New Bill to Protect the Republic from Activist Judges Needs Co-Sponsors

August 15, 2006

By Tom DeWeese

Activist judges have been a plague on American liberty for decades. Many of their rulings, based more on political agendas than the rule of law, are affecting individual states’ authority to their 10th Amendment right to republican rule and is a threat to liberty.

For example, the Supreme Court has used its powers to, in effect, overturn the abortion laws of all 50 states. After the Roe V Wade decision, states under threat of further legal action were forced to rewrite their laws to fit the decision of the court; In Alabama, Judge Roy Moore was forced to remove the Ten Commandments from the State Supreme Court grounds because a Federal judge declared the monument to be unconstitutional. Now there is a looming danger that Federal judges with political agendas will use their bench powers to overturn voter-approved ballot measures and legislative efforts in such issues as dealing with the definition of marriage.

So great is the power of activist judges that school boards are literally banning everything from voluntary prayer in schools, to wearing a tee shirt with a Christian message, for fear federal courts will take action against school officials. Across the nation, the outrageous spectacle of communities banned from displaying nativity scenes during the Christmas season is all too common.

Activist judges have declared themselves the power over state legislatures, school boards and city councils. Prayer in public places, personal privacy and now marriage laws are under siege from federal courts. Courts, in turn, are responding to a battery of lawsuits filed by such predatory activist groups as the American Civil Liberties Union (ACLU) – making the ACLU more powerful than locally-elected officials.

All of this is resulting in an agenda of social engineering profoundly hostile to liberty.

Americans have long wanted something done about this situation. The answer now comes from Congressman Ron Paul (R-TX). He has just introduced the “We The People” Act (H.R. 5739).

The We The People Act forbids Federal Courts, including the Supreme Court, from adjudicating cases concerning State laws and polices relating to religious liberties or “privacy” including cases involving sexual practices, sexual orientation or reproduction. The We the People Act also protects the traditional definition of marriage from judicial activism by ensuring the Supreme Court cannot abuse the equal protection clause to redefine marriage.

ACTION TO TAKE: Congress will only use its constitutional powers to restrain activist judges if and when it hears from the American people. And there is only one way the We The People Act will get a fair hearing and a vote in the Congress. It needs co-sponsors – lots of them.

1. Call or write your Congressman and tell him/her to take a stand against activist judges by supporting the We The People Act (H.R. 5739). Most importantly, urge them to sign on as cosponsors of the bill. The bill needs at least 100 cosponsors, to get a fair hearing in the House Judiciary Committee.

Phone calls and letters are the most effective way to contact Congress. E-mails and faxes are many times ignored. Members of Congress have been changing their e-mail addresses and fax numbers when we send out alerts. You can send an e-mail by going to each member’s website at

How to call: Place a call to the U.S. Capitol Switchboard: 202-225-3121. Ask for your congressman by name and the operator will connect your to his/her office.

How to Write: Congressman _______________________
United States House of Representatives
Washington, DC 20515

2. Call or write Rep. Jim Sensenbrenner (R-WI), Chairman of the Judiciary Committee to let him know you support the bill. He is the one who will determine the fate of the bill in committee.

Committee on the Judiciary Phone: 202-225-3951
Address: 2138 Rayburn House Office Building, Washington, D.C. 20515-6216

Tom DeWeese
[email protected]

Tom DeWeese is one of the nation’s leading advocates of individual liberty, free enterprise, private property rights, personal privacy, back-to-basics education and American sovereignty and independence.