Sunday, August 14, 2011

Should majority vote be able to override judicial rulings?

If the country were a pure democracy then there would be no limits on the authority of the majority. If the majority said "kill that man" then that man would have to die. Fortunately, the u.s. is not a democracy and never was. It is a constitutional republic. Whether laws are made directly by vote of the people, or indirectly through the elected representatives, the constitution still limits the power of the lawmakers. If the constitution provides that no person may be compelled to be a witness against himself, and the people voted for a law that required the defendant to testify in a criminal case, then the courts would properly rule that the majority did not have the power to override the constitution of the u.s. The people can change the constitution, but cannot ignore it. If a state law or a state constitution is contrary to some clause of the federal constitution, then the courts must strike it down regardless of how it was enacted.

No comments:

Post a Comment