home
Oh, I forgot to comment on this: (4.50 / 2) (#3)
by scribe on Sun Mar 02, 2008 at 02:00:45 PM EST
Mr. Obama . . . is not a knee-jerk believer in the old-fashioned liberal view that courts should unilaterally impose civil liberties protections on unwilling majorities.

This has to be one of the most naively stupid, silly statements I've ever read.

Civil liberties protections are imposed on unwilling majorities precisely because they have to be imposed.  The Bill of Rights is a pretty explicitly countermajoritarian document, stating as a core principle that each person is entitled (as a birthright) to certain rights, no matter what.  Majorities almost always beat down the civil liberties of the individuals who don't necessarily conform to the larger society.

And, let's not even talk about 5th (Miranda and due process) 6th (fair trial, speedy trial, right to counsel), 7th (jury trial) and 8th (no cruel and unusual punishments) Amendment rights.  Year in and year out, surveys have reported that a majority of people would not sign on to the Bill of Rights if it were put before them without being identified as the Bill of Rights.

That's a majority for you.  And they are almost always unwilling to give up the whip hand.

[ Parent ]

  • Premium Ads

  • Blog Ads

  • Contribute To TalkLeft

    donate to TalkLeft