The Left Does Not Like The Law
Imagine that a leftist legislator places a bill in the Congressional hopper at the opening of the Congress. The bill is one to legalize gay marriage. Or it is one that will repeal sodomy or age of consent laws. It allows minors the right to have an abortion. It permits abortion up until the moment of birth. It will require parents to have their children subjected to a curriculum that indoctrinates them to the homosexual lifestyle. It legalizes euthanasia of the terminally ill or mandates sterilization of the mentally handicapped. It relaxes penalties against criminals based on their race or ethnicity. It treats Al Qaida terrorists as citizen criminals. It eliminates the Patriot Act which protects us from terrorists. It mandates tolerance and targeted recruitment of openly gay people in the military.
While the list above is by no means exhaustive, the chances of passage of such things ought to be fairly obvious. They're DOA. And that's the same in just about every state legislature in the U.S. Garbage of the variety described above just won't pass. Americans don't favor this stuff, and legislators know that they risk their political lives to play games with propositions like that.
Now imagine going to court with a case that hinged on one of those issues. Many folks would be sitting on the edge of their seats to await the result of the court case. How will a judge or group of judges change the law to affect the rest of us? What new law will they make? These are the wrong questions to be asking. Because that's not the job of a court. But tell that to the left.
The courts are their legislative and executive bodies. The American left has no pull among Americans in general. But their jurists have gotten themselves appointed to various courts and they have made a point of facilitating the leftist agenda just about any time they are given the opportunity to do so. Which is why we see these cases in the courts so often.
But what is the legal authority upon which these people base their claims that such things should be permitted? You will not find a single statute on point. Rather, they base their dubious claims on far-fetched claims of fundamental fairness (14th Amendment, 5th and 6th Amendements), the right to privacy (1st Amendment), and any number of other claims. But that's the problem. If it's fair, the legislators who exist to pander to the common folk will be only too happy to offer a bill. If the proposition is a little too racy, it won't see light of day.
And that's how majority governments work. If you don't like it, work to get like-minded leftists elected. But why would they bother when a judge will be only too happy to skip past interpreting the law based upon the facts before him to rewrite the law to fit his personal views?
The left doesn't like the law making process. And who could blame them? They lose when they play by the rules. This is not Sweden. So they have made law by a few conveniently placed judges. But this back-door approach towards making the law reflects a particularly inexcusable willingness to play dirty to win. And it is reflective of their opposition to majority rule which our nation has been based upon since our founding.
Being in the minority is no fun, but the minority doesn't make the rules in a republic. The majority wins it. And if they don't like that, they can simply amend the Constitution. Unfortunately, that requires a majority of, yes, the states and their legislatures. But, perhaps they'll just file suit the next time a gay man gets arrested for child molestation...