Judgement, or lack thereof

The proposition 8 controversy in California is a perfect example of the future of America as we loose control of our government. Gay marriage was illegal in California (as it is in most states and countries around the world) but a Judge took it upon himself to declare his will and legislate from the bench that it was legal. Whether his action was illegal or unconstitutional is not the point of this mention, but the action the people of California took to correct his action is. Proposition 8 passed by a majority of the California population and those who opposed it are asking the California Supreme Court to overturn this legislation. Once again, it is not within the authority of a Judge to create or destroy a LAW, they are simply bound to APPLY the laws passed by the legislature.

Alexis de Tocqueville in Democracy in America wrote, “the President may slip without the state suffering” and “Congress may slip without the Union perishing.” also, “if ever the Supreme Court came to be composed of rash and corrupt men, the confederation would be threatened by anarchy and civil war.” A new President and a new Congress can be elected, but judges have life tenure and if there is no rule of law, how then shall we govern? By the rash emotions of judges? By the corrupt discrimination of judges against different classes of people?

It seems that when those in government exercise "judgement", its not in the interest of the people.