By straying from the text of the Constitution, substantive due process exalts judges at the expense of the People from whom they derive their authority. Petitioners argue that by enshrining the traditional definition of marriage in their State Constitutions through voter-approved amendments, the States have put the issue 'beyond the reach of the normal democratic process'. But the result petitioners seek is far less democratic. They ask nine judges on this Court to enshrine their definition of marriage in the Federal Constitution and thus put it beyond the reach of the normal democratic process for the entire Nation. That a 'bare majority' of this Court is able to grant this wish, wiping out with a stroke of the keyboard the results of the political process in over 30 States, based on a provision that guarantees only 'due process' is but further evidence of the danger of substantive due process.
Clarence ThomasRelated topics
able ask authority bare beyond court danger definition democratic due entire expense far federal grant keyboard less marriage nation nine reach result seek state stroke substantive text thus traditional wish Judges StatesRelated quotes
In every society, a few individuals acquire the status of an elite through talent. Due to superior achievements of wealth, wisdom, and bravery, these individuals come to possess natural authority, and their opinions and judgments enjoy wide-spread respect. Moreover, because of selective mating, marriage, and the laws of civil and genetic inheritance, positions of natural authority are likely to be passed on within a few noble families. It is to the heads of these families with long-established records of superior achievement, farsightedness, and exemplary personal conduct that men turn to with their conflicts and complaints against each other. These leaders of the natural elite act as judges and peacemakers, often free of charge out of a sense of duty expected of a person of authority or out of concern for civil justice as a privately produced "public good."
Hans-Hermann Hoppe
He who doeth good unto Me, it is as if he doeth good unto God, His angels and the entire company of His loved ones. He who doeth evil unto Me, it is as if he doeth evil unto God and His chosen ones. Nay, too exalted is the station of God and of His loved ones for any person's good or evil deed to reach their holy threshold. Whatever reacheth Me is ordained to reach Me; and that which hath come unto Me, to him who giveth will it revert. By the One in Whose hand is My soul, he hath cast no one but himself into prison. For assuredly whatsoever God hath decreed for Me shall come to pass and naught else save that which God hath ordained for us shall ever touch us. Woe betide him from whose hands floweth evil, and blessed the man from whose hands floweth good. Unto no one do I take My plaint save to God; for He is the best of judges. Every state of adversity or bliss is from Him alone, and He is the All-Powerful, the Almighty.
Báb
Liberals are always frightened by diversity of opinion. They think a fair way to decide passionately contested issues is for the federal government to issue uncompromising edicts giving liberals everything they want, and then to suppress all criticism of the edicts. The fascistic order, completely supplanting all democratic processes, is then known as a victory for "choice." As the Grand Inquisitor said in The Brothers Karamazov: "They have vanquished freedom and have done so to make men happy."
That's what the Supreme Court did in Roe vs. Wade, and has repeatedly done in periodic codicils to its original edict. Just this past term, in Stenberg vs. Carhart, the court expanded the apocryphal abortion right to an all-new right to stick a fork in the head of a half-born baby. The first lunacy keeps being rewritten to give abortion enthusiasts everything they could possibly want.
Ann Coulter
The Supreme Court of Florida has said that the legislature intended the State's electors to "participat[e] fully in the federal electoral process," as provided in 3 U. S. C. §5. That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12. That date is upon us, and there is no recount procedure in place under the State Supreme Court's order that comports with minimal constitutional standards. Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed. Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy.
Anthony Kennedy
... I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution. And if that be not the guide in expounding it, there can be no security for a consistent and stable, more than for a faithful exercise of its powers. If the meaning of the text be sought in the changeable meaning of the words composing it, it is evident that the shape and attributes of the Government must partake of the changes to which the words and phrases of all living languages are constantly subject. What a metamorphosis would be produced in the code of law if all its ancient phraseology were to be taken in its modern sense! And that the language of our Constitution is already undergoing interpretations unknown to its founders, will I believe appear to all unbiased Enquirers into the history of its origin and adoption.
James Madison