The underlying point of Judging Statutes is that the American constitutional system requires a deep respect among the institutions of governance—which includes a respect by Congress and the courts for the key role that executive-branch officials play in their front-line role of interpreting the meaning and intent of the laws Congress passes in order to implement them; a respect by Congress for the difficulty of that executive role and for the role of the judiciary as independent arbiter; and very importantly, the respect of judges for the inherently political nature of Congress, and the difficulty and messiness involved in building coalitions and passing statutes.
Link Url:
http://www.theatlantic.com/politics/archive/2014/09/how-activist-judges-undermine-the-constitution/380413/
