When you hear mention of "activist judges" and "legislating from the bench", what you hear is a sales-pitch for the continued reduction of the ability of our judicial branch to review executive and legislative branch actions. Such review is part of the foundation of our system of government, as it is there to prevent the other two branches of government from doing things that are un-constitutional, such as section 215 of the Patriot-act, for example. After 9-11, which has sinister similarities to the Reichstag-fire in 1933 Germany regarding the ways in which the incident has been used by extremists to seize our government, the ACLU immediately recognized the dangers posed by the Patriot - Act (Hitler's version was called the "Enabling Act"), and some of what they noted can be read here.
http://www.aclu.org/NationalSecurity/NationalSecurity.cfm?ID=9810&c=111
This is a crucial issue and our careful resolution of it will make the difference between Liberty and Justice for all, ...
or the gas chambers.
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