Wise?
Hmmmmm...
If the majority has no qualification to consider "rights", to whom, then, to we defer?
The minority?
The individual?
Do you prefer the decision be made by executive fiat?
Do you have a problem with public referenda (heretofore and customarily decided in favor of the, um...
majority)?
Hi,
In certain matters related to
fundamental rights I do believe it necessary at times to not rely upon the populace to guide what the law -- or common practice of a Society -- should be.
Rather than rely upon examples from my own country,that you might not be familiar with, I'll use an example specific to your own.
Consider the difficult history of the plight facing black people in your Southern States prior to the enactment of your Civil Rights Act in 1964. This particular piece of legislation applied itself to the entire country; but the greatest ripple effect of changes were to be had in the South.
If a referendum, or some other means to gauge public opinion was to have been put to the populace of the Southern States from the mid-1950's forward, I respectfully suggest that the majority view would be to continue to maintain the separateness of Black and White people regarding school registration, ability to vote, employment, housing etc etc etc.
It took action by your President at the time, Lyndon Johnson, as well as rulings by your Supreme Court, to force the changes and even then the changes came at a very great price.
Thus, relying upon the majority to consider the rights of the minority would not have been preferable in this case as social movement would never have been possible otherwise.
Studying the history of Social Welfare evolution displays a similar dynamic consistently over time, namely: Those in power are reluctant to give it up easily, especially in a climate of bias, stereotype or prejudice.
This tiny example above is just one of many; but is the most striking one because the level of systemic discrimination and resistance to change is so well recorded in history that it is easily recalled.
So, my starting premise that the majority should not be entrusted to rule on the rights of a minority, clearly apply in this case.
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