Wednesday, August 04, 2010

Post democratic U.S.

In November 2008, California voters amended their constitution to define marriage as a union between a man and a woman. Today, U.S. District Judge Vaughn Walker decided that violated the U.S. Constitution. This is a very graphic illustration of what has been coming for a while: our form of government is no longer a democratic republic, it is a judicial oligarchy. I'm reminded of the British monarchy. They still have a queen who goes around being very important. But it's all ceremonial. She's not really a queen in the historical sense. Similarly, we go through much democratic political process - electing representatives, writing bills, passing laws. While it is not yet ceremonial, it is increasingly irrelevant. Most (all?) significant laws are immediately challenged and taken to court. The courts decide which laws they feel like addressing. The significant ones are addressed and judges make their decisions. And their decisions are increasingly arbitrary, having little foundation in prior law, historical precedent or, in the case of the Constitution, original intent.

The California Prop 8 is a particularly glaring example. It's a very simple law. It was passed by a vote of the people. It confirms a foundational value of western civilization (and most cultures world wide). If the people can't do something as simple as defining marriage to be what it is and always has been, what can we decide?

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