Originally posted by kd2acz
IMO the constitution is under attack. Recently in California gay marriage was rejected by the voting populace but the will of the people is still being rejected. I am not sure what the current status is but what the people want does not matter in California with regard to this issue, the voice of a few should not rule the majority... in this case or any oth ...[text shortened]... . When we change this fundamental principle of our constitution, we are going to have problems.
It seems you don't understand what a constitutional democracy is all about. The sole purpose of the constitution is to protect against the problems of democracy.
The constitution for example enshrines certain rights thus protecting against discrimination (which pure democracy can result in).
In general, democracy fails when people vote on an issue that affects only a minority of which they are not part - or even when it disproportionately affects a minority.
The issue of gay marriage should be settled as a rights issue based on the constitution and should never have been put to the vote.
I have a similar opinion regarding immigration and citizen ship. I do not believe the rights of a foreign national residing in a country should be decided via democracy, but should instead be enshrined in the constitution. In fact I believe that if someone resides in a country continuously for 5 years they should automatically be granted citizenship with all its attendant rights.
In other cases, I believe the constitution (or laws perhaps?) have gone too far in restricting democracy. For example the rule that someone standing for president must have been born in the country, seems to me to be unreasonable. I believe the president should be decided democratically and whoever the people vote for, should be allowed.