Some radical libertarians simply do not understand how our Constitutional Republic works. I see libertarian pages praising the judicial activism in the state courts overturning the will of people as it pertains to marriage policy. The issue of marriage isn’t my concern at this point, judicial tyranny is.
In order to reconcile the Madisonian dilemma, or consensus/dissensus, is how we decide such issues as marriage. Being that the constitution is silent on marriage, and by no means does the 14th amendment apply, nor any other amendment, said decision is left to the states/people (LEGISLATURE). Libertarians, in this case, are applauding an action that runs counter to the will of the people in some of these states, or have jumped the gun before the body politic could catch up, either case is irrespective of the issue. Basically, they are advocating lawless judicial intervention.
How would Montesquieu define this type of tyranny?
“There are two sorts of tyranny: one real, which arises from oppression; the other is seated in opinion, and is sure to be felt whenever those who govern establish things shocking to the existing ideas of a nation.”
It would seem libertarians advocate the latter… only when it’s a law they agree with. I know few libertarians who would be willing to praise John Roberts for rewriting Obamacare from the bench and then declaring it “constitutional.” What then, is the purpose of the legislature? With the high and mighty, infallible and lawless judiciary, who needs the people anyway. This is the mentality libertarians are implicitly endorsing by praising this kind of judicial activism. I find it distressing that libertarians advocate the same tactic the left has for imposing their vision of society onto the people. The next time we get an activist, lawless opinion from the courts, I don’t want to hear the same libertarian pages complain about “big government.” The courts uphold contracts on behalf of the people, not a state Supreme Court Justice. They’ve already obliterated the commerce clause that has led to the dirigiste economy we have today, next they’ll seek to change the takings clause. No big deal, someone is sure to agree with it somewhere.
– Will Ricciardella