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Thursday, December 14, 2006
Thomas Sowell :: Townhall.com Columnist
Supreme Farce: Part II
by Thomas Sowell
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Will the Dems' health care Christmas Present to America be an improvement or detriment to our health care system?


That is the grand fallacy of social engineering in general.

No doubt the central planners in the days of the Soviet Union knew more economics than the average Soviet citizen. But nobody knows enough to set the 24 million prices that central planners had to set.

Yet hundreds of millions of ordinary citizens could have dealt with 24 million prices much more effectively because each individual or enterprise had only to deal with the relatively few prices necessary for their own decision-making.

In this, as in so many other situations in so many other societies, the total knowledge of the many vastly exceeded the special knowledge of the few.

That is what makes limiting the powers of the government so important -- because it is virtually impossible to limit the presumptions of government officials, whether legislative, executive or judicial.

In the United States, those limits are set by the Constitution. Yet those limits have been repeatedly and increasingly exceeded by activist judges claiming that the laws are "not clear."

It is shameless sophistry. But they are not going to stop until they get stopped. And the only way to stop them is to start impeaching those judges who go counter to the law.

There will of course be outcries about a threat to an "independent judiciary." But the judiciary is not supposed to be independent of the laws, which is the dangerous situation today.

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About The Author
Thomas Sowell is a senior fellow at the Hoover Institute and author of The Housing Boom and Bust.
 
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gunner
Certainly activist judges are a problem. So far I haven't seen too many of Breyer's opinions that makes me think he is activist. However, your description of activism particularly applies to Scalia's dissent in Lawrence v. Texas. Interestingly I wouldn't call Thomas an activist (just Scalia).

doublespeak example
An appropriate example of the supreme court's doublespeak is as follows: When black kids were bussed past the local neighborhood school, it was called segregation. When my white kid is bussed past the local neighborhood school, it is called integration.
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