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Democracy and Majority Rule

Steve of CA Wrote: Nov 21, 2012 6:19 AM
"We think whether a measure is a good idea or a bad idea should determine its passage as opposed to whether that measure lies within the enumerated powers granted Congress by the Constitution. " The Supreme Court still has the power to rule on whether such measures are Constitutional
Kenneth L. Wrote: Nov 21, 2012 11:37 AM
puzny is right. But there is even more. In order to challenge a law one has to have standing. This usually means that you have to have been personally, individually harmed by the law (past tense not unintentional). It's not always easy to establish standing to take a law to court.
And who has the money to do this?
I think we are entirely too sanguine about this issue. We've come to believe, it seems, that judicial activism is in the eye of the beholder. But think about it. The Constitution has obvious meaning. Precedents should be respected, of course. But the judgment of whether they are correct or not has only to go back to the Constitution. Modesty is a false, redundant argument. The Court should be modest with regard to...
Kenneth L. Wrote: Nov 21, 2012 11:38 AM
the Constitution, not with regard to a case where a legislature or executive has acted outside its Constitutional authority.
We've sophisticated ourselves right out of our common sense.
puzny Wrote: Nov 21, 2012 6:43 AM
It sure does Steve. Let's ask John Roberts if the Obamacare mandate is a tax or not. Let's now wait for HHS to write regulations as they interpret the law and offer waivers at their whim. Tyrrany sometimes rises slowly.
President Barack Obama narrowly defeated Gov. Mitt Romney in the popular vote 51 percent to 48 percent. In the all-important Electoral College, the difference was larger, with Obama winning 303 electoral votes and Romney 206. Let's not think so much about the election's outcome but instead ask: What's so good about democracy and majority rule?

How many decisions in our day-to-day lives would we like to be made through majority rule or the democratic process? How about the decision to watch a football game or "Law and Order"? What about whether to purchase a Chevrolet Volt or a Toyota Prius? Would you...