More on "The Tyrany of the Majority"

Fellow blogger David W. Shelton has addressed one of my favorite issues, the notion of the tyrany of the majority, where the right-wing falls back on claiming "the will of the people" to restrict the rights of minorities, such as GLBT people.

Quite simply, he (California Chief Justice Ronald George) said that the Constitution guarantees protection for vulnerable minorities. This in itself is a hotly debated point, especially in regard to immigrants and sexual orientation.

When the California decision was announced, conservatives immediately decried “activist judges” who “defied the people.” Well, this is exactly what was said when Justice Anthony Kennedy’s decision was handed down in the landmark Lawrence v Texas decision. that struck down all of the sodomy laws in the US. They were “activist judges” (interestingly, both Kennedy and George were appointed by Republicans).

Both men and their respective majorities in their courts knew a simple fact: Sometimes, the people are wrong. The people were wrong to separate blacks and whites in the South. The people were wrong to deny basic civil rights. The people were wrong to pass laws banning the private sex lives of adults, and they were wrong to pass a resolution in California to ban same-sex marriage.

I heard a phrase not too long ago that illustrated this better than anything: the Constitution is a way to protect against the Tyranny of the Majority. I’ll define this phrase: oppressive rule by majority, where the minority has little or no rights.

This is a phrase that isn’t used very often, but when it is used, it’s profound. Alexander Hamilton warned against allowing this kind of “majority rules no matter what” mindset, and was one of a few men who knew just what the dangers were of a pure democracy. In fact, the dangers of a tyrannical majority were so clear to our framers, that they designed our constitution for a republic, not a democracy.

That’s right. The United States of America is not a democracy. It never has been. It is, quite simply, a republic. It is, however, a republic which includes a great many democratic elements, which is why there’s such a balance.

David goes on to further substantiate how "the will of the people" is NOT the measuring stick that our political and judicial systems were designed to use in making decisions, and how courageous people like Justice George are critical to effecting significant social change, defending the rights of those who don't have the resources to defend themselves.

Click here to read the entire post on "Skipping to the Piccolo."