The Courts Should Not Have the Right to Make Legislation that the Majority of People Do Not Approve Of

484 Words 2 Pages
The Courts Should Not Have the Right to Make Legislation that the Majority of People Do Not Approve Of

Democracy is defined by Merriam - Webster's dictionary as "government by the people; especially: rule of the majority." America was founded to protect individual's rights and freedoms from being violated by the government. Our Constitution and the Bill of Rights were specifically written to limit the powers of the government. The courts should not have the right to make legislation that the majority of people do not approve of.

When interpreting the Constitution, one must consider its originalism. That is, you must consider the author's original intent in writing it. Thomas Jefferson, an author of the Constitution, favored
…show more content…
The Constitution was written and allowed for the citizens to be able to vote for their leaders. We vote for people to represent us and voice our opinions. Therefore, the law should correspond with the will of the majority. If we were voting for leaders to represent us, why would they want to protect someone else's opinion other than our own?

Some people argue that the minority's individual rights are violated when the majority is given favor. However, our Constitution has provided for their protection. During Thomas Jefferson's inauguration speech in 1801, he said, "Bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will, to be rightful, must be reasonable; that the minority possess their equal rights, which equal laws must protect, and to violate would be oppression" (Kangar).

Since our society is set up to be run by the people, if popular opinion is a certain way, the laws should not reflect the opposite. For example, the fact that when surveyed, the majority of American public believe in the use of Euthanasia yet there is a lot of legislation restricting Euthanasia (130 Alderman). Some may argue that this is because our people are too ignorant to make decisions for ourselves. We are a civilized, wealthy and well-educated country. The law related to us throughout every media and we face it daily throughout our lives. It is hard to live in this society and be unaware of the

More about The Courts Should Not Have the Right to Make Legislation that the Majority of People Do Not Approve Of

Open Document