Thomas most activist, Breyer least activist

[Wakie]

Judicial activists are judges who use the power of judicial review to overturn laws for the purpose of shaping government policy, rather than upholding the Constitution. It isn't just about striking down laws.

I'd be more interested in looking at state laws, anyway.

Hmm ... actually in most arguments I've had with my conservative friends they argue that "Judicial Activism" is about the judiciary overturning the "will of the people".

Since the Constitution can be interpretted in different ways by different people don't you think it is kinda cheesy to argue that "judicial activists" are those who disagree with your particular take on it?

[Wakie]

And who is to say what is the "actual, informed interpretation"?  I would think the foremost legal scholars in the land (aka the SCOTUS).

I think it is cheesy for folks to characterize every judicial decision with which they disagree as being "judicial activism".

A fair way to quantify "judicial activism" is what jfern did.

BTW, if you want a better definition of activism check out m-w.com.  Wikipedia is just a compilation of user commentaries.  I'm sure we can find entries there with which you would strongly disagree.

[Wakie]

And who is to say what is the "actual, informed interpretation"?

The people who wrote the document. Check out the Federalist Papers sometime.

I have checked them out.  And there are 2 important points.

1. They don't address all issues and the authors are, unfortunately, dead.

2. If we go by them we have a "wall between church and state" which doesn't exactly jive with most Republican thinking right now.  In fact going with that view has led some to label judges as "activist".

[Wakie]

Separation of church and state is found nowhere in the Federalist Papers. You're completely clueless.

Pardon me.  Jefferson made the famous "wall between church and state" in a letter to the Danbury Baptist Association of Connecticut.  My bad.  In the Federalist papers Hamilton just talks about how the President has no spirtual authority over the nation.

[Wakie]

Separation of church and state is found nowhere in the Federalist Papers. You're completely clueless.

Pardon me.  Jefferson made the famous "wall between church and state" in a letter to the Danbury Baptist Association of Connecticut.  My bad.  In the Federalist papers Hamilton just talks about how the President has no spirtual authority over the nation.

But yet Jefferson funded preachers with federal tax money to Christianize indians. Yeah, he was for seperation.

He gave a one time $50 gift to a preacher who was the only national contact with a group of indians.  He did not specify "evangalize".  This was more about diplomacy.