A majority taken collectively is only an individual, whose opinions, and frequently whose interests, are opposed to those of another individual, who is styled a minority. If it be admitted that a man possessing absolute power may misuse that power by wronging his adversaries, why should not a majority be liable to the same reproach? Men do not change their characters by uniting with one another; nor does their patience in the presence of obstacles increase with their strength. For my own part, I cannot believe it; the power to do everything, which I should refuse to one of my equals, I will never grant to any number of them.
-Alexis de Tocqueville, "Democracy in America."
That reasoned argument against what de Tocqueville called "the tyranny of the majority" is a total crock. A bunch of hooey. Liberal claptrap from a French intellectual with no real understanding of democracy. Never mind that James Madison agreed in the Federalist Papers, warning of "the superior force of an interested and overbearing majority" -- Madison was just some loonie leftist. The majority is all-powerful. If you can get enough people to agree with you, you can do anything you want to anybody. There are no such thing as rights, only privileges that can be voted away at any time. Get enough people together and you can even take someone's First Amendment rights away -- if people don't like what you're saying, they can use the power of democracy to shut you the hell up.
So sayeth that great American patriot Kenneth Starr. Best known for an unsuccessful witch hunt against then-President Bill Clinton, Starr is the dean of Pepperdine law school -- which makes you wonder what kind of education Pepperdine law students get for their money. At issue was California's Prop. 8 -- a ban of same sex marriage. The state Supreme Court had previously ruled that gays and lesbians had the right to marriage. Prop. 8, which passed as a referendum, would remove that right and retroactively undo the marriages that have occurred since the court's ruling.
But, since the court ruled that marriage was a right, not a privilege, Prop. 8 became a classic example of the "tyranny of the majority" -- with a simple majority vote, Californians took a right away from a minority group. The ballot measure is now in California's Supreme Court, where Ken Starr -- representing Prop. 8 supporters -- argued yesterday that there's really no such thing as "rights." At least, not if you're in the minority.
"Swallow the bitter pill and act with diligence if one is weak, enjoy all one's rights if powerful: that's my doctrine," wrote the Marquis de Sade. Starr apparently agrees... [CLICK TO READ FULL POST]
