Following the Constitution isn't "judicial activism"

Co-opting conservative terms like “judicial activism” is a cute way of trying to turn the tables on those who have some reverence for the original intent of the Founders.

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The true activist invents new ways to expand power and set precedents allowing his or her ideological views to be embedded in the “Constitution” forever. An activist searches for ways to rationalize intrusions, not to limit them — unless the breach involves terrorism suspects and the guy holed up in the White House is a Bush.

Vinson may be overruled, but his decision is cogent and persuasive and doesn’t seek out excuses for abuse. His ruling asks for the kind of government restraint that judges rarely have the appetite to call for, even though, need I remind you, “judicial activism” in the defense of liberty is no vice.

Now, it also takes impressive chutzpah for the White House to call Vinson’s decision “overreaching,” when we’re in the middle of discussing a piece of legislation that, for the first time in history, coerces American citizens to buy a product in a private market by defining economic inactivity as activity.

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