{"id":23974,"date":"2006-12-15T01:01:01","date_gmt":"2011-05-19T06:15:25","guid":{"rendered":""},"modified":"2011-05-19T06:15:25","modified_gmt":"2011-05-19T06:15:25","slug":"judicial_activism_and_the_constitution","status":"publish","type":"post","link":"https:\/\/admin.rushlimbaugh.com\/daily\/2006\/12\/15\/judicial_activism_and_the_constitution\/","title":{"rendered":"Judicial Activism and the Constitution"},"content":{"rendered":"
\n

RUSH: Jerry in Milwaukee, I\u2019m glad you waited, sir. Welcome to the EIB Network.<\/line>CALLER: Hi. Thanks for taking my call, Rush.<\/line>RUSH: Yes.<\/line>CALLER: I hear you and other conservatives, unfortunately, say that — make statements about judicial activism and judges making rights. Well, the Framers, our Framers of our Constitution created the Ninth Amendment that means rights not enumerated, not listed in the Bill of Rights in the previous constitutional amendment exists. Those are rights that exist even if rights weren\u2019t enumerated.<\/line>RUSH: Wait a second. Wait a second. Wait a second. First place, you have misquoted me. I do not say that activist judges create rights. Activist judges create law.<\/line>CALLER: Okay.<\/line>RUSH: The Ninth Amendment applies to Congress being able to do things, and it\u2019s just a cover-all. Hey, just because we don\u2019t mention it here doesn\u2019t mean it doesn\u2019t exist.<\/line>CALLER: Yeah, right.<\/line>RUSH: You have to understand something, though, about rights, and this is where I\u2019m going to lose you. Rights descend from God.<\/line>CALLER: Okay.<\/line>RUSH: Human rights descend from our creator. We are born with a natural yearning spirit to be free, for example. We are born.<\/line>CALLER: Sure —<\/line>RUSH: — as human beings with certain things built into us. The only thing governments do is take them away. The purpose of the Bill of Rights was to protect people from government. And when judges start making laws that affect people\u2019s lives that are not in the Constitution, when they start using foreign law to justify their own personal policy preferences, that is not rights being created, my friend, that is freedom being lost.<\/line>CALLER: Okay.<\/line>RUSH: Learn it, love it, don\u2019t bother me anymore, listen to what I say and learn something for once.<\/line>BREAK TRANSCRIPT<\/line><\/p>\n

RUSH: Okay, time once again to straighten out this judge thing. So many people, especially liberals and young people, have a gross misunderstanding of the whole concept of rights, where they come from, the purpose of the Constitution. It is one thing, and it\u2019s hard to pick out just one when we\u2019re talking about the Constitution, but if there is one thing to remember, ladies and gentlemen, it\u2019s purpose was to limit the ability of government to encroach upon our freedoms. It was government that they distrusted. It\u2019s not the other way around. The Ninth Amendment was never meant nor contemplated to grant the role of judges, the right of judges to start adding things to the Constitution. <\/line> It was never an instrument to empower judges, never, ever. I don\u2019t think the last caller — I don\u2019t think his use of the word “rights” was coincidental, and I don\u2019t think he was trying to misquote me. I think there\u2019s a large misunderstanding when people say, “I have rights! I have my rights!” People throw that around and they don\u2019t even know what they\u2019re talking about. Judges are out there inventing law. They are writing and creating law, which is not constitutional. That happens in Congress. Any time a Supreme Court justice consults foreign law, he is violating the Constitution of the United States, and he\u2019s finding a way to get his own personal preferences into American law. <\/line>If he can\u2019t find any precedent for what he wants to say or how he wants to rule in American jurisprudence, fine, go off to Namibia, and if you can find some there, we\u2019ll use it, we\u2019ll import it. But they do so selectively. It\u2019s just absurd. The Constitution — see, this guy, to liberals, judges are gods because they think it\u2019s judges that are standing in the way of the evil discriminating conservatives, because liberals think that conservatives want to take their rights away from them because they think conservatives are judgmental and see right and wrong and black and white and they\u2019re simpletons as a result. They don\u2019t see the gray nuance of complexity and so forth. It\u2019s just a bunch of ne\u2019er-do-wells that don\u2019t want to be judged. <\/line>They know they\u2019re not doing the right thing half the time but they don\u2019t want anybody to tell them, and they don\u2019t want any standards whereby any of these things can be measured because in that way liberals can address all forms of human imperfection and say all forms of imperfection equal normalcy. And who are you to judge it? It\u2019s a perversion. In fact, I know a lot of you liberals, you\u2019re going to think I\u2019m nuts or that I\u2019m trying to propagandize or something. The Constitution leaves most judicial authority to the creation of Congress, not all, but most of it. Congress has the sole responsibility or the most of the responsibility in setting up the court system. <\/line><\/p>\n","protected":false},"excerpt":{"rendered":"

RUSH: Jerry in Milwaukee, I\u2019m glad you waited, sir. Welcome to the EIB Network.CALLER: Hi. Thanks for taking my call, Rush.RUSH: Yes.CALLER: I hear you and other conservatives, unfortunately, say that — make statements about judicial activism and judges making rights. Well, the Framers, our Framers of our Constitution created the Ninth Amendment that means […]<\/p>\n","protected":false},"author":25,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","ngg_post_thumbnail":0},"categories":[],"tags":[],"yoast_head":"\nJudicial Activism and the Constitution - The Rush Limbaugh Show<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.rushlimbaugh.com\/daily\/2006\/12\/15\/judicial_activism_and_the_constitution\/\" \/>\n<meta name=\"twitter:card\" content=\"summary\" \/>\n<meta name=\"twitter:title\" content=\"Judicial Activism and the Constitution - The Rush Limbaugh Show\" \/>\n<meta name=\"twitter:description\" content=\"RUSH: Jerry in Milwaukee, I\u2019m glad you waited, sir. 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