WND Exclusive – How the Founders Failed to Prevent Judicial Activism

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Dan “bag-a-donuts” Bongino was filling in on the Mark Levin radio program this past Wednesday. For those unfamiliar, bag-a-donuts is Dan’s “catch phrase.” He uses it to describe the “everyman.”

I love this guy, because he is the everyman. He’s smart but plainspoken, like a lot of us.

He was speaking of his confusion regarding the left. They claim, he says, to be so concerned that if Judge Brett Kavanaugh is confirmed to the Supreme Court, Roe v Wade instantly will be overturned – like the next day or something.

And Dan asks, if the left really thinks abortion on demand is settled law, why should they worry?

Well, they worry because the left understands how our current judicial branch works, which is why laws passed through the legislative branch mean very little to leftists. That’s what liberal courts are for – to strike down and rewrite anything with which they disagree. And this is why they are so panicked over the thought of the high court returning to one of self-restraint.

Bongino then dovetailed into legislating from the bench. He said it should never have happened.

“The founders did not think this was going happen” – legislating from the bench. “The founders were under the impression that each branch of government would jealously guard its power. That there was no way the legislative branch was going to cede those powers to the judicial branch of government, because they felt it was this natural human instinct to crave that power.” Dan says they had to check the power – they weren’t going to cede it. “They were more concerned about checks and balances than they were about people actually ceding power.”

He asks rhetorically: “How did the founders miss this? Why did the legislative branch voluntarily cede power to the judicial and why didn’t the founders see it coming?”

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