Originally posted on International Liberty:
My daily email containing the editorials and opinion columns from the Washington Post included an item written by E.J. Dionne entitled “Supreme Court activists: Conservative justices forget we’re a democracy.”
Surely this was a mistake.
- Doesn’t Dionne know that the Constitution was adopted in part to protect basic freedoms from untrammeled majoritarianism?
- Is he unaware that Article 1, Section 8 lists “enumerated powers” of the federal government, and that health insurance isn’t mentioned?
- Did he forget that America is a constitutional republic, or perhaps was never taught?
- Did he not learn about separation of powers in school, and that the courts are supposed to protect us against tyranny of the majority emanating from the legislature?
I suspect he does understand, at least with regard to the first question. For instance, I’d bet a lot of money that he was correctly in favor of the Court’s decision to protect flag burning as a form of political speech, notwithstanding public opinion and congressional approval.