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- Date: Fri, 22 Jan 1993 18:08:33 -0500
- Sender: International Intercultural Newsletter <XCULT-L@PSUVM.BITNET>
- From: "Douglass St. Christian" <stchri@MCMAIL.CIS.MCMASTER.CA>
- Subject: Re: Democracy, Freedom of Speech and the courts.....
- In-Reply-To: <199301221628.AA19550@mcmail.cis.mcmaster.ca>
- Lines: 33
-
- On Fri, 22 Jan 1993, AHMED@DAYTON.BITNET wrote:
-
- > Dougl,
- >
- > Great question.... Now as for my answer....
- >
- > The Judge's decision is commendable and the system fair....IF ALL THE
- > AMENDMENTS PASSED BEFORE AND SINCE IN COLORADO MEET THE REQUIREMENT....
- > NOW, I do not think so....
- >
- > ZAHIR
-
- By Jon's standards, once chosen, the govt has the authority to legislate
- until removed from office by de-election or impeachment or, in the case of
- the Colorado Ammendment, by recourse to the courts.
-
- Not all statutes are subjected to the 'strict scrutiny' requirement by the
- courts for any number of reasons, the least of which would be that few
- judges have Judge Bayless's foresight.
-
- Are you suggesting, Zahir, that for a mass-democracy [representative or
- otherwise] to work all decisions of the government should be automatically
- subjected to constitutional strict scrutiny? Would this be a condition for
- your accepting that America is a democracy?
-
- Dougl....
-
- P.S. - whatever your answer, Zahir, I think that recourse to strict
- scrutiny - open and available recourse that is - is an ideal in the US and
- not the norm. Like so much else in the much-vaunting [and much-vaunted
- -smiles, Jon] American democracy, I think the constitutional gatekeeping
- of American courts is a smokescreen which sustains rather than challenges
- the status quo.
-