Cited: Hitchens, Christopher. 2002. Why Orwell Matters. New York: Basic Books.
Note: This essay contains elements adapted from an essay I submitted for PL SC 320 (Amer. Politics Through Literature) with Professor Byron Daynes at BYU.
You’ll be happier when I’m gone
Much too busy to worry
I’ll be sad and you’ll feel bad
But I know you won’t be sorry
“Brick”
Ben Folds Five
Now that I have found someone
I’m feeling more alone
Than I ever had before
“Nothing Better”
The Postal Service
Man: Tell me am I right to think
That there could be nothing better
Than making you my bride and slowly growing old together
Woman: Don’t you feed me lies
About some idealistic future
How can I heal right if you keep tearing out the sutures?
“High and Dry”
Radiohead
Oh, it’s the best thing that you ever had
The best thing you had had is gone away
Don’t leave me high; don’t leave me dry
“Poison Oak”
Bright Eyes
And when I press the keys
It all gets reversed
The sound of loneliness makes me happier
On August 4, Federal District Judge Vaughn D. Walker overturned Proposition 8, the now-famous measure that amended the California constitution to ensure that the state would only sanction marriages between a man and a woman.
Many people have come out against the decision. One of the most popular arguments against the ruling is that Judge Walker showed blatant disregard for the will of the people.
“By overturning the original vote, Judge Vaughn Walker has merely shown that the courts no longer listen to the voice of the people”. – BYU Student as quoted in the Daily Universe
I understand the frustration. After all, many proponents of traditional family values, including The Church of Jesus Christ of Latter-day Saints, fought a difficult battle in California to ensure passage of Proposition 8. It can seem incredibly un-democratic that one man could quickly overturn something that millions had struggled to achieve. Democratic, however, is exactly what it is.
The judiciary does not exist to directly reflect the “will of the people”. “The people” do not elect judges. This is no accident. Judges are supposed to make their decisions based on the legal merit of the arguments, while respecting precedent and existing law, especially constitutional law. They are not supposed to be influenced by voters, businesses, or politicians. They don’t need to worry about who funds their campaign, whether their constituents will appreciate a certain ruling, or whether their party leaders will promote them to a coveted committee position for their performance.
An independent judiciary is an indispensable component of a strong American democracy. We believe that there are certain limits on all types of power – even the power of the will of people. This point is best illustrated by example. Imagine that the year is 2014 and there is a new proposition in California; let’s call it Proposition 13. Proposition 13 would make it a crime to say that homosexuality is a sin. The proponents would argue that when religious ministers or other say that homosexuality is a sin, they are using “hate speech” and attempting to incite violence against gays. The proposition passes by a sizeable margin, clearly demonstrating that the “will of the people” is to outlaw calling homosexuality a sin. Then, soon after passage, an LDS Bishop is arrested for the crime of saying that acting on homosexual desires is wrong – that it is a sin. His conviction is appealed and it reaches the 9th Federal District Court. The judge on the bench hears the arguments and then overturns Proposition 13. She writes that the proposition is in clear violation of the First Amendment, which bars the government from impeding the “free exercise” of religion. If a person’s belief, she argues, is that homosexual acts are wrong, then they have the right to express that belief.
In our example, this judge clearly acted against the will of the people. The majority of voting California citizens sent a clear message when they approved Proposition 13. How could she overturn the law? Doesn’t she believe in democracy? Where is the accountability?
One of the import roles of the judiciary is to defend the rights of minority groups. Tyranny of the Majority is a real threat, not some antiquated, elitist notion. Hugo Chavez, for example, has often enjoyed the support of the majority of Venezuelans as he has trampled on the media, sponsored political motivated arrests, and used public funds to buy lavish gifts for family members.
Perhaps an independent judiciary is not necessary if we seek to merely have a procedural democracy, but it is essential if we desire a substantive democracy. That is, we could eliminate independence of the judiciary if democracy to us means simply that the will of a large number of the citizens is often reflected in the actions of the government and that regular elections are held. However, if we believe that true democracy must exist with basic human, civil, and political rights intact, we must respect the role of judges.
I’m not defending Judge Walkers decision; I am defending his right to make it. Any argument against his decision should be made on legal grounds, not on the grounds that he should have had greater respect for public opinion. Judges don’t study the polls, and I hope they never do.
Notes:
Sometimes “it’s up to you” are the hardest words to hear
Deeply hidden insecurities cry out, they doubt
They yearn for instruction, direction, coercion
But it never comes. This time I’m on my own
I protests, struggle, wonder, crying, “Where art thou?”
And the answer comes, “I never abandon; I merely trust in you.”

Though I’m not married and I don’t have a baby on the way, I’ve been thinking about baby names recently. Which names do I like? Which first names create a pleasant cadence when combined with my last name? I like the idea of saving middle names as tributes to influential friends and relatives. Which ones will receive this tribute?
My Guiding Personal Preferences in Name Selection
1. I once shared a 9th Grade P.E. class with 5 other Adam’s. I’m not saying I don’t like my name, but I would like to select something a bit more rare when I pick my own children’s names.
2. I’m not a fan of names that seem overbearingly masculine (Thor, Steele, etc.)
3. I think names should be spelled as intuitively as possible. The originality should be sought in the name itself, not in the spelling.
4. I don’t plan to have an Adam Jr.
Boys:
Elliott
Note: I’m partial to the double-l, double-t spelling.
Pro: Elliott is relatively uncommon, but not unheard-of name. The name also has a prestigious musical legacy thanks to the band Elliott and the singer-songwriter Elliott Smith.
Con: It’s a name that would be commonly misspelled. I don’t know if I want my son to have to constantly correct the spelling of his name. In addition, Elliott Smith ended a famed music career by committing suicide (or by being murdered, depending on who you ask) after relapsing into heroine addiction. I’m no superstitious, but the name might carry a negative connotation to some people.
Holden
Pro: Holden Fine has a great cadence. The name seems to be so old-fashioned that it’s suddenly modern again. After all, Names, like fashion or music, come and go in cycles. Another name that I like that seems to be after the same tradition is Nolan.
Con: Would Holden be plagued by Catcher in the Rye references his entire life?
Hyrum
Pro: Solid man’s name, without the overbearing masculinity I mentioned. I have deep respect for Hyrum Smith, the unceasingly faithful, loyal, humble, and loving brother of the prophet Joseph.
Con: I supposed it might expose my son to anti-Mormon bigotry. Of course, this is something any faithful member of the church faces, but it adds another dimension if he could be discriminated in college and job applications, before he has the chance to prove his worth in person. I’m kind of just scrambling for a “con” here.
Girls:
Erin
Pro: The name is short, simple, and beautiful.
Con: I have an uncle and good friend named Aaron.
Amber
Pro: I love the sense of radiance that the word “amber” conjures. I also had the sense that the name was fairly uncommon, but according the Census Bureau, it was the 15th most popular name in 1988, my birth year.
Con: Do people like being named after fossilized resin?
Addison
Pro: A very cute name. It seems simultaneously playful and dignified.
Con: “What was that? Allison?”
I enjoy brainstorming, but, in the end, I’m grateful that I won’t be making these decisions alone. :)