Last week I argued that what the California Supreme Court did was not only correct as a matter of law, but that its "activism" fulfilled a role that is absolutely central to our form of government. In the process, I quoted extensively from Hamilton's Federalist #78, and pointed out that democracy is not an end in itself, but rather a means to end, and that without freedom and legal equality, democracy is meaningless. I further noted that we do not live in a democracy but rather a constitutional republic.
Today, Glenn Greenwald argues that what the California Supreme Court did was not only correct as a matter of law, but that its "activism" fulfilled a role that is absolutely central to our form of government. In the process, he quoted from Hamilton's Federalist #78. He further noted that we do not live in a democracy but rather a constitutional republic. So, not surprisingly, I fully approve of this:
The principal purpose of the Constitution is to prohibit the enactment of rights-abridging laws which, by definition (given that they are being democratically enacted), are supported by majorities. Anyone who argues that a court is acting improperly solely by virtue of the fact that it is striking down a popular law is someone who doesn't believe in the American system of government created by the Founders.
This of course was the central point of my argument last week. It is also the basis for my subsequent post pointing out that conservative reactions to the gay marriage decision have frequently shown a disdain for the Constitution that was once their touchstone.
(H/T: Sully)
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