Popularity makes no law invulnerable to invalidation

Popularity makes no law invulnerable to invalidation. Americans accept judicial supervision of their democracy – judicial review of popular but possibly unconstitutional statutes – because they know that if the Constitution is truly to constitute the nation, it must trump some majority preferences.

George Will

8 thoughts on “Popularity makes no law invulnerable to invalidation”

  1. Just look to France with their current wave of “mostly peaceful” riots and protest: 500 police injured and 1000 fires, all because in order to rein in the cost of the national pension system eating 15% of their economy by raising, eventually, the retirement age from 62 to 64. Which would take the lowest retirement age in Europe and make it…the lowest retirement age in europe.

    The only thing worse than the tyranny of the 51% is the tyranny of the mob.

    There but for a few more years goes the US.

  2. I’m keeping an eye on what happens when a law is not popular but imposed anyway: The EU is allowing larvae and bugs to be used in flour — for the environment! — and this abominable flour is for sale in Italy. Apparently the Italians intend to segregate it and clearly mark it at the grocery store, and allow capitalism to do its thing. Right now the Italian government says it’s banning the use of vermin flour in pasta and a few other things. But I’m wondering: if an EU agency tries to force the issue, e.g., not allowing the segregation or the “mark of Cain”, will the Italians remember Ye Olde Equation: ropes + lampposts + politicians = assembly required?

    But perhaps capitalism, in this case giving the people what they want, will save the day. Currently, I buy Barilla pasta without a second thought. However, if there’s even a small chance it’s made with with larvae and bugs, I will never buy Italian-made pasta again. They will be dead to me. Metaphorically. But if the Italians are tricked into eating bugs? Things might get literal over there real quick. There’s a business case to be made for not letting things get that far, but we’ll see soon enough who wins in the match-up of money vs. ideology.

    Interesting times, we’re clearly living in them.

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