Re: your reasons for upholding Prop. 8 as expressed in this San Francisco Chronicle article.
You are confused about the role of the judiciary branch of the government. If judges were put into place to, as you say "to bow to the will of those whom they serve," we wouldn't have much need for them. True, judges are "servants of the people" and to quote James Madison, "the people are the only legitimate fountain of power." Madison also said that the judiciary has the duty to "guard one part of the society against the injustice of the other part." In simpler terms, Mr. Starr, the Judiciary branch protects minority rights. Our founding fathers believed that there are times when the majority can be swept away by passions and act on those instead of on reason. The Constitution and the Judiciary branch work to protect all of the people and all of their individual rights, for ours is a government of the people for the people, and that includes minorities.
Despite our founding fathers insisting on the importance of protecting minority rights, you might be thinking, why? Many decisions of a democracy like ours is decided by a majority ruling. Madison said it much better than I could: "In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger." Alexander Hamilton also made the point that "no man can be sure that he may not be tomorrow the victim of a spirit of injustice, by which he may be a gainer todays." In other words, there will be a day when you are part of the minority and with be thankful you live in a democracy such as ours which protects your individual rights despite a majority against you.
I leave you with one last sentiment from Madison. "The private interest of every individual may be a sentinel over the public trust."
Sincerely,
A concerned citizen of California who has faith in the system yet.
2 comments:
Oh my goodness how I love the federalist papers. Nice post, well done. Students of American history everywhere should stand up and say, "You are WRONG, Mr. Kenneth Starr!"
"Prop. 8 "does not broadly seek to diminish or eliminate the constitutional or civil rights of gays and lesbians," but is simply "about restoring and maintaining the traditional definition of marriage," Starr said."
This is a boldfaced lie.
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