Quote:
Originally Posted by Quixote
Our country was founded as a nation of laws, and the U.S. Supreme Court operates on the basis of constitutional structure. Those of us who focus so much on "strict interpretation" of the U.S. Constitution must be very, very conscious of this. It is my understanding that court decisions are made based on majority, as is appropriate for the democracy that we are. Hence, even though one Justice undertakes the responsibility of writing the majority opinion, he or she is not responsible for the decision itself; he or she was just one vote in making that decision.
Speaking of democracy, when Alexis de Tocqueville visited and toured our fledgling nation in the 1830s, one of the things he noted was what he referred to as "the tyranny of the majority," meaning that the minority (i.e. in some instances, "minorities" [plural]) were forced by democracy, so to speak, to live with the effects of votes by the majority. This can be particularly appreciated when one is on the losing end of an election, as an example. Anytime is a good time to pick up de Tocqueville's seminal work (Democracy in America) and re-read it, as it is always timely.
I'm in complete agreement with the statement about "who spoke up because most won't." And that "won't" so often means "not be bothered." Sad when you think about it. This is why when an elected official receives a letter (yes, some of us still write letters!) expressing a view on a subject, that official considers that the letter represents hundreds of constituents, perhaps thousands, perhaps even tens or hundreds of thousands.
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Quixote: Alexis de Tocqueville also said in that same publication that" he marveled at the way Americans preferred voluntary association to government regulation." "The inhabitants of the United States has only a defiant and restive regard for social authority and he appeals to it only when he can do without it. In other words self-rule
ilovetv: post #359 speaks to that issue (CA Prop 8) and the fact that "we the people" spoke and the Court said we don't care what you think"" . Also in that same post janmn stated 61% of Florida's population said no again the Court said "forget you". Keep in mind that Florida homosexual community is one of the largest in the nation
Again the Supreme Court these days because it is so politically charged is legislating via judicial rulings. Its why there is such a bitter debate each time an opening occurs. Secondly the nature of this issue is such that it should have never been taken out of the hands of citizens
As an aside. I am happy to see that the thread continues because there were a few posters who declared it nil and void and hence closed. IMHO as with all threads here this thread will simply retire on its own ....as it should be for those who desire to continue. ilovetv injection of one of the great thinkers is an example of the benefits of longevity