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Politics : Formerly About Advanced Micro Devices
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To: tejek who wrote (228375)4/8/2005 8:14:00 PM
From: TimF  Read Replies (1) of 1578015
 
new law had to be created on the state level to accommodate their interpretation of the Constitution

I would only call that creating new law if the constitutional interpretation if faulty. If the constitution doesn't even mention X, and the court says "the constitution demands X" than the court is creating new law.

In this area, the courts have broad powers that were established early in our history

Early in our history they had the power to make such interpretations, but the tradition of moving strongly away from the actual words of the constitution and inventing who new ideas as constitutional law is more recent.

A law can not be democratic when it excludes or limits the rights of one group of people even if the majority approve it.

If the rights that excluded, ignored, limited, abused, ect. have nothing to do with voting, than there is no way that it could reasonably be called undemocratic if it is voted in by either properly elected representatives, or a legal vote of the people in a direct democracy. Generally the primary definition of democracy is rule of the majority or of their elected representatives. Hereditary or arbitrary distinctions and privileges would be undemocratic if the decisions are made by people based on such distinctions and privileges instead of by majority vote.

Tim
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