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Archive for March, 2009

In oral submissions in the case seeking to overturn Propoition 8 in California, Kenneth Starr, the chief lawyer defending Proposition 8, on Thursday said that the majority has the power to overturn any right it so chooses to, including that of free speech.

As reported by ReutersKenneth Starr… repeatedly told the court that a simple majority could limit rights up to and including free speech under a state constitution designed to give citizens broad power to legislate through the ballot box.

Think about it  – any right, to anyone, would be subject to the whim of the majority at the time.

Starr’s position is extremely dangerous.

Scenario, the government creates an environment of extreme hostility against a specific minority at a specific time. There is a propposal launched to punish or ‘get rid of’ this minority, and the majority like sheep vote for it.

Imagine if Kenneth Starr’s opinion was law during the 50s comunist witch-hunt period?

Could the majority be so convinced to act in an extreme fashion against a disfavoured minority? Remember, a democratic Germany was convinced enough to vote for the anti-semitic Adolf Hitler.

Perhaps some of the words in the US declaration of Indepndence should be rewritten thusly:
We hold these truths to be generally agreed to at this time, that all men are created, if they correspond to cetain acceptable conditions, equal. That they are endowed by the majority with certain momentarilly granted Rights, that among these are Life, Liberty and the pursuit of Happiness, as the majorty may define them.

Is that the way it should read Mr Starr?

It seems to me that some Americans love their Declaration of Independence and Bill of Rights like a boxer loves their punching bag.

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