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Letter: Checks, balances, but no anarchy, governor
First Published May 23 2014 05:47 pm • Last Updated May 23 2014 05:47 pm

Gov. Gary Herbert’s claim that failure to defend the law against gay marriage will lead to anarchy is mistakenly alarmist and demonstrates a fundamental lack of understanding of the American legislative process.

The founding fathers, in their remarkable wisdom, included a system of checks and balances when drafting the Constitution. Those measures were designed specifically to protect against the "tyranny of the majority" and the excesses of political, social and, yes, religious fervor.

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Chief among those checks and balances was a process of judicial review through which all laws must stand the test of constitutionality; otherwise they are unenforceable Such reviews have resulted, among other things, in the overturning of school segregation, miscegenation laws, corporate monopolies and restrictive housing covenants aimed at religious and racial minorities.

Fifty million Frenchmen (and a majority of Utahns — the abysmally low percentage of those who vote, anyway) can be wrong, governor.

Rodney Johnson


Copyright 2014 The Salt Lake Tribune. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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