Role of the judiciary misrepresented in popular political thought
In the month following the election, there has been much talk of judicial action and judicial responsibility.
Not only are there arguments about how the courts should act, many of these arguments demonstrate a serious misunderstanding about the Constitutional duties of the judicial system, at both the state and federal level.
The Constitution is a force which counters tyranny, in the form of one individual, or of the majority. Any law, whether passed by Proposition or in the Legislature, cannot remove any of the rights guaranteed to citizens by the Constitution. It is the duty of the judiciary to uphold the Constitution against any law which violates it.
There seems to be an idea that if a majority passes a law, it is inviolate and cannot be challenged. This is an incredibly fallacious notion.
The United States is a country based upon the overthrow of tyranny, and any attempt to impose tyranny is not only unconstitutional, but counter to everything this country stands for.