The judiciary is today proving the founders correct. Judicial activism exists in part because Congress refuses to exercise the checks and balances the founders crafted. One of these is impeachment. Rep. DeLay, however, is on solid ground. But, it is Rep. DeLay's view of a judiciary exercising only judicial power, checked if necessary with the tools provided by the Constitution, that resonates with America's founders.
Activist judges claim the power to make our laws mean anything they wish.
They practice the maxim of Chief Justice Charles Evans Hughes that the Constitution is whatever the judges say it is. As President George Bush put it, they legislate from the bench. If judges have the power to determine the meaning of our laws, however, they have the power to make our laws. That is a power legitimately exercised only by the people and their elected representatives. America's founders intended that Congress impeach activist judges.