rights, rights, and still more rights

[Justin Schwartz]

>
>You make the following point:  "so long as they and
>you will respect each other's willingness to
>politically decide your differences, including your
>differences about rights, by reference to democratic
>procedures."
>
>Seems to me that the civil rights movement expressly
>rejected this proposition and relied on an
>anti-democratic institution (the Supreme Court) to
>override the will of the people in the name or moral
>rightness.
>
>Do you reject that approach?  Or reject the calim that
>the Court is anti-democratic?

The CRM took LEGAL arguments to the courts, not just moral ones. Among those 
were the legal principle (of footnote 4 of US v. Carolene Products) 
interpreting the equal protection clauseas requiriung special efforts to 
protect discete and insular minorities. That is a democratic, though 
countermajoritraian principle. That is not a contradiction: see Ely, 
Democracy and Distrust. Btw the CRM also betook itself to the streets in a 
democratic carnival of civil disobedience, quite properly too.

jks

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