Do you think a Court ought to have the right to overturn the will of the voters?

rightstuff2014-10-10T12:50:24Z

Favorite Answer

yes, but the court cannot overreach either and become activist judges

smsmith5002014-10-10T14:57:14Z

I did not ask about if the law was a violation of the Constitution, I want to know if a court should have the right to over turn the will of the voters. In any case.
If a tax initiative is on the ballot and it is turned down by the voters, does the government have the right to overturn the will of the voters and impose the tax anyway.
What amuses me is that if the voters pass anything, a minority can run to a friendly judge and get it overturned. That is when we hear the phrase "tyranny of the majority".

?2014-10-10T15:38:57Z

No government has any "rights" at all; government has powers.
So if your question was worded "Do you think a court ought to have the power to overturn the will of the voters?" then my answer would be: yes, BUT only if the court is rendering an interpretation of the U.S. Constitution that is accurate and historically confirmable. Unfortunately, the U.S. Supreme Court has FREQUENTLY rendered interpretations of the Fourteenth Amendment that go way beyond what that amendment was intended to do.

civil_av8r2014-10-10T12:37:45Z

If said law that the voters passed violate the Constitution then the law should be overturned, like if a majority of voters in a state make slavery legal, the Constitution says that it is not, and the Constitution trumps state law.

Glenn2014-10-10T14:13:32Z

What are you talking about?
1) A Referendum? - Would depend upon the applicable law and, possibly, the constitution
2) A Jury decision? - No - It's called Jury Nullification and has been available for centuries (English Common law)
3) A Law passed by Congress? - It's not necessarily the will of the (common) voters, so yes

Show more answers (7)