Restoring the Proper Role of the Courts

From The Heritage Foundation:

America is edging towards a crisis in the role and operation of the federal courts—a crisis that threatens our constitutional democracy. Increasingly, we see judges ruling more on the basis of their personal opinions or their own particular view of the good society. In the process, courts regularly are ruling in ways that expand federal power and diminish the authority of the states and the freedom of citizens. As the courts have become more politicized, so has the judicial confirmation process. The political views of judges—or their perceived views—rather than their proven adherence to the rule of law is fast becoming the criterion for Senate confirmation. If we are to restore proper limits on government and protect our cherished freedoms, we must reverse this dangerous erosion of the proper role of the courts. To do this, the Administration must demand fidelity to the rule of law as the test of confirmation, the Senate must be pressed to change its rules to prevent obstructionists from holding up nominees, and the courts must be urged to enforce the federalism and limited government provisions of the Constitution.