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"Children should be educated and instructed in the principles of freedom." -- John Adams (Defense of the Constitution, 1787)

Judicial Review and Activism

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Policy Position

In the view of many, our country and our state are moving more and more from a Republic and towards an Oligarchy. Justices have for too long been legislating from the bench, pushing their own political agendas through the legal system, unchecked by Congress and the executive branch. Essentially they have too often seen it fit to redefine the Constitution and to use words to mean whatever they need them to mean, rather than upholding original intent. In Colorado, the Supremes allowed a judges ruling on congressional redistricting to stand, when the Constitution is clear that the legislature is to draw the new redistricting lines. In another instance, the Colorado Supremes overturned a state constitutional amendment, (Amendment 2) against the will of the voters and the U.S. "Supremes" upheld the decision.

Samuel Adams stated:
[I]f the public are bound to yield obedience to [policies] to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.

At the Constitutional Convention, Luther Martin, delegate to the Constitutional Convention of 1787, warned:
It is necessary that the supreme judiciary should have the confidence of the people. This will soon be lost if they are employed in the task of remonstrating against [opposing and striking down] popular measures of the legislature.

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