Another civics lesson
Glenn Greenwald says he used to be a constitutional law and civil rights litigator in New York. But he doesn't need that background to make the following obvious point:
. . . a court striking down a law supported by large majorities is not antithetical to our system of government. Such a judicial act is central to our system of government. That's because, strictly speaking, the U.S. is not a "democracy" as much as it a "constitutional republic," precisely because constitutional guarantees trump democratic majorities. This is all just seventh-grade civics. . . .
Point taken, Mr. Greenwald. But to pick a small bone: seventh-grade civics like this died a quiet death sometime in the late 1970s.
Comments
To be fair, I had my required 7th grade civics class in 1982.
Posted by: keatssycamore | May 25, 2008 11:08 AM
It's true, this is a simple point, but it's an important one. In California, where Justice George and others gave homosexuals the right to marry, the majority of the court went directly against the public which voted to approve marriage only between a man and a woman and which is likely to vote against gay marriage in November. While it's important to protect those with minority status, it does create a strong disconnect between the courts and the general public.
Posted by: Joe | May 28, 2008 10:58 AM
I would also point out to Mr. Greenwald that a lot of us feel that the constitution is a living breathing set of documents that does have changes made in writing but also via such rulings over time, sometimes for the better, sometimes for the worse.
Posted by: Ray | May 29, 2008 01:37 PM