The Power of Corruption: A Case Towards Judicial Activism in the 21st Century

Abstract

Throughout the course of history unelected judges have been abandoning their roles as legal enforces and abusing the judicial system. From slavery to homosexual marriage, the Court has consistently stepped beyond its boundaries and interfered with the law making branches of the government. These blacked-robed rulers no longer feel obligated to connect their opinions to the U.S. Constitution and thus must be stopped. Clearly, this is true with the case of same-sex marriage; this is the first highly controversial case where elected officials can make a stand against judicial activism. By restricting the Supreme Court from overhearing this case, a clear message will be sent to judges everywhere: It is not within the court systems capacity to make laws. This does not mean that a properly functioning court system is no longer needed, for it remains imperative that they perform their roles as America's legal interpreters. Instead, they need to function within the boundaries that are set for them and not ones they have set for themselves. Furthermore, this controversial case can become precedent towards combating egotistical law-making judges; these judges must be stopped now before they usurp any more power. The Senate must pass H.R. 3313 onto the President for immediate signing, placing the oversight of this issue into the hands of the state courts and henceforth allowing Congress to act within its official capacity as legislators.