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Judicial Tyranny in the states?

Most Americans are under the impression that America is truly an ideal democratically just nation, in which the people have the power. Sadly people are ignorant and are unaware of how corrupt the United Sates truly is.  Back in February during a heated debate in government class (which I won of course) I was genuinely upset and disappointed with the Government.  I do not mean to come off as a staunch republican who does not see both sides, which many presume I am, because honestly, I always try to make an effort to see both sides of the argument as any experienced arguer would.  However, while debating the prop. 8 case that took place in California in 2010 my instinctual republican core flared through my chest as I pondered how so many Americans could be so complacent by allowing judges to overturn the will of the people.

Before I completely analyze the case and explain how tyrannical and absurd the conclusion was I would like to briefly summarize the events for those who are unaware.  In 2010 there was a trial concerning the legalization of same sex marriage in California, also known as the Prop. 8 case.  The citizens of California voted to decide whether or not gay marriage would become legalized. The people’s votes resulted with 52.2% against it and 47.8% for it.  Shockingly, the verdict of the case made gay marriage in California legal.  Now if you’re sitting at your screen shaking your head with your jaw dropped I assure you, you are not alone.  The Supreme Court judges of California who judged the case claimed “Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California,” the court said. This enrages me greatly because I cannot fathom how any judge can justify overturning the will of the people without having legitimate constitutional grounds, which the judge clearly did not have. I might also add that U.S. District Judge Vaughn R. Walker who turned down the ballot is openly gay and has been in a same sex relationship for over 10 years.  Hmm…..how ironic.


That is outright judicial tyranny!  The constitution, also known as the supreme law of the land clearly states under the 10th amendment that powers not granted to the federal government nor prohibited to the states lye in the hands of the people. “The Tenth Amendment states the Constitution’s principle of federalism by providing that powers not granted to the federal government nor prohibited to the states by the Constitution are reserved to the States or the people.”

Now my understanding is that marriage is not a protected class under the constitution therefore giving the power to determine gay marriage to the people, not a gay judge

who wants to marry his boyfriend.  If this doesn’t make you feel cheated and skeptical of the free land in which you believe you live then America may not be the country for you.  The fact that a judge publically performed a tyrannical act that represents the very reasons why pilgrims left England to set up a free land astounds me.  Now you may be sitting there thinking I am writing this from a bias perspective, however, I can assure you I am not. I do not care about the legalization of gay marriage; it makes no difference to me. I care about living in a just democratic nation that honors the principles our fore fathers wrote into the constitution.  This case is a perfect example of complete corruption in our government; under no circumstances is it ever legitimate or democratic for a judge to overturn the will of the people with out constitutional grounds. 

This arises a question in which I will leave you with.  Are federal judges in America made corrupt by the amount of power they are given?  Now for those who may not know, Federal judges are appointed by the president to serve a life term.  This becomes very gray to me because I see both sides as legitimate arguments.  One side argues that Judges must serve a life term so they are able to make tough decisions and do what is right without worrying about popularity or being reelected. Others argue that judges need to be elected because they are given far too much power with a life term.  The solution is far out of my hands. I just want to make people aware of the corruption in America and encourage them to become more involved because it really does matter, if we let a judge overturn the vote of the people what will we let them do next if we aren’t careful?



2)  http://articles.latimes.com/2012/feb/12/news/la-santorum-decries-judicial-tyranny-in-prop-8-case-20120212

3) http://www.rochesterconservative.com/blog/judicial-tyranny-in-california/

4) http://latimesblogs.latimes.com/lanow/2012/02/gay-marriage-prop-8s-ban-ruled-unconstitutional.html

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