Commentary by walford
Why Elana Kagan is no Tina Brown
...Critical Legal Studies -- a school of thought which deems law fundamentally oppressive and renders everything completely relative -- is the linchpin of judicial activism. If everything is the product of subjective perspective then the law becomes whatever judges make it.
This is critical for freedom-loving people everywhere to understand if liberty is to be preserved. Judicial activism renders berobed, unelected elites with lifetime tenure a modern aristocracy. They are willing to tolerate legislation to be enacted by our elected representatives, but people like Elena Kagan see the judiciary as a cadre of Philosopher Kings whose purpose is to serve as a check upon popular will when it is deemed to be wrong by Our Betters.
The same goes for the Constitution, which is a document that was explicitly crafted to prevent arbitrary law dictated by an elite. People like Elena Kagan will declare it to be a "living document" when in fact they are doing everything they can to kill it so the aristocracy [that is determined by political pull rather than birth] will rule over us unfettered. This benign tyranny husbands us toward Utopia -- often against our will -- much like Lenin's Vanguard Party. "The masses" have been exploited for too long by the bourgeoisie to know what's good for them.
Put simply, judicial activism is essential for pushing us toward arbitrary law -- viz. tyranny. And there is no such thing as benign tyranny in practice, no matter how smart or well-meaning the tyrant. Ever.
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