I’ve been watching the “reruns” of the opening statements of the Roberts confirmation hearings and I’ve been totally struck by the Republican senators’ constant harping on this “judicial activism” thing. “Our courts are legislating from the bench!” they’re saying. “This is not what the Founders had in mind!”
I’m sorry, boys, but I don’t think the Founders imagined that you all would get so creative with the commerce clause. The Supreme Court hears cases about which there is a Constitutional question. If you stopped overstepping your authority maybe they wouldn’t have to overturn your legislation so often.