The idea of judicial activism has been one of the major points of contention the past few years. The idea that a few judges are determining a law to be un-constitutional with out seeming to reference anything in the constitution has been a source of frustration and at times joy for the people of this country.

This is what led to current fight for Proposition 8. Four judges decided that the California constitution gave same-sex couples the right to marry (though the California Constitution only mentions marriage in terms of property rights) and struck down a law that pass by 61%.

I’ll stop rambling now and link to an column that Orson Scott Card wrote that says what I mean much better then I do.

Upholding the Constitution by Orson Scott Card