With the retirement of David Souter from the U.S. Supreme Court, Barack Obama has an opportunity to begin stacking the Court with his kind of people. Unfortunately, these are likely to be activists who agree to impose private, intellectually suspect, arbitrary, and unconstitutional visions of social activism disguised as law.

Though shocking, this usurpation of juridical power should not surprise. As Jan LaRue notes in American Thinker, Obama already indicated his disdain for law in his book Audacity of Hope, where "Obama affirmed his belief that the Constitution 'is not a static but rather a living document and must be read in the context of an ever-changing world.'"

Even if well-intentioned, what Obama offers is a sugar-coated attack on the concept of checks and balances and the division of powers, which are vital to maintaining human freedom in a world of imperfect people who seek and all too easily abuse government power. As history has shown, even the outwardly "nicest" guys in office can do horrible things to other people. Constitutional limitations on power are a good thing that wise people accept but that tyrants seek to circumvent.      

Despite the smiling language of Obama, what is really at work here is not a "living document" but a living tyranny. It is a statist "liberal" tyranny that emanates from a secular empire on the banks of the Potomac. It operates on the basis of a worldview utterly alien to the Mission Statement of America, as set forth by the Founding Fathers. 

In contrast to closed-down secular activists, Americans who understand America respect the fact that our Creator has endowed every human being with unalienable rights to life, liberty, and the pursuit of happiness. We respect law and the rule of law, including the Supreme Court, not because an oppressive regime points a gun at us, but because we live in community with a Supreme Lawgiver ("nature's God") whose moral and transcendent character gives a basis for law that protects the little guy from relativistic tyranny, judicial activism, and oppressive Washingtonians.   

The way of the Creator is freedom and dignity under law, the way of judicial activism is enslavement and humiliation under tyranny.