Thursday, March 20, 2008

The role of the courts

What is the role of the courts? If you've truly got a democracy aren't you supposed to convince your fellow citizens to want what you want? Abortion a good idea? Persuade your fellow citizens to enact it. Abortion, homosexuality, affirmative action, separation of church and state, death penalty. The court has touched all of these issues and somebody thinks with each one the court messed things up. Perhaps the Supremes should not be an unelected super-legislature. But there is one more hot-button issue -- gun rights -- the Supremes hadn't touched since 1939 until this past week. And through that issue we see the role of the court. Back in 1939 the Supremes declared owning a gun is a collective right (for use by well regulated militias), not an individual right. Since then, the NRA with its money and power has essentially changed public opinion so that gun ownership is seen as an individual right. The reason why the court is necessary is that well-funded interest groups distort the democratic process. (All that and no mention of tyranny of the majority.)

No comments:

Post a Comment