I am not the "stupid" person in this debate, sorry! The State, regardless of the context you are using, does NOT have purview over The People! I'm sorry you think we live in a goddamn COMMUNIST nation, but this is the United States of America! The "government in general" follows the commands and will of the American people, WE ARE "The Government" here! WE establish the laws and the government is obligated to uphold those laws, that is their ONLY fucking interest, doing whatever WE THE PEOPLE tell them to do, not the other fucking way around! Sorry you were misinformed about this, your professor, Mr. Marx, obviously dropped the ball on your education.
You are supporting the collectivist/communist position. The power of the state comes from the majority in this nation, but it is limited in its scope by individual rights. You do not understand limited government concepts and you are demanding unlimited power for the state.
Your understanding is not that of the courts and never has been. Your position is that of the socialist nations.
How about all of them which pertain to "Liberty?" You are suggesting we allow a panel of judges determine our laws, as opposed to The PEOPLE getting a voice and a vote! That's really more similar to Hitler's Nazis than Libertarianism, or anything we've ever condoned in America.
Liberty does not end at the ballot box, you idiot. It does not begin there either. You are clueless about the principles upon which this nation was founded, what liberty means and libertarianism.
Your side...
It is thus necessary that the individual should finally come to realize that his own ego is of no importance in comparison with the existence of the nation, that the position of the individual is conditioned solely by the interests of the nation as a whole... that above all the unity of a nation's spirit and will are worth far more than the freedom of the spirit and will of an individual. .... This state of mind, which subordinates the interests of the ego to the conservation of the community, is really the first premise for every truly human culture .... we understand only the individual's capacity to make sacrifices for the community, for his fellow man. - Adolf Hitler
Society's needs come before the individual's needs. - Adolf Hitler
"Comrades! We must abolish the cult of the individual decisively, once and for all." - Nikita Khrushchev
"All our lives we fought against exalting the individual, against the elevation of the single person, and long ago we were over and done with the business of a hero, and here it comes up again: the glorification of one personality. This is not good at all." - Vladimir Lenin
"We must stop thinking of the individual and start thinking about what is best for society." - Hillary Clinton
My side...
"Wherever the real power in a Government lies, there is the danger of oppression. In our Governments the real power lies in the majority of the community, and the invasion of private rights is chiefly to be apprehended, not from acts of Government contrary to the sense of its constituents,
but from acts in which the Government is the mere instrument of the major number of the Constituents." -- James Madison, in a letter to Thomas Jefferson, 1788
"The majority, oppressing an individual, is guilty of a crime, abuses its strength, and by acting on the law of the strongest breaks up the foundations of society." --Thomas Jefferson to Pierre Samuel Dupont de Nemours, 1816
In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature. - James Madison, Federalist No. 52, February 8, 1788