BobPlumb
VIP Member
- Jul 16, 2013
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Actually not, the Constitution and its case law overturned the ban, having little to do with the judge.In a brand new case, the highly popular ban on same-sex marriage ( 75 percent of voters approved it in 2004 as an amendment to the Arkansas Constitution) went down to defeat, when ONE JUDGE, Judge Cris Piazza, overturned the ban law.
In fact, judges have very little power, as theyre compelled to abide by the Constitution. And when they err and fail to abide by that case law, their decisions are overturned by the appellate courts.
The United States is a Constitutional Republic, not a democracy, whose citizens are subject solely to the rule of law, not men, as men are incapable of ruling justly measures such as Proposition 8 and Utahs Amendment 3 are proof of that.
Moreover, the people lack the authority to decide who will or will not have his civil liberties, as civil rights are not subject to majority rule.
When judges invalidate measures repugnant to the Constitution, they do so as authorized by the Founding Document and its case law, thus safeguarding the civil liberties of all Americans.
FALSE! The judge made the decision, overruling the will of 2.2 million people + their elected representitives.
As for your idiotic statement >> "the people lack the authority to decide who will or will not have his civil liberties, as civil rights are not subject to majority rule.",
EARTH TO CCJ: Deciding who will or will not have his civil liberties, is done EVERY DAY, in every state of the USA, by legislatures, and law enforcement agencies.
And those who (by majority rule) have been found to be outside of society's standards and rules (called laws), currently reside in big buildings called prisons.
Sure, people have rights, but those are only within the confines that the people, BY MAJORITY RULE, designate.
Do you beleive that judges in our judicial system should have the power to rule on the constitutionality of laws? It appears that you do not!