Welcome to 201k.com - A Commonwealth Perspective.

This morning 201k decided to check out the patriotic lounge known as "Freerepublic.com". We'd heard a lot about it but had never visited.

There we found a discussion of "judicial activism" in which the participants seemed more or less unanimous that Marbury vs. Madison actually established legislative supremacy over the judiciary.

Rather than argue the point (since it was successfully argued in 1803) we signed up for the site and posted the following simple question:

Say the US Constitution is amended to require that marriage be between a man and a woman only. Then say that in the due course of time a slim majority of people in the country decide that they're ok with gay marriage, and either pressure their legislatures to pass laws permitting it, or pass such laws themselves as referendums.

Would you consider it "judicial activism" for the Supreme Court to find those laws unconstitutional? In that they were going against the will of the legislative branch, and/or "the people"?

We were genuinely interested in what the posters there would have to say.

The post was deleted by the moderator within two minutes, and our posting privileges were revoked.

And thus ended our adventures in Constitutional dialog at FreeRepublic.com.