C_Clayton_Jones
Diamond Member
The United States is not a democracy, it is a Constitutional Republic, where citizens are subject solely to the rule of law, not men, as men are incapable of ruling justly – laws seeking to deny same-sex couples their right to access marriage law are proof of that.you are missing the point. our rights were established and our constitution enacted by MAJORITY votes. The people of the USA decided what rights the citizens were to be granted. They did that by consensus, not govt dictate.
Not of the people. Not a single state ratified the constitution with a majority vote. All of them did it at the legislative level. Worse for your argument, the founders believed that rights preceded the government. Meaning that no rights were established with the creation of the constitution. The constitution simple enumerated rights that already existed.
Which is one of the reasons rights trump powers. The rights were here first. You simply have no idea what you're talking about.
Says the fella that believes that rights are established by majority vote. That's not the view of the founders. Check out the 9th amendment if you'd like a brief lesson in your misconception about constitutional enumeration establishing rights.if you want minority rule and govt dictate, move to north korea.
Damn, I cannot understand the liberal brain, there is absolutely no logic to your arguments.
And of course, interpreting the constitution was the job the judiciary by design. Read the federalist papers. Hamilton lays it out, where if a law that was passed conflicts with the constitution, deference should be given by the judiciary to the constitution. Not the law. And its the job of the judiciary to interpret the constitution.
So much for your 'minority rule government'. The judiciary is doing exactly what it was designed to do; protect rights and interpret the constitution.
I think the part of the 'liberal mind' you have the hardest time understanding is the 'informed' part. As you clearly have no idea what you're talking about.
I feel like I am discussing this with a frog. legislatures pass laws and ratify by majority vote. majority votes of the people put legislators in their positions. The judiciary decides cases by majority vote of a jury or panel of judges.
everything in our constitution and our statutes was put in place by majority vote at some level.
just because we are a republic does not mean we do not decide things by majority vote.
So what are you complaining about? Judicial rulings are occurring in the way you describe. Gays are marrying in a MAJORITY of states.![]()
thats fine, if a majority of the american people want that, then so be it. But let the people speak by voting.
if it came to a national referendum I would accept the results, would you? be truthful.
In our Constitutional Republic citizens' civil rights are not subject to majority rule, one does not forfeit his civil rights merely as a consequence of his state of residence, where the Constitution prohibits 'national referenda' because they are anathema to a Republican form of government, see Article IV, Section 4, US Constitution.
The residents of the states who sought to deny gay Americans their 14th Amendment right to equal protection of the law never had the authority to do so from the outset, which is why these measures are being invalidated by the courts.