constitution, they deserve our respect and, indeed, our gratitude for playing their part to make constitutional republican government a reality.

But where judges usurp democratic legislative authority by imposing on the people their moral and political preferences under the guise of vindicating constitutional guarantees, they should be severely criticized and resolutely opposed.

In this publication, distinguished constitutional scholar and Princeton professor Robert P. George explains the meaning of judicial activism - how judges exceed their constitutional powers when they seek to write laws rather than interpret them, and examines the history of judicial activism in United States courts.

He illustrates how family values and the institution of marriage itself have been undermined and threatened by judicial activism, and offers some paths to reform.