Recently the Supreme Court handed down some significant rulings that affect many students at the U. The rulings regarding affirmative action policies at universities and sodomy laws in general will have direct ramifications for many U students.
While the consequences of the court’s rulings are of great interest in and of themselves, the rulings point to another phenomenon which is also of great importance.
The Supreme Court rulings remind us as citizens and students of the tenuous strain that exists in our society between liberty and democracy.
The decision regarding the Texas sodomy law illustrates how liberty sometimes trumps the legislative powers that extend from our democratic system.
It is a classic example of how legislatures may enact laws in accordance with popular sentiment-though the rights of the minority must not be trampled in the process.
The ruling on the University of Michigan admission standards points to another important role of the court.
The Michigan ruling is a good example of the dialectic that exists between the legislative and judicial branches of government.
Frequently, legislation and policy are established in response to court rulings.
In the case of Michigan’s admission standards, it seems almost certain that Michigan will recreate an admission policy as close as legally possible to the one used previously. Through this discourse comes governing law.
Many people today feel that the court has become too activist in its nature. They feel democracy loses out when the court makes decisions such as the ones made recently.
Others argue that the court focuses merely on procedural issues, and has done little to fulfill its responsibility in protecting everyone’s constitutional rights.
Perhaps the discontent is a good indicator that the court has been successful in doing its job.
Democracy and liberty do not necessarily go hand in hand. This will be the story of American history as long as she has a history to tell.
It is important that the Supreme Court continues to sort out the balance between rule of the majority and rights of the minority.
