Judicial Activism, Words still have fixed meanings

Bob and I have decided to pull this episode. After much deliberation we have decided that this episode is not consistent with the vision we have for the show. While we still maintain the opinions we espoused, we believe that the way they were expressed (juvenile and crass) detracts from our message. This message is contentious enough and has no need for a "shock jock" style.

Thank You,
Mark

We're back with episode number two. In this episode we tackle an issue that is not only timely but near and dear to our hearts, judicial activism. This episode is more issue-centric than the last one. Try as we might, judicial activism is just not the humorous subject we thought it would be. That could also be because we didn't get nearly as drunk as we did in the last episode. We'll be perfectly honest with you folks, if you have no interest in the ongoing debate about judicial activism, you really should skip this episode. While Bob and I entertain ourselves immensely when we talk about this kind of stuff, we recognize that it can be torture for the uninterested. If you are interested give this episode a listen because we believe we have a unique viewpoint on the matter. Be sure to check in on the blog for further articles expounding on judicial activism. These will be posted as Bob and I find the time to write up our notes.

00:00 Opening Toast
01:52 Mark expresses disappointment in the American public
04:02 Nicholas Kristoff oped
04:33 Mark finally gets off his lazy ass and buys a domain name, TheHippieKillers.com
05:46 Hippie values are not as mainstream as the hippies think
06:52 Roe v. Wade, good justice making bad law
08:26 Mainstream values, if they truly are mainstream, will be expressed in the legislative process and not have to be imposed by the Judiciary
10:03 The Judiciary is faced with a choice, maintain a consistent interpretive theory, or face legislative restrictions on their power
11:33 Bob makes fun of Mark's lisp, in clear violation of the ADA
11:45 Hippies are responsible for the creation of the Religous Right's national agenda
12:31 As the Constitution stands now, abortion is a local issue
14:13 That's the beauty of our country, if you don't like the way something is done in one part, you can go to another
15:35 Defining judicial activism, apparently there's some kind of confusion about what the term means
16:07 OpEd by Gerwitz
18:32 Sound clip of Stanley Fish on NPR's On The Media, defining various terms used in the Judicial Activism debate
Transcript
23:30 Bob makes a sexist joke, address all your hatemail to [e-mail], subj: Bob
24:52 Tactical Agnosticism, from Judicial Activism Reconsidered by Thomas Sowell, it's where you pretend you don't understand what fucking words mean in order to create a rational for an outcome you have picked out in advance
26:54 The Constitution was conceived as a "living document", it is ammendable and therefore able to adapt to changing social circumstances
28:55 FDR got the judicial activism ball really rolling
31:07 Allegations of judicial activism being levied by the hippies is a reaction to the changing political landscape that threatens what they had always considered to be a secure base of power
33:01 The Hippie Killers believe in an originalist interpretation of the Constitution, and we explain why
34:00 Commercial break
37:57 A summation of our thoughts on judicial activism
39:20 Comments on Michael Koppleman's rant about judicial activism on his podcast, Lo-life episode #18
53:22 The Constitution is supposed to protect us, in fly-over country, from being subjected to the will of hippie concentrations on the coasts
60:21 Oddest proposition, A significant number of hippies are actually anti-drug
64:35 The middle of the political bell curve is a sleeping elephant ?????
67:16 We wrap this long ass show up with some final thoughts
69:28 Mark totally mangles the closing prayer (you've got to hear it to believe it)

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