- Joined
- Jul 25, 2014
- Messages
- 9,869
- Reaction score
- 3,495
- Location
- Los Angeles area
- Gender
- Male
- Political Leaning
- Conservative
They are enacted by vote of elected representatives.
That's right. As I said, those representatives are elected by majority vote, and the bills they write are also enacted into law by majority vote.
And courts presume nothing of the sort.
I stand by what I said. Under the Supreme Court's "rational basis" standard of review, which applies in most challenges to the constitutionality of government actions, courts presume duly enacted laws are constitutional. Courts defer strongly to the legislature involved partly out of a belief that in a democratic form of government, it is legislators and not courts who should make policy decisions, because they are elected by the people and therefore accountable to them. As the Supreme Court has noted, quoting from one of its earlier decisions,
"The Constitution presumes that, absent some reason to infer antipathy, even improvident decisions will eventually be rectified by the democratic process and that judicial intervention is generally unwarranted no matter how unwisely we may think a political branch has acted." FCC v. Beach Communications, 508 U.S. 307, 314 (1993).