Activist Judges

The Constitution has served our country fairly well over the years. Has it survived because of its unbending principals? If you accept the premise that this is a living document, you should consider that it has the potential to grow beyond its original meaning in some regards.

Without "activist judges"
1. You could shout "fire" in a crowded theater and cause panic and be protected by freedom of speech.
2. You could not buy a condom.
3. You would not have a right to remain silent if detained by the police.
4. You could not have an abortion.
5. Our Congress would actually have to declare war before we invade foreign countries.

I agree with some of these things but not others, but overall I understand that someone needs to be the final arbiter of what the Consitution means and that is best left to judges.

One thing I think should be pointed out is that Tom Delay does not know what an activist judge or a strict constuctionist is. He's just using it as "code" for rightwing thinking. His agenda is pro-life and no affirmative action. He grouses because the federal courts refused to step into the Teri Schiavo case. But in doing so, they were actually "strict constuctionist" recognizing that the Constitution does not have a "right to live" or "right to die". He's just muddling the definitions and being an idiot.