"Judicial activism has harmed virtually every aspect of public policy in America."
"Liberalism has accomplished much of its agenda in the last 30 years not through the electoral process, but instead in the federal courts," charges former U.S. Attorney General Ed Meese. "Conservatives," he concludes, "will never be able to shape public policy until they can curb activist judges."
Writing in the current issue of Policy Review, published by the Heritage Foundation, Meese offers several suggestions for how Congress can "confine the judiciary to its proper constitutional role." He recommends, for instance, that the Senate "use its confirmation authority to block the appointment of activist federal judges." Meese insists that "senators should ascertain a prospective judge's commitment to a philosophy of judicial restraint and fidelity to the Constitution." He urges the Senate to abandon its practice of voting to confirm judicial nominees "in bundles." Each nominee should be voted on individually, he contends, "in order to remind the prospective judge and the public of the awesome responsibility of each new member of the judiciary." We should hold every Senator accountable for every judge confirmed to the federal bench.
Meese also recommends that Congress "strip the American Bar Association of its special role in the judicial selection process." Citing its support for "federal funding for abortion services for the poor, racial and ethnic preferences, and a ban on assault weapons," he concludes that the ABA "has shown itself to be a special-interest group." As such, it is unworthy of any "special status or authority" in recommending candidates for judgeships.
Meese urges Congress to "exercise its power to limit the jurisdiction of the federal courts." He notes, for instance, that "some federal judges have indicated that they would invalidate private-school choice plans under the Establishment Clause" of the U.S. Constitution, and recommends "restricting the Court's jurisdiction over this issue." Arguing that "tax increases imposed by appointed, life-tenured federal judges [constitute] taxation without representation," Meese encourages Congress to consider "restricting the federal courts' authority to order any government at any level to raise taxes under any circumstance." Congress should outlaw the appointment by federal judges of so-called special masters to "micromanage prisons, mental hospitals, and school districts." Congress should also "remove the jurisdiction of the lower federal courts over same-sex marriages to ensure that this cultural issue is decided by the legislative process in each state."
Ed Meese entreats Members of Congress to "stop the federalization of crime and the expansion of litigation in federal court." The federal government must learn to respect the sovereignty of the states. "Whenever Congress enacts a new federal criminal statute or a statute creating a cause-of-action in federal court," Meese explains, "it enlarges the power and authority of the federal courts and provides more opportunities for judicial activism." He warns that "the federalization of crimes that have traditionally concerned state and local governments upsets the balance between the national government and the states."
