This is what is wrong with permitting courts to displace legislatures, and it leads to armed revolution sooner rather than later…

Fred Siegel

Fred Siegel

Fred Siegel's The Revolt Against the Masses

Fred Siegel’s The Revolt Against the Masses

“…a judicialized politics tries to bypass public consent. Profoundly anti-democratic when it goes beyond vindicating the fundamental rights of citizenship, judicial politics alienates voters by placing public policy in the private hands of lawyers and litigants. And because rights are absolute, it polarizes by producing winner-take-all outcomes, in which the losers tend to feel embittered. The politics of rights displaces the Bill of Rights and subverts the constitutional design for self-government. In effective democratic politics, opponents must rely upon a public process of persuasion and deliberation; the politics of rights replaced that process with a judiciary whose swollen powers [bring] disrepute to the essential notion of rights even as it [undermines] public trust in government. Abraham Lincoln anticipated the plight of [today’s] voters in his first inaugural address:  “If the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation … the people will have ceased to be their own rulers [and armed revolution will follow sooner or later].” The Revolt Against the Masses, copyright © 2013 by Fred Siegel, Encounter Books, Page 176.

About Michael

Retired military officer; retired Air Force civil servant; retired executive, DS Information Systems Corporation; writer; researcher; reader and avid yachtsman.
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