Jerry Brown gets it: his willingness to assert the principle that the majority cannot vote to take away the rights of the minority as the official policy of his office as California's attorney general may be the single most important political development I've seen in some time.
The pure collectivism espoused by the conservative supporters of Proposition 8 - who now openly declare that the will of the majority supercedes individual rights - shows that they have now completed their transition away from any pretense of a concern for limiting government. For decades now the Republicans have been me-too-ing the Democrats. Now, explicitly, there is no longer any fundamental difference between the two parties - though some might say that Brown represents a flip-flop: a Democrat who upholds the idea of a republic based on individual rights, as opposed to the Republicans who now stand for unbridled majority rule, which is what democracy really is.
And it is genuinely bizarre for Proposition 8 supporter Kenneth Starr to claim that Brown has invented "a completely new theory". Um, excuse me, Mr. Starr, have you not heard of the Bill of Rights?
Do you even know which country you're in?
According to the
San Francisco Chronicle,
Brown's reasoning would confer upon the state Supreme Court power it has never had, attorneys Kenneth Starr and Andrew Pugno said in their response to the attorney general's December brief.
Brown "is inviting this court to declare a constitutional revolution," the attorneys argued in the 29-page response. "His extra-constitutional vision is one of unprecedented judicial hegemony, a sweeping power vested in the least-democratic branch that overrides the precious right of the people to determine how they will be governed."
No, Mr. Starr, I'm afraid you have it backwards. Mr. Brown is simply upholding the Constitution and Bill of Rights, which uphold the rights of the individual against the tyranny of the majority.
It is you, Mr. Starr, and others like you, who have declared a "constitutional revolution", a revolution to sweep aside the Constitution and its protection of the individual, allowing the individual to be trampled under the feet of the masses of the majority anytime that majority so chooses. Conservatives used to have a word for that:
communism.
Mr. Brown is doing his job, and deserves to be commended by every freedom-loving individual in this country.