Yesterday was a good day for democracy. It was a great day for American constitutionalism. I have said it before. I will continue to say it. All too often, we see judicial decisions on America's most important social issues made without any constitutional warrant. Too difficult to convince your community that it should not pray before football games? No problem. Just find a judge to say that the practice is unconstitutional. Too discouraged by the slow pace of the march toward same-sex marriage? Find a judge to declare that the State constitution has allowed it all along. A constitutional right to same-sex marriage-- 'presto chango.' Americans of all political stripes understand that this highjacking of social policy from the people's representatives is deeply misguided. A good number of law professors, law students, judges, and politicians still continue to inject the judicial branch into social controversies. Yet, in attempting to smooth out the rough edges of democracy, activist judges have time and again undermined democracy and increased bitterness in our political debates. Yesterday's decision in Gonzales v. Carhart was a step toward righting that dangerous trend. It was a step toward restoring the people's liberties and the vitality of our democracy.
Orrin Hatch: “Yesterday was a good day for democracy. It was a great day for American constitutionalism. I have said it before. I will…”
Editor's note · Context
Discussing the implications of judicial decisions on social issues and the Gonzales v. Carhart ruling.
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