The Constitution empowers the people to resolve our day's most contentious issues. When judges forget this basic truth, they do a disservice to our democracy and to our constitution.
Judges are not members of Congress, they're not state legislators, governors, nor presidents. Their job is not to pass laws, implement regulations, nor to make policy.
Judges need to restrict themselves to the proper resolution of the case before them. They need to avoid the temptation to set broad policy.
When it comes to our Constitution, judges perform, certainly, an important role. But the people, acting through their elected representatives, should play an even more important role.
After all, our Constitution was intended as a popular document. It was drafted and ratified by the people. It established democratic institutions. It entrusts the people with the power to make the tough decisions. And, in most cases, it prefers the will of the people to the unchecked rule of judges.
In my opinion, Chief Justice Roberts put it best during his recent confirmation hearings. And he said, and I quote, "The framers were not the sort of people, having fought a revolution to get the right of self-government to sit down and say, 'Well, let's take all the difficult issues before us and let's have the judges decide them.' That would have been the farthest thing from their mind," however, I fear that the Supreme Court forgets this advice.
To add to the confusion, some of the court's decisions involved multiple concurrences and dissents, making it hard even for lawyers and judges to figure out what the law is and why.
Our constitutional system is founded on democracy: the will of the people, not the unchecked rule of judges.
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