Activist Judges are Liberal

When the left says we have a "living constitution," what they mean is that it must be interpreted in light of modern liberal principles. One of these principles is that the State knows best when it comes to indoctrinating your children. For instance, the State can't possibly allow the tender minds of first graders to recite the pledge of allegience, but we can ask them detailed questions like have they been, "Touching my private parts too much," or "Thinking about having sex," or "Thinking about touching other people’s private parts," or "Thinking about sex when I don’t want to."

We agree, and hold that there is no fundamental right of parents to be the exclusive provider of information regarding sexual matters to their children, either independent of their right to direct the upbringing and education of their children or encompassed by it. We also hold that parents have no due process or privacy right to override the determinations of public schools as to the information to which their children will be exposed while enrolled as students. Finally, we hold that the defendants' actions were rationally related to a legitimate state purpose. Fields v. Palmdale School District

The 9th circuit has decided that after parents choose to take their children to public school that they have no more rights regarding their care and education, not when it's something as important as a psychological survey.

In other words, parents suck. They don't know what's best for their own children, school administrators do, and if school administrators want to ask your child sexual questions then they can do as they damn well please. The opinion went on to say that education is not limited to the three R's but can encompass any social agenda they wish to advance in guise of serving, "higher civic and social functions, including the rearing of children into healthy, productive, and responsible adults".

In fine, education is not merely about teaching the basics of reading, writing, and arithmetic. Education serves higher civic and social functions, including the rearing of children into healthy, productive, and responsible adults and the cultivation of talented and qualified leaders of diverse backgrounds. Fields v. Palmdale School District

Quite preposterous.

What's funny is that this is always what the left does in practice. They take away your rights. They reinterpret your 'living' rights in such a way so as to transfer your rights to the State and then tell you that they have given you new freedom. Woohoo!

Activist judges are those who start with the presumption that all sovereignty resides first in the State, rather than all rights being derived first in the individual. For the left it is group rights that are paramount and individual rights that are expendable. I guess it takes a village to raise a child, huh?

[H]egemonic Word count: 471