I disagree. This is not a matter of subjectivity. You either try to interpret law and the Constitution and be part of the Judiciary, or you overstep that boundary and become Legislative.
I bet if we started naming some cases you would think some were activist and I wouldn't and I could name some that you thought were just interpreting the consitituion and I though were activist.
I always wonder if people when they say follow the constitution what they mean really.Is it that it has to be written exactly in the constitution or the right doesn't exist.It was written as just basic road map of how to balance competing interests IMO.I't can't possibly cover every situation ,it couldn't in the 1780s and it has never been able to and needs to be interpreted and re-interpreted all the time to keep pace with the changes society has seen.
I would really be interested though in some of your examples of activism by the supreme court.
Are they the ones conservatives talk about the most like Rowe V wade or was Brown Vs education activist or just finding rights that should have been found by previous courts?
And what about the legal theory of precedent known as "starry decisis" (not sure on the spelling lol) that says you must give lot of weight to prior decisions as a judge (something Sontomayer is known to do btw).That means if a case like Rowe v wade was to be overturned that would almost certainly be called activist move by many (including me).
It almost sounds like the way some think you don't even need a court ,that you just read the constitution and its all laid out ,it's not like that.The thing is very vague and delibertly so.
We really can't just totally go by the concepts of the 18th century and documents written with quill pens can we.
We were a country then that had slaves,women couldn't vote,etc etc.
I think the founders would think our govt was serving us very poorly if we had not adapted somewhat and improved and learned but held to the ideas of personal liberty ,which we have.They would not say you have to do it exactly as we said we should do it in 1785 lol.