MuadDib
He's called The Stig
- Apr 16, 2012
- 962
- 257
Nonsense. We live in a republican form of government, and that government uses regulatory agencies created by the Representatives of We the People. Want it changed? Get a majority.
That's not necessary. The Rule of Law is embodied by Constitutional limitations on government that prevent the majoritarian dominance you prefer. We have some hope yet that the Court will protect individual rights and uphold those limitations, setting clear boundaries on the majority's ability to dictate to the minority.
So you wish to use SCOTUS to legislate on your behalf.
I don't.
That is why Madison wrote in The Federalist, "Ambition must be made to counteract ambition." In other words, the officials in each branch of government must take pride in their office and be proactive in doing their jobs. If they don't, then the other branches will begin to do their jobs for them. For instance, if the legislature fails to act, then the judicial or executive branches may begin to do legislative things.
Roe v Wade is a prime example. When abortion rights became a hot button issue, Congress failed to either legalize abortion or specifically designate abortion rights to the states (which is where it should have been), so SCOTUS made that decision for them.