February 27, 2004
Judicial Activism
Feb. 26 - From The Ornery American: an essay by Orson Scott Card on the recent decision by the Massachusetts Supreme Court that highlights the usurpation by that court of rights constituionally conferred to the legislative branch of government appropriately titled Humpty Dumpty Logic:
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The Massachusetts Supreme Court has not yet declared that "day" shall now be construed to include that which was formerly known as "night," but it might as well.Card also has an excellent review of The Passion of The Christ at the site.By declaring that homosexual couples are denied their constitutional rights by being forbidden to "marry," it is treading on the same ground.
Do you want to know whose constitutional rights are being violated? Everybody's. Because no constitution in the United States has ever granted the courts the right to make vast, sweeping changes in the law to reform society.
Regardless of their opinion of homosexual "marriage," every American who believes in democracy should be outraged that any court should take it upon itself to dictate such a social innovation without recourse to democratic process.
(Link via Ith.
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