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

12 Answers

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  • 7 years ago
    Favorite Answer

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

  • 7 years ago

    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".

  • Mark
    Lv 7
    7 years ago

    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.

  • 7 years ago

    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.

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  • Glenn
    Lv 4
    7 years ago

    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

  • Anonymous
    7 years ago

    Any law that violates the Constitution, whether made by voters or elected officials, must be overturned.

  • ?
    Lv 5
    7 years ago

    Yes. Democracy has been described as "Tyranny of the Majority". The majority, or well funded vocal minorities, can pass laws that violate the rights of individuals and groups. The courts are a defense against this type of tyranny.

  • MEL T
    Lv 7
    7 years ago

    Yes. If the law is in violation of the US Constitution is must be overturned regardless of what the vote count was.

  • 7 years ago

    Doesn't matter what I think. They do it all the time and will keep doing it. Remember everybody griping about Congressional term limits. Well guess what? Democracy is messy. Win some, lose some. Best luck.

    http://www.nytimes.com/1995/05/23/us/high-court-bl...

  • ?
    Lv 7
    7 years ago

    When the voters choose to break the law, the Court is SUPPOSED TO do that.

  • Renee
    Lv 5
    7 years ago

    In the USA , to vote is a freedom for living in this country that has freedom to

    vote . When they find out something about the candidate running they have

    plenty of time to make up their choice who they are voting for.

    i'll just say that as far a I know that call someone who knows more than

    I do.

    In closing , Do what your conscience is telling you.

    Source(s): Tips to take action when you're unfamiliar with who to turn to in this case oranything you're unsure of.
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