On Massachusetts and "Democratic Legitimacy"
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James Taranto on the Massachusetts constitutional convention that might send a bigot amendment to the voters in 2008:
First of all, this cockamamy gobbledygook going on in Massachusetts has nothing whatsoever to do with "democratic legitimacy." A system where a mere one-quarter of the legislature can send a measure to voters, who can then — with a mere 50%+1 of however minuscule a turnout as might occur — nullify the valid action of a duly seated court of ultimate jurisdiction is not wizened statecraft but a decrepit farce. It is not "democratic legitimacy," it is bigotry-by-loophole.
And besides — how many different ways can it be said? — rights must not be subject to majority (or worse, plurality) vote. Asking the majority whether it would like to tyrannize a minority is precisely the opposite of democratic legitimacy. Indeed, it is arguably the very definition of democratic illegitimacy.
I'm not sure precisely when or why so-called "conservatives" became addicted to direct democracy, a thoroughly un-conservative process. It was not the vision of the Framers; indeed it was among their worst fears. It is completely absent from the Constitution as it applies to the federal government. It arguably violates the spirit if not the letter of the "Republican form of government" clause of Article IV, Section 4.
Now that a bigot amendment has actually been defeated, not to mention the Republicans in Congress, it will be interesting to see how consistently so-called "conservatives" like Taranto will approach future ballot initiatives (e.g., to raise the minimum wage or to decriminalize drug possession).
Meanwhile, a loophole to the loophole in the Massachusetts circuswill probably keep has successfully kept the bigot amendment off the ballot. Sauce for the goose, I guess. Hooray for "democratic legitimacy."
More thoughts from PHB, PurpleScarf, Outright Libertarians.
If the proposed amendment fails, supporters of same-sex marriage could claim democratic legitimacy, something they lack now, whatever the merits of their position. [Emphasis in original.]Oh my goodness.
First of all, this cockamamy gobbledygook going on in Massachusetts has nothing whatsoever to do with "democratic legitimacy." A system where a mere one-quarter of the legislature can send a measure to voters, who can then — with a mere 50%+1 of however minuscule a turnout as might occur — nullify the valid action of a duly seated court of ultimate jurisdiction is not wizened statecraft but a decrepit farce. It is not "democratic legitimacy," it is bigotry-by-loophole.
And besides — how many different ways can it be said? — rights must not be subject to majority (or worse, plurality) vote. Asking the majority whether it would like to tyrannize a minority is precisely the opposite of democratic legitimacy. Indeed, it is arguably the very definition of democratic illegitimacy.
I'm not sure precisely when or why so-called "conservatives" became addicted to direct democracy, a thoroughly un-conservative process. It was not the vision of the Framers; indeed it was among their worst fears. It is completely absent from the Constitution as it applies to the federal government. It arguably violates the spirit if not the letter of the "Republican form of government" clause of Article IV, Section 4.
Now that a bigot amendment has actually been defeated, not to mention the Republicans in Congress, it will be interesting to see how consistently so-called "conservatives" like Taranto will approach future ballot initiatives (e.g., to raise the minimum wage or to decriminalize drug possession).
Meanwhile, a loophole to the loophole in the Massachusetts circus
More thoughts from PHB, PurpleScarf, Outright Libertarians.
All Related Posts (on one page) | Some Related Posts:
- A Loving (and Massachusetts) Epilogue
- Progress Marches ... Which Way?
- Beyond Loving v. Virginia...
- Twenty Forever? (Or: "Footnote Fourfeit?")
- On Massachusetts and "Democratic Legitimacy"
- Law Professor Quote of the Day...
- Three Generations of Virginia Bigots are Enough
- Vox Populi, Vox Nihilum
- Ignore That Bigot Behind the Curtain!
Posted by Kip on
9 November 2006
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