Tyranny of the Minority (of One)

America was once a country that admired individualism. We respected guys like Henry Ford and Thomas Edison even if we didn't necessarily like them. We admired what they accomplished and would never begrudge them their just rewards. We were not a collectivist nation.

Now, ironically we are being pushed in the direction of collectivism by one lone individual, Justice Anthony Kennedy. One guy is making law to the supposed benefit of a tiny minority that overturns thousands of years of tradition, statutory law and common law against the wishes of the majority which has spoken on this issue in plebiscites over thirty times. His decision ignores the separation of powers, ignores the Constitution, ignores the will of the majority and goes against everything American republican government stands for. As the "swing" vote on the court he well knows he has the power, and I think he's loving every minute of it. He is a willful tyrant plain and simple, and he enjoys the roll.

Our founders didn't envision an all powerful court. Judicial review was established by the courts, not the Constitution. I personally don't have a problem with judicial review... in theory. A check on the other branches is desirable in many circumstances. But they're there to call balls and strikes, not to wear pinstripes in Yankee Stadium. Writing law is not their function. Bending over backwards in some sort of legal gymnastics to somehow arrive at a decision they deem worthy is not their function. Reading the law, applying the process of legal reasoning and judging the Constitutionality is their function, NOT to create rights that don't exist or to minimize rights that are clearly enunciated. They have forgotten their purpose.

In the "gay marriage" ruling no precedent was cited, no case law mentioned, no common law referred to. Two of the justices had previously performed marriage ceremonies for a gay couple. Elena Kagan is openly gay for Pete's sake. But neither justice thought they should recuse themselves in this case. Neither thought there might possible be a conflict of interest. Where did they get THEIR legal advise from, Anthony Kennedy?

This has got to stop. Roe v Wade has been a divisive issue for over forty years because the law was NOT arrived at democratically and therefore NOT accepted by the majority. It was an issue for the States NOT the Federal judiciary! The gay marriage ruling was more of the same. The fact is we have a government controlled by elites who don't trust the American people enough to arrive at the decisions THEY want. So when they can't bully State legislatures into doing their bidding (like they can Congress) they take the decision out of the States' hands.

Tyranny is tyranny be it Caligula, George III or an American oligarchy. The States need to negate these laws. We should provoke a Constitutional crisis and get these issues out in the open. Let's have a NATIONAL CONVERSATION about the role of the courts and the consequences of their power grab. If we don't, this wound will fester and weep and be just another cancer on the American experiment in truly representative government. But that's the ultimate goal isn't it, to tyrannize us into accepting tyranny?