What To Do About American Judicial Overreach?

American conservatives have been bemoaning judicial activism since at least the 1950s, but the problem is getting worse. Today, courts mandate the release of criminal aliens into our communities even as they jail peaceful Christians for refusing to play along with “gay marriage.” Yet cowardly Conservatism Inc. apparatchiks still refuse to confront judicial tyranny, fearing negative consequences that might flow from “extreme measures,” and content themselves by vainly hoping future Republicans will appoint more strict constitutionalists. In his new book Stolen Sovereignty: How to Stop Unelected Judges from Transforming America, Conservative Review’s Daniel E. Horowitz, a long-time VDARE.com favorite, urges his fellow conservatives to abandon such vain hopes and gird up their loins for a death struggle against the out-of-control judiciary.

Horowitz points out that recent court decisions represent a new level of judicial imperialism that would have made Earl Warren blush. In its gay marriage decree, the Supreme Court mandated a social revolution in the name of a concept not only utterly absent from the Constitution, but non-existent until a generation ago.