Strength as Weakness; or the Double Edge of Political Form

The US Supreme Court recently oral arguments for why it should judge “gay marriage” to be required by the United States Constitution. One of the main objections brought against the argument was that this question should not be settled by “nine people outside the ballot box,” but rather “the people acting through the democratic process.” I have little sympathy for this line of argument in the abstract. I approve of the idea of nine learned judges wielding great power in the state by deciding which laws are in conformity with the basic principles of the nation. Continue reading

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