[zeromus]

Uhmm but what about the tyranny of the majority? So what if 70 some odd percent approve of it, if it is tyranny?

[Centurion2000]

So what if 70 some odd percent approve of it, if it is tyranny?

At 70+% it becomes a national cultural trait.

[pgyanke]

The point is that we are a nation of laws. The laws are subject to amendment and there is a process for that. Since those who must do the amending and approve of the amending are subject to the will of the people... WE are in charge. It isn't a tyranny of the majority unless a super-majority agrees that they prefer tyranny.

The judiciary has no role or right to change laws or influence social justice--only to apply general guidelines (laws) to specific circumstances.

[Right_in_Virginia]

Uhmm but what about the tyranny of the majority? So what if 70 some odd percent approve of it, if it is tyranny?

Are you saying that a judge can override the will of the people--even if that will is legal?

Don't forget, our representative form of government with its clearly defined separation of powers was established to also prevent the tyranny of the minority. -- Especially if that minority sits on the bench.

[MarkL]

Uhmm but what about the tyranny of the majority? So what if 70 some odd percent approve of it, if it is tyranny?

That was the genius of the Founders... First off, the three branches of government, each with specific powers, and capable of certain restraints on the other branches. Next, the way that the legislature was set up. Knowing that "the will of the people" had to be considered, they set up the house of representatives, but that was the only part of the government that was to be popularly elected. The senate was to be appointed by the state legislature, and the president was to be appointed by a majority vote of each state's designated electors.

While they saw oppression of the minority by a tyrannical majority as being a very real problem, they were also well aware of the fickel and easily swayed opinions of "the people." The whole idea of the senate was to insolate the senators from the public, and at the same time, designate the senate as the "deliberative body." And that was why they designed The United States of America as a constitutional republic, not a democracy. Although it's been devolving into a democracy for quite some time now.

Mark