Monday, June 11, 2007

Conscience vs Will of the People, (part 3)

Grandpa continued by saying;

"Another reason being is that once being elected a representative takes an oath to uphold the Constitution not the will of his constituents. That means if the will of the people would be unconstitutional in regards to any issue he must consider, in his mind, then he has taken an oath to go against the will of the people. Thus he would be following his conscience rather than the will of his constituents. A few cases where it can be seen that the will of the people, at the time, would be considered as unconstitutional are listed below;

The case of the internment of the Japanese, German, and Italian citizens during our war with those countries.
The issue of desegregation.
The issue of abortion

These are but a few that come to my mind at this time and each person probably can cite an issue of their own. And I admit that the people have changed their minds in regards to the internment and segregation issue to the credit of the people. And while the people may have accepted abortion to the large part, it is still a contentious issue in society today. It is so contentious that when the Senate is interviewing a Supreme Court nominee that issue will be brought up. This in itself suggests that at least one branch of government must abide by the idea of conscience instead of abiding by the will of the people.

And if this be true then we need to apply that same principle to the other two branches of government. The reason being is that they have the responsibility of enforcing any decision of the Supreme Court. A good example of this being President Eisenhower’s need to use troops to enforce the decision to desegregate schools in Little Rock, Arkansas.

Now, boy, this does not mean that the people cannot participate in the decision making of our representative because they can and do. And I'll get to that part later."

With those words gramps went silent once more and got up to refill his cup of coffee that he was sipping on.


dcat said...

Smart man!

Knows his priorities! ;D


Words of Wisdom of my visitors

Grab This Widget

Gas Buddy

Search for gas prices by US Zip Code


Design by Amanda @ Blogger Buster