Conservatives: Are you of the opinion that there is no such thing as an unconstitutional law...?

Question

That is, do you feel that if a law is passed by a majority that that makes it sacrosanct and not to be overturned, no matter the nature of the law? That judges should exist only to rubberstamp the will of the majority - never to question it? Obviously, conservatives and fundamentalists are unhappy with the recent California Supreme Court decision reguarding g*y marriage, but I am wondering if you apply this line of reasoning to other initiatives and laws. Your thoughts?

Answer 1

I'm conservative and there are many laws I consider unconstitutional starting with virtually every part of the Patriot Act,  Gun Control, Eminent Domain etc....  As for California the judges overstep ed their authority by overturning constitutional measures like Prop 187, the ban on g*y Marriage, the Death Penalty (we got rid of the idiot judge who caused that fiasco).

Answer 2

In my experience, Democrats and left-wingers are much more oppositional to the idea of a written constitution that greatly restricts the over-reaching arm of government from doing their bidding. In this case, though, it's obvious what's going on. When the courts are on your side, suddenly you're a strict constructionist. When the will of the majority is on your side, suddenly you're a firm believer in popular sovereignty and the democratic process.

It's hypocrisy on both sides. I support the g*y marriage decision, regardless of my feelings on the issue. I can understand the legal argument and I think it's solid. Democracy matters, but courts exist to put checks on the power of government and the power of the people in the interest of liberty.

Answer 3

Nice label. But it doesn't stick. Liberals have a long history of passing laws that get smashed when they go up against the Constitution, both Federal and States.

Answer 4

My tought about the questioned issue of laws, no matter homosexuals or what.

As time passes, even the laws that was made by the majorities

commonsense, may change by the majority , because time and  circumstances are constantly changing in the environments of life.

By civic participation in a justful system, all laws are the fit that benefits furter the public than prohibits it.

Answer 5

I've never heard any conservative suggest this.

Certainly laws can be unconstitutional, and should be struck down as such... but that should (IMO) be determined based on what the constitution (state or federal) actually says, rather than what judges wish it said.