Posted by
gilroy man on Monday, May 19, 2008 10:24:50 PM
Gay Marriage issue in CA
By Andrew Vander Dussen
California’s gay marriage issue is the hot topic. Everybody’s got an opinion. The most interesting ones are coming from the left in support of the courts decision.
One talk radio caller kept harping on the fact that the court overturned the tyranny of the majority. Over and over again he related that the majority was wrong and the need to protect minorities as justification of the court’s decision. Which leads to a few questions.
Q: Is the majority always wrong? Are we to overturn every law passed by a majority of the voters?
Obviously not. Which leads to a further question. How do you know which laws are right and which ones are wrong?
A: The courts decide that.
Q: Ok. How do the courts decide?
A: They use the constitution.
So far, this is pretty straightforward. Then you get the difficult questions.
Q: What if the constitution is silent on the issue?
A: According to Thurgood Marshall, famous U.S. Supreme court justice, the courts make the decision and wait for the law to catch up. In other words, they make it up as they go along. Which leads to a further question.
Q: Are the courts always right?
A: Obviously not.
Q: How do we know which court decisions are right and which ones are wrong?
A: Once you get to the U.S. Supreme Court, it’s done. Right or wrong, their decisions are final.
Q: How does this bear up under the light of historical analysis?
Take the Dredd Scott decision. The Supreme Court overruled the majority and decided that blacks had no rights. That decision led directly to the Civil War.
Or the internment of Japanese-Americans during WWII. The Supreme Court ratified that too, over the objections of many in the military and law enforcement, including J. Edgar Hoover.
And that’s just 2 examples. There are plenty of others in both the US and state supreme courts if you care to dig.
So a minority of judges, 5 people in some cases, made decisions that were wrong, caused the country great harm, and left consequences for decades to come.
Q: What recourse do we have against wrong decisions by the minority of the state and U.S. supreme courts?
A: None.
Q: Why?
A: Because the minority is always right.
That’s the situation we are in here in California. That’s the attitude of the liberals. They don’t have to justify what they do, because they are full of crusading fervor for their righteous cause. And I cannot describe for you the glee and outright joy they take in sticking it to the “majority”.
Q: What’s worse than the tyranny of the majority?
A: The tyranny of the minority. People forget that a majority vote requires some degree of consensus. 51% of those who vote must compromise with each other to get something passed. Political parties have to cut deals. Representatives get pressure from their constituents. Senators get pressure from lobbyists. Presidents get pressure from other countries. Voters have to get signatures to get an issue on the ballot, and then work to get it passed. It’s not perfect, but at least there are some safeguards to prevent extremist laws from going into effect.
Minority decisions don’t require that at all. All you need is a few judges to dictate what is right by fiat and issue the diktat to everyone.
Which makes the liberals fear of “majority tyranny” laughable. Who are they kidding?
If liberals want to change the constitution, the least they could do is sponsor legislative amendments and have the states vote on it. That’s what they did with ERA, right?
But that’s the problem for liberals. They lost the ERA fight. So they decided to have the courts impose their will for them. After all, they’re only enforcing what everyone “ought” to be doing.
Q: How do you fight people who think they’re always right, and will use any means to impose their will?
A: Move to a state where they don’t do that. Why do you think the U.S. population has been migrating out of the Northeast and into the South and West? How do you explain the outflux of people from California to Arizona, Nevada, and other nearby states?
Q: If the U.S. Supreme Court is doing this, then no state is ultimately safe from this. Moving to other states just postpones the inevitable. What do we do?
A: This explains why everyone is so focused on the nominees to the U.S. Supreme Court, and why the nomination struggles have been so intense for the last few decades. Despite the media’s propaganda about the “Imperial Presidency” people know that the real power lies with the courts.
Q: What if we lose the battle for the Supreme Court?
A: In many ways, the battle is already lost. Conservative judicial supremacy is no better than liberal judicial supremacy. We are facing a structural problem with the constitution that has been there since the outset – the unrestrained power of the courts and the inability of the legislative or executive branches to stop them.
But remember this. There are always alternatives. If there weren’t, our ancestors would not have left intolerable situations in their home countries and come here. If it gets too bad in this country, you always have the option to leave.