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In reply to the discussion: No, State Governors Can’t Refuse To Accept Syrian Refugees [View all]Manifestor_of_Light
(21,046 posts)If the Supremes or the Federal bench are "making law" which is bad to a conservative (legalizing gay marriage) because they don't know about judicial review or Marbury v. Madison, then those are bad "activist judges".
However, if the Supremes say that corporations have no limits on campaign contributions, which is a form of free speech, in "Citizens United", then that's not an activist judge. That's a judge that is expanding the law the way THEY want it expanded.
The buzzword for good judges back in the 1970s during Watergate was "Strict constructionist". They have some other buzzword now, I think it's "original intent". Uh, that's why we have Constitutional Amendments at times.
The original intent of the founders was for white men who owned real property to vote, and to shut every one else out. They were elitist.