|
Like it or not (speaking to the liberal-hating bunch, of course), what the US has is liberal democracy.
Majority rule subject to minority rights, paradoxical as it all is.
In a liberal democracy, people's fundamental rights -- the ones that tend to be enshrined in constitutions -- are not compromised. They are not, and cannot be, bargained or bartered away by anyone -- they're inalienable, y'know? And they most certainly cannot be bargained or bartered away by some third party.
I'll give you Joe's freedom of speech, if you give me something I want. Nah, don't think so; Joe's freedom of speech isn't yours to sell.
I'll give you my liberty, if you pay me enough. Nope, that would be slavery, and we don't allow it.
I'll give you everybody else's freedom of religion, if you give me a tax cut. Suuuure, buddy.
Somebody will hand over women's reproductive rights -- the reproductive rights of all women, including those who don't want to hand their own over, and those not yet even born, in return for ... what, anyhow? What is anyone, let alone women, being offered in return for this?
Nothing, it looks like. Just compliance with some non-existent "majority rules" rule. The attainment of some perversion of "democracy", in which might makes right, and everybody's rights are subject to the whims of someone else.
Those parodies of the column linked to in this thread -- using the Brown and Loving cases in place of Roe -- were absolutely bang on. Of course, the parodies might work better if they were to employ a case about some fundamental right that racists and bigots and misogynists actually care about ...
The courts are there precisely to enforce the principles set out in the constitution; without the courts, the constitution would be a meaningless bit of paper. Just like any contracts that individuals might enter into -- contractual rights would mean nothing either if the courts were not available to enforce them.
One has to wonder exactly what the "centrist majority" imagines the purpose of its constitution is, and what it might be thinking and doing if it were its rights that it was proposed to put to a vote.
|