Senator Dick Durbin Accuses Justices Roberts And Alito Of Lying Under Oath

What Senator Dick Durbin does not recognize is that originalists define "judicial activism" as Supreme Court decisions that are made in spite of the Constitution. If the Supreme Court overturns a Congressional statute because the law violates the original meaning of the Constitution, that is not activism but applying the Constitution loyally. If the Supreme Court upholds a government action because it violates no provision of the Constitution as originally understood, that is also not activism but faithfully applying the Constitution. Judicial activism is seen in the many cases which are primarily outcome oriented, which desire a result and reach that result by twisting and bending the Constitution to mean what it never was intended to mean. Judicial activism, be it overturning Constitutional laws or legislating from the bench with no Constitutional backing, is defined as abusing the Constitution. It is not simply the act of overturning Congress for passing laws in violation of the Constitution, as Durbin's thoughtless comments would imply. Tweet