Judicial Imperialism

Exposing Activist Judges, Restoring the Rule of Law

Definition: Judges expand the power of the judiciary beyond its constitutional limits.
Judicial Hubris: Judges engage in judicial hubris, making claims of judicial supremacy/judicial exclusivity.
Self-aggrandizement: Judges arrogate power from the other branches to decide issues that do not fall within the purview of the judicial power.
Independent Judgment Masquerading as Law: Judges cite their own “independent judgment” as authoritative when there is no justification thereof, wresting power from the elected branches.

Heritage Research on Rule of Law

The Constitution must trump racial politics 6/9/2009
Bad On Guns 6/4/2009
Not a Zero-Sum Game: Replacing Justice Souter Risks a More Activist Court 5/5/2009
Appealing to the Judge's Better Angels 2/19/2009

Featured Story

Heritage Analysis of Cooper v. Aaron

The Court attempted to justify its radical understanding of the Court’s role by abusing precedent—in this case, perhaps the most famous case in the history of the Supreme Court—Marbury v. Madison. But Marbury said not a word about judicial supremacy or exclusivity. In fact, Marbury specifically articulated a limited judiciary: “The province of the court is, solely, to de...

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