Democratic Majority Will

“Let me be clear that I have nothing against homosexuals, or any other group, promoting their agenda through normal democratic means…every group has the right to persuade its fellow citizens that its view of such matters is the best … But persuading one’s fellow citizens is one thing, and imposing one’s views in absence of democratic majority will is something else.“

That is a beautiful thing, yes? Justice Scalia does not believe in imposing one’s views in the absence of democratic majority will. If you can’t persuade one’s fellow citizens of something then you just shouldn’t impose your will on them. That’s what it’s all about.

But, I sure wish that Nino would have given us a little clue as to how we ought to determine that all-important “will of the majority,” because his decisions and the actions of his political allies make it a bit difficult to know how it’s supposed to be done these days.

We know that gaining a half a million vote plurality in a national election is completely irrelevant to any determination of a winner on a logical, legal or moral basis. One should never let something simple like that get in the way of anachronistic rules of centuries gone by as a way of informing themselves as to the democratic majority will.

We also know that even the traditional way of determining the democratic majority will — counting all the votes — is not acceptable because it could irreparably harm one of the party’s claim to have won. It’s going to be tough from now on to win a disputed election because that irreparable harm thing is pretty much inevitable in any contest where a winner and loser are determined.

And if Bush vs. Gore taught us one thing it’s that arbitrary rules and conflicting deadlines are sacrosanct when determining the will of the democratic majority prior to the votes being completely counted.

However, if a party does not like the democratic majority will after the election has been determined, it is perfectly acceptable to remove elected officials through partisan impeachments, recalls and ad hoc gerrymandering.

Nino and his allies believe that democratic majority will should be respected above all other things.

Except when it comes to elections.