The nomination of Neil Gorsuch to serve on the United States Supreme Court brings our nation to a fork in the road. To the left, we have proponents of judicial activism, to the right we have constitutional originalists. The road forward is currently under construction with unions of leadership keeping an eye on self-promotion and positioning for public opinion to enhance their personal goals. The perils of politics are the real potholes in our path.
Our Constitution designates three branches of government. The Legislative Branch has the responsibility to enact our laws, the Executive Branch is responsible to administers and enforce the laws. The Judicial Branch is responsible to interpret the law as written. The Executive and Legislative body are elected. To provide a degree of checks and balances the Judicial Branch is nominated by the Executive Branch, and Appointed by the Legislative Branch.
This brings us back to our fork in the road where the originalists would favor a candidate that would attempt to interpret the words of the Constitution as they were understood at the time they were written. Whereas the judicial activist would interpret the Constitution as a living document basing interpretation with consideration for personal or political considerations and climate of the day.
If the legislative branch is active and responsive to their constituents the laws that are written will not require judicial activism to interpret as they will directly reflect the will of the voters. The originalist will only interpret the actual content of the legislative branch and concurrence would be common on Supreme Court.
Judicial activism is the result of those in the legislative branch failing to recognize their responsibility and abdicating their role to an appointed judiciary, often chosen with the intent to do what those elected have neither the courage or character to fight for or accomplish lest they jeopardize their own re-election. It only exists because of legislative cowardice by those lacking a profile of courage and character holding office.
The true change of direction our nation needs is found in those that support judicial activism from the Legislative Branch. In Connecticut that means finding replacements for Senator Murphy and Blumenthal. It means finding candidates willing to stand with courage to advocate for their constituents and not depending on a judicial activist to enact an agenda from the judicial bench. Senators supporting Neil Gorsuch understand their role and responsibility something both Blumenthal and Murphy have yet to learn.