Decatur, Ala. | Tuesday, May 21, 2013
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EDITORIAL
Fear of democracy

As U.S. Supreme Court Chief Justice John Roberts gets bashed for betraying his conservative ideology while upholding the Affordable Care Act, it is worth recalling what he actually did.

He allowed the people, through their elected representatives, to solve a social problem.

Justices, who are not elected and hold a lifetime tenure, should be slow to interfere with popular will as expressed through our representative democracy.

"We possess neither the expertise nor the prerogative to make policy judgments," Roberts wrote. "Those decisions are entrusted to our nation's elected leaders, who can be thrown out of office if the people disagree with them."

Despite his recognition of the limited role of the judiciary in blocking the will of the people as expressed through their representatives, Roberts went to great pains to limit legislative authority in future cases. The chief justice placed novel limits on Congress' ability to pass laws that regulate commerce.

Whether those restrictions will survive the test of time is unclear. Certainly, though, they reflect a mistrust of democracy.

While the court has an important role in protecting the minority from the majority and enforcing specific prohibitions, it should tread more carefully when protecting the majority from itself.

Democracy includes built-in checks that prevent Congress from making lengthy excursions beyond the will of its constituents.

After describing various limits on Congress included in the Constitution and in the Supreme Court's past decisions, Justice Ruth Bader Ginsburg explained the ultimate limitation succinctly:

"Supplementing these legal restraints is a formidable check on congressional power: the democratic process."

Supreme Court justices are accountable to no one. Congress is accountable to the people.

When not bashing Roberts, opponents of the law — that would give 30 million people access to health care while reducing the deficit — are calling for repeal.

It is the people's ability to repeal the law — by changing the composition of Congress — that validates Roberts' caution. The people created health care reform, and they can kill it. There was no need for an appointed judge to intervene.

It was not Roberts' job to rule on the wisdom of the Affordable Care Act.

"Under the Constitution," Roberts wrote, "that judgment is reserved to the people."

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4 comments on this item

Roberts will be remembered as a traitor to his country who was afraid to stand up against obama.....

So the Decatur Daily's position is that the Constitution means nothing if a majority of elected officials chose to ignore it? Do you really mean that? I am certain you would not agree if it was Freedom of the Press that was being shredded.

"... while reducing the deficit...". If you actually think this is true, you are are either delusional or a shill for the President.... or, even more likely, both. The Tyranny of Good Intentions is going to push every citizen towards government dependency while it bankrupts the country. This is exactly what the republic democracy is supposed to protect us against. It just so happens we have a President hellbent on increasing the size of gov't, a Legislature (at least one point) willing to go along with it, and a Supreme Court willing tonset aside the Constitution to make it happen.

Roberts and Ginsburg should move to Mexico.....

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