Monday, October 10, 2005

Note to GOP: We're a Nation of Laws, Not of Men

Conservatives who lament what they call an "activist judiciary," or accuse judges of "legislating from the bench," are really just pointing out that the courts are indeed an anti-democratic institution. The way they see it, Congress represents the will of the people, so when courts declare a law unconstitutional they are in effect thwarting the right of the people to determine their own governance.

Of course, if you're a rich white Protestant, this argument makes perfect sense. Congress is unlikely to pass a law that will harm you or your friends. The majority wants a ban on flag burning, they want prayer in schools, they want "Under God" in the Pledge, and the courts are standing in the way of that. But would you fell the same way if you were a poor, black atheist? I doubt it.

And what about abortion? All surveys of the American people consistently find that a solid majority is pro-choice. Yet if Congress had the power to make it illegal, they would. The courts won't let that happen. So now which institution is being anti-democratic? Why would the right-wing nut jobs who oppose Harriet Miers declare that they don't want a justice who will uphold Roe v. Wade, despite the fact that most Americans want abortion to be legal?

What I'm getting at is this:

1. I never want to hear again the argument that there should be a ban on flag-burning (or prayer in school or any other stupid Bible-based policy) because a majority of Americans want it. Most of them want abortion, too.

2. America is a land ruled by laws, not men. When conservatives complain that the courts overturn the will of the people, they are forgetting this important point. All the courts are doing is keeping the "men" in Congress from making laws that discriminate against non-WASPs, and that's the way it's supposed to work.

So quit your whining, you theocracy-loving assholes. I live in this country too. And suck my balls.


At 10:08 AM , Anonymous said...

not that I agree or disagree but these same people minght try to censor blogs next. So tell me to "suck my balls" as much as you can right now! Just Don't let them hit you with the "patriot act". Better dead than red.


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