That's Why I Wish Again....

[Paul Finkelman]

Rick makes an excellent point for the danger of the tyranny of the
majority; allow the majority to oppress anyone it likes but do it by
ballot and then it is ok?

Paul Finkelman
President William McKinley Distinguished Professor of Law
     and Public Policy
Albany Law School
80 New Scotland Avenue
Albany, New York   12208-3494

518-445-3386 
pfink at albanylaw.edu
>>> Rick Duncan <nebraskalawprof at yahoo.com> 11/11/06 2:46 PM >>>
Now that so many states have adopted defense of marriage initiatives, I
wonder if we will begin to see more civil rights initiatives proscribing
racial preferences by government showing up on ballots? I have no doubt
they will pass in most (even all) states, and they might energize those
Reagan Democrats (white, blue-collar types like Ms. Gratz) to turn out
and vote. And perhaps to vote for candidates who have the courage to
support equal opportunity for all without regard to race.
   
  This is exactly the kind of issue that ought to be decided by
initiative, because it is one where the opinion of elites is completely
out of touch with the views of most citizens. 
   
  Earlier, someone suggested that maybe the people should defer to the
consensus among their betters that affirmative action is necessary even
if it means that some deserving people will be denied an equal
opportunity to compete for scarce public resources. I guess I look at
this from a differennt angle--maybe the elites should start listening to
the people of Michigan and elsewhere when they say they are not willing
to sacrifice the principle of equal opportunity (and the dreams of their
children) in order to achieve some "critical mass" of diversity (however
defined).
   
  Rick Duncan




  Rick Duncan 
Welpton Professor of Law 
University of Nebraska College of Law 
Lincoln, NE 68583-0902
   
  
"It's a funny thing about us human beings: not many of us doubt God's
existence and then start sinning. Most of us sin and then start doubting
His existence."  --J. Budziszewski (The Revenge of Conscience)
   
  "Once again the ancient maxim is vindicated, that the perversion of
the best is the worst." -- Id.


 
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