"The Constitution simply does not recognize any mechanism for action by the undifferentiated people of the Nation."
Not true if we had fully informed jurors, allowed to establish both the facts and the application of the law, in the cases before them.
Juries judging the Constitutionality of law in the case at hand would provide the mechanism for action 'by the people'.. -- [And impartial juries are guaranteed by the 6th Amendment]
Which is precisely why jury nullification is not allowed in most of our 'justice system'.
Clearly, the federal union is much less a union of the undifferentiated 'American people' than it is a union of the several States.
Why does anyone want States to have sovereign power over individuals, - over their rights to life liberty or property?
-- It's a counterintuitive puzzle.
Please tell me a Marxist liberal took control of your keyboard and posted this.
j: Not true if we had fully informed jurors...
What on earth are you talking about – some theoretical jury composed of the entire ‘American people?’ As even Mr. Chief Justice Marshall recognized, when the people act, they act in their individual States – not as a united or “undifferentiated” national mass.
Why does anyone want States to have sovereign power over individuals, - over their rights to life liberty or property?
-- It's a counterintuitive puzzle.
You seem to be pursuing a ‘straw man’ argument. I never suggested that I “want States to have sovereign power over individuals, - over their rights to life liberty or property.”
;>)