Did Justice Scalia get it right? [View all]

[chknltl]

This passage from our bigoted Justice Antonin Scalia in his angry dissent is deliberately singled out by me for purpose of discussion. Let me preface this by clarifying that I celebrate marriage equality today and that I am hard pressed to think of a single area of agreement between myself and Justice Scalia.

Here is the passage from Justice Scalia's dissent:
"That is jaw-dropping. It is an assertion of judicial supremacy over the people's Representatives in Congress and the Executive. It envisions a Supreme Court standing (or rather enthroned) at the apex of government, empowered to decide all constitutional questions, always and everywhere 'primary' in its role."

Did Justice Scalia unintentionally reveal a very real severe problem currently plaguing our very democracy?

Keeping things simple for those of us who are not Constitutional scholars. I learned in high school civics long ago that we had three 'coequal' branches of government. (Executive, Legislative and Judicial). No branch was more powerful than the other.

I further learned that our government was set up that way by our founding fathers deliberately to provide checks and balances on itself and that through the vote of the citizenry we become the final arbiter.

Justice Scalia asserts that the Supreme Court is more powerful than either the Executive or the Legislative branches. Thom Hartmann has been argueing the very same thing for years now.

So big DU, can one branch and only one branch of our government overrule the will of the other two? Can that branch of our government tell We The People how we can or can not act? Did Justice Antonin Scalia unintentionally reveal something about our government that he already knows to be true?