I'm sick and tired of democracy
by ChurchofBruce
Mon Mar 07, 2005 at 07:03:43 AM PDT
The big difference is this: the Constitution trumps the 'will of the People'. The Constitution has an amendment process, and every step of it takes supermajorities. And the most important part of the Constitution, to me anyway, the Bill of Rights, can't be amended out of existance.
It frustrates me to no end that, every time there's an opinion from the Supreme Court--or from a state Supreme Court ruling about that state's constitution--somebody starts blathering about the courts usurping 'democracy'. That the court 'took away the people's ability to decide.' Damn right. That's their job. I'll say it again: the constitution trumps the majority. Every time. You can argue a court's wisdom in applying that at times, but you can't argue their duty to do so.
- ChurchofBruce's diary :: ::
