Tag Archive for: Majority Tyranny

Majority tyranny–the Constitution may not protect us

05 Jul
July 5, 2012

Majority tyranny is condoned with the Obamacare decision

“It is not our job to protect the people from the consequences of their political choices” — Justice Roberts in his opinion upholding Obamacare, no doubt bending to majority tyranny.  Otherwise, why would he say this?

Majority tyranny and the “EFFECTS OF THE OMNIPOTENCE OF THE MAJORITY UPON THE ARBITRARY AUTHORITY OF AMERICAN PUBLIC OFFICERS” — Alexis de Tocqueville

The court and Constitution must stand as a bulwark against majority tyranny, otherwise there can be no individual liberty.  Justice Roberts, I emplore you, the court and the constitution are the only civilized tools available to Americans to protect themselves from majority tyranny.  Please do not undo these tools with the court’s opinions.  Send the decision to undo Obama care back to the people if you must, but please do not undermine the Constitution’s check on majority power.  Statements made in the majority opinion accomplish just that.

The Obamacare opinion is both alarming to us and a threat to the lawsuits of this web-site.  Our experience has been that the lower federal courts increasingly do not respect the rule of law.  We believe that the thinking is, that, the legitimacy of the federal government is at risk with the various KENNER lawsuits.  The courts must further believe that a little “rule bending” is justifiable in order to avoid the conflict and to promote the general peace.  But Justice Roberts, left is right and visa versa.  You are simply looking into a mirror.  I believe your understanding, as illustrated within the Obamacare decision, is backwards.  The only way to keep the peace is to reinforce the legitimacy of the rule of law–irrespective of its appearance and the short term consequences to the court.  The court’s job must not be to maintain an appearance of the country’s respect for the rule of law while bending to the majority’s will.  A loss of liberty is at the end of the road.  The court and country must instead honor the rule of law.

Justice Roberts please, majority tyranny is presently reasserting its power, and, liberty is again as risk.  Do not allow majority tyranny to undermine the primary importance of the rule of law.