THE ROBERT W. WHITAKER ARCHIVE

IN YUGOSLAVIA, THE PEOPLE ARE RIGHT AND THE COURTS ARE WRONG. THAT NEVER HAPPENS HERE | 2000-10-07

Yugoslavia's ruler Slobodan Milosevic didn't like the way the election turned out, so he went to his Supreme Court. His Supreme Court said those in power were right and the people were wrong, so it nullified the election. The Western media roared its disapproval.

That same thing happens in America all the time, and the media always takes the side of the courts. The only difference is that, over here, the popular majority against the court position is usually larger.

In the case of busing, the courts invented and enforced busing against eighty to ninety percent disapproval, but the press was all for the courts. When over sixty percent of California voters voted that illegal aliens should not receive public services, the courts simply overruled them.

The media cheered.

In plain English, the rule in America is that the public can decide an issue only if the courts don't feel like it (Please see January 2, 1999 Whitaker Online, WHAT DOES IT MEANS WHEN YOU SAY YOU HAVE "A LIVING CONSTITUTION?" IT MEANS IT'S DEAD). But in Yugoslavia, where the American media is on the side of the people, the courts should bow to the populace.

Every United States Supreme Court decision is said to be a matter of "constitutional law." But no one pretends it has anything to do with what the Constitution actually said.

A "strict interpretation of the Constitution" is a purely conservative slogan. But no conservative would DARE require strict interpretation when it comes to the court's decision -- in open defiance of constitutional intent and all previous decisions -- to strike down all state anti-miscegenation laws.

Even when they demand that the United States federal court decisions take precedence over the people, liberals freely admit it has nothing to do with the real Constitution. When the court adds something that the Founders did not mean to the Constitution, liberals say the Constitution "grows."

When you "grow," you are clearly adding something that wasn't there before.

Our rulers, like Milosevic, simply appeal to the courts and get the people slapped down. But over here that's just "democracy by other means."