Thursday, May 22, 2008

Your Civics Lesson

Greenwald;

Wittes' criticism of the decision reflects the standard attack on the California Supreme Court, an attack that relies upon what can only be described as profound ignorance about how our system of government works.

Wittes' principal objection is that the California court's ruling was wrong because it is contrary to evolving democratic efforts to forge a "compromise" on the issue of gay marriage and because a large majority supports the law (h/t Andrew Sullivan):
Where have I heard that before?

Oh yes.. it's the central argument of the right wing loons. There is no other way to view it other than "ignorant".

Read Greenwald's essay (he is an attorney by the way). I'm suggesting the loons read it, as they were obviously asleep during government class.

That a law invalidated by a court is supported by a large majority is not an argument supporting the conclusion that the court's decision was wrong. Central to our system of government is the premise that there are laws which even the largest majorities are prohibited from enacting because such laws violate the constitutional rights of minorities. Thus, the percentage of people who support the law in question, and how lengthy and painstaking the process was that led to the law's enactment, is totally irrelevant in assessing the propriety of a court decision striking down that law on constitutional grounds.
...
This is all just seventh-grade civics, something that the Brookings scholar and those condemning the California court's decision on similar grounds seem to have forgotten.

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