Still another recurrent argument from the Thurmond era has it that no judge should overrule the voters, who voted 52 to 48 percent in California for Prop 8 in 2008. But as Olson also told Chris Wallace, “We do not put the Bill of Rights to a vote.”
Yup, quite, liberty and human rights trump democracy. The mob may vote for something like a ban on gay marriage but if we find that such wishes of the mob constrict that liberty or human rights then we set aside those wishes of the mob.
Note that this is nothing to do with gay marriage per se: it applies to unfair trials, Jim Crow, abortion, slinging those \”radical muslims\” into jail without any trial at all and so on. Whatever our individual ideas about any of those things individually.
So, what does Our Frank call the judge over turning the wish of the mob?
Make no mistake about it: The Proposition 8 trial, Judge Vaughn Walker’s decision and the subsequent reaction to it (as much a non-reaction as anything else) constitute a high point in America’s history-long struggle to live up to its democratic ideals.
No Matey, it\’s exactly the opposite. It\’s America living up to its ideal that there is something more important than democracy, greater than democratic ideals: liberty.
That\’s what a Constitution is for, fool.