Wednesday, November 5, 2008

Proposition 8 looks like it will pass

Lost in much of the excitement over the Obama win is the fact that it looks as if homosexuals in California will lose the right to marry. Call it sour grapes if you want, but I don't understand how a ballot initiative can pass with a simple majority and overrule a bill passed by the legislature and upheld by the courts. Part of the purpose of democracy is to let the people have what they want, but there are two reasons that we don't put everything to a vote. One is the simple fact that it would be infeasible for people to vote on every single legislative piece. The second is that our leaders are able to make the tough calls, calls that go against the majority but are the right thing to do.

I'll give a few examples of this. When a murder is committed and someone is arrested, we could take a vote to see whether he is guilty or not. However, a long time ago, someone realized this would be unfair to the suspect. He deserves a trial. In this trial, the people voting on his decision are educated on the facts of the case. Additionally, a unanimous verdict is required to send a man to jail.

Alternatively, one could take a popular vote in the town of the crime, but it was decided that this wouldn't be fair to the suspect, most likely because the emotion of the situation would be too much. You need to select a group that can make the appropriate decision.

An example of letting popular rule have too much power is shown in the energy crisis. Politicians have always taken the easy way out and tried to "drill, baby drill" In doing so, we ignored the environment and now, we are paying the price for it. We can continue to drill, but it is the responsibility of those in charge to make an informed decision, and not to blindly follow the masses.

The idea of "checks and balances" is to give the people some power, but not to much; it should give the legislative branch some power, but not to much; the executive branch some power, but not too much; the judicial branch some power, but not too much. Here, were are having the people, by a small majority, overrule what the legislative and judicial branch of the government ruled.

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