Tyrrany of the Majority

Ah yes, Democtacy in America. Those of you familiar with deTocqueville's narrative on the American political society would tend to understand where this comes from. Since about 4pm today, I have been intently reading Chief Judge Vaughn Walker's opinion on the Perry v. Schwartzenegger case. While may proponents can summarily extract that the plaintiffs were denied their fundamental protections of the US Constitution, I fear there is more unseen than seen.

Tonight's famed Yahoo! Political Theorists Dumb and Dumber theorized on the levels of voting meaning nothing. While voting DOES mean something, there are some eccentricies in the American Political System that tend to trump the one man, one vote card. Unless you're living under a rock, the electoral college and a constitutional convention can quite easily triumph over absurdity.

I have grave concerns over this ruling, not because it tends to favor something I believe to be a fundamental right, but more because I have deep concerns over the future it holds. This will simply not stand alone, it will be challenged in the 9th Circuit Court of Appeals, most likely being upheld in the longstanding most Liberal Appeals Court in the Nation. What concerns me, is the Roberts Court. While CJ Roberts tends to be much more moderate and soft spoken opposed to his more famously draconian counterparts J Scalia and J Thomas, I stand firm in my belief that this will eventually be overturned on a 5-4 majority by the Supreme Court.

Psuedo back on topic: deTocqueville looked at the tyanny of the masses, specifically in terms of population. We have long debated on the merits of one person, one vote; the rule of law and proportional representation. In essence, the United States been founded on championing the rights of teh little guy. From the time of our founding, in 1776, we were fighting as the little guy. We fought for emanicipation, we fought for womens suffrage, civil rights, the right to make the choices that affect ourselves. Americans have fought for these rights. Yet now, a theocratic and at times, ridiculous display against the fundamental right of marriage is seemingly for naught.

I welcome debate and commentary on this, as it seems to be the most effective outlet for understanding additional viewpoints. However, I will not tolerate religious or hate-filled/mongering responses. This is for educated people, discussing an educated thread. Leave the playground on the playground.

Cheers-

M