Monday, January 19, 2015

Say What? Rand Paul Advocates Judicial Activism

Conservative commentators will criticize Paul for his immature views on politics and the Constitution. And rightly so. But I think there is something even deeper here. Paul’s favor of judicial activism has the effect of relieving himself, as a member of the Senate, of any responsibility for solving constitutional problems.

(NRO) If he really believes that the NSA surveillance program violates the Fourth Amendment, he should do the heavy lifting in Congress to cut off funding for it or to place it under heavier congressional oversight. Instead, he takes the easy route of demanding that the courts do something about it.

If Paul really thinks that the president is waging unconstitutional wars, Paul should persuade his colleagues to defund the strikes in Syria and Iraq. It is politically and constitutionally lazy to just demand that the courts do something about it instead.

Paul’s position on judicial activism represents an abdication of his constitutional responsibility, as a member of a coordinate branch of government with an equal obligation to enforce the Constitution.

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Posted By: Chris Carmouche