Tuesday, March 01, 2005

Francis Schaeffer on Judicial Activism

"...within a wide range, the Constitution of the United States can be made to say what the courts of the present want it to say--based on a court's decision as to what the court feels is sociologically helpful at the moment. ...once the door is opened, anything can become law and the arbitrary judgments of men are king. Law is now freewheeling, and the courts not only interpret the laws which legislators have made, but make law. Lex Rex has become Rex Lex. Arbitrary judgement concerning current sociological good is king.

As arbitrary absolutes characterize communistic rule, so there is a drift in this direction on our side of the Iron Curtain as well. This means that tremendous changes of direction can be made and the majority of the peopel tend to accept them wihout question--no matter how arbitrary the changes are or how big a break they make with past law or past concensus" (emphasis Schaeffer's).

Quoted from How Should We Then Live? in The Complete Works of Francis A. Schaeffer, Volume 5 (Wheaton: Crossway Books, 1982), p. 220ff.