Is the Power of Judicial Review Undermining American Democracy?
its citizens. Yet, the power of judicial review threatens this very conception of marriage, giving courts the power to nullify laws in spite of the overwhelming popular opposition. The Federal Marriage Amendment act is necessary in allowing Americans to preserve and protect their own beliefs in regards to the institution of marriage. According to Senator Orrin Hatch, over forty states have taken measures to preserve the traditional idea of marriage, and a state legislature has never approved of same sex marriages. It is patently evident that the majority of Americans wish to preserve the integrity of the definition of marriage. Recent court activity has proven however, that only a constitutional amendment will guarantee that these American values will not be usurped by activist courts. Judges presiding over these courts disregard the popular opinion of the American people. It is unacceptable for the judicial system to coerce Americans to adopt policies against their own morals.
