The Constitution, A Government Of Laws, Not Of Men

In a comment about a Supreme Court ruling on a Constitution issue, I saw the often repeated but wrong statement: In the US, the majority rules.

My response:

Constitution of the United States of AmericaNO, No and no!! We are NOT an unlimited democracy and never have been. The majority does NOT automatically rule. We are a Constitutionally limited Republic.

If the power to do a thing has not been given to the government by the Constitution, then it doesn’t matter how many people do or don’t want it. The government does not have that power. If the majority want the government to have a power that it doesn’t currently have, then Congress and the people can change the Constitution itself. Until and unless that happens, the Supreme Court has no rightful power to rule other than what the Constitution says as those who wrote it intended it to mean.

If words don’t have meanings or you can twist the meanings of those words at will, then we become a government of men and not of law and we might as well just tear up the Constitution. It has no real significance other than as an antiquity that we like to pull out every once in a while to smile at. We will no longer be the United States of America, but just the State of America. Unfortunately, there are some people who want just that.

If you want to learn more about what the words were understood to mean when it was written, there’s a couple of books worth getting: Notes of Debates in the Federal Convention of 1787 Reported by James Madison and the two book set The Debate on the Constitution : Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle over Ratification: Part One, September 1787-February 1788 and Part Two: January to August 1788 by Bernard Bailyn.

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