NOTE:  The role of a judge is to be a neutral interpreter of already established law, not legislator of new law or social policy.  A judge can have his or her own opinions, even strong ones, and still read the law neutrally.  Fundamentally, judges are expected to not bring their personal politics and philosophies to the bench. Judges are expected to read the law in its clear intent and apply it without regard to result. Changing the law should be left to the people and their legislators.  (Adapted and excerpted from an article in the WashingtonPost.com - For the transcript, click here.)

Directions:  Write agree or disagree next to each of the 5 following statements.  Also explain your position for each statement.

____________________ "One of the big confusions in the...Senate fight over the confirmation of judicial nominees is that this is an issue about "liberal" judges versus "conservative" judges.  The vastly more important issue is whether people who go into court should expect their cases to be decided on the basis of the law or on the basis of the particular judge's own philosophy." (para. 1)

____________________ "Liberals have rooted for judicial activism because this activism has favored liberal causes and liberal views on such issues as abortion, the death penalty, gay marriage, and racial quotas.  But activism can be used by any judge for any purpose." (para. 3)

____________________ "Judicial Activism means the erosion of the American people's Constitutional right to govern themselves." (para. 6)

____________________ "[The Supreme Court's] decision banning the execution of murderers under the age of 18...was based on "evolving standards" and a "national consensus," as well as what people were saying in other countries.  Even if all of this were true, none of these things is statutory law, much less the Constitution of the United States." (para. 7)

____________________ "...a less dangerous option would be putting on the judicial bench people with a track record of supporting judicial restraint rather than activism."