Judges say Scali's gun rights decision is judicial activism

[tombogan03884]

Okay, Judge Wilkinson. The people should use the ballot box instead of the courts to establish rules to live by, right? Well then, what is a member of The People to do when the long established, and politically entrenched party in power, legislatively acts against the will of the people?

Does Judge Wilkinson believe that, if left to a popular vote by the citizens of the District of Columbia, they would vote themselves into helpless disarmament? The residents of DC elect those in power over them to continue of the social support system they have become desperately dependent upon. That does not mean, however, that their Constitutional rights are subject to suspension because elected officials believe that, sometimes, "the people just don't know what's good for them".

Justice Scalia in his opinion did not depart from the Constitution, he simply reminded the elected officials of DC that they may not as well. That is not activism. It is reaffirmation of equal justice under the law.

Mac.

That crap may work in a DEMOCRACY, (rule by the majority) Fortunately for us we live in a constitutional REPUBLIC, (Rule by law) so regardless of what the "Majority" wants, if it violates the LAW (Constitution) it is wrong.

[DDMac]

Exactly right, Tom. If majority rule existed here, there would be a much different social and economic landscape carved out over the last 200 years. Entire epic books could be written on the probabilities, and what foreign language we would be speaking now.
Mac.

[tombogan03884]

I think it was Madison who answered a question by saying,"The majority? The majority sir, is an ass"