The Jury Talks Back


How to Pass a Law

Filed under: California Politics — Kevin M @ 8:28 am

Back when I was taking high schools civics, they said that laws got passed when the legislature passed them and the executive signed them or the legislature overrode a veto.  The currently favored method (Courts make up laws and claim they found them in the Constitution) was never mentioned.

I guess this is why when the courts do things like this the new “law” has such trouble being accepted as valid.  Witness the abortion “right” or the sorry history of gay marriage in California.

So, it’s a relief when you see them do it the right way: a straight-up legislative vote, a veto, and an override, like the way Vermont passed gay marriage today.  Whatever one thinks of the issue itself, a 2/3rds vote in the legislature is a pretty clear demonstration of the political will in Vermont, and the only reasonable course for opponents is to change the legislature.

A political decision, taken with an open vote — and open to political consequences — can be accepted, in time.  A bunch of unelected elitist judges deciding what is “good for us” is less likely to accomplish that.  The model should be the Civil Rights Act, not Roe v Wade.  It’s amazing how hard it is for this to sink in.

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