The Judiciary

The South Carolina Republican Party deplores the social engineering and “legislating” from The Platform of the South Carolina Republican Party -6- the bench that the judicial activism of the United States Supreme Court has permitted and encouraged. Many of the problems faced by our society today, and the difficulties that we encounter in addressing those problems, arise from the Judiciary’s grants of power to the government of the United States above and beyond the specific powers enumerated in the Constitution. Consistent with the concept of strict construction of the United States Constitution, all federal judges and justices are urged to exercise judicial restraint in their rulings. We specifically call upon the Supreme Court to return to its historic role of interpreting and applying the Constitution as understood and intended by its Framers.

The Party recognizes the existing system of electing judges in our State is flawed because it lacks public accountability and allows personal and political favoritism to overshadow merit and competence. As long as judges are elected by the General Assembly, former legislators will have an advantage in judicial races without regard to qualification or judicial philosophy. The current method of electing judges has resulted in a judiciary that often does not reflect the conservative philosophy or standard of competency expected by the majority of South Carolina citizens. Because confidence in the judiciary is an essential underpinning of our government, this method must be reformed so as to inspire the confidence of the people of this State.