[jeffc]

Good!

Maybe more and more people are starting to realize that besides the "news" media and King Zero, SCOTUS is one of the biggest threats to the Constitution we have ever had to face. Their usurpation of powers far beyond those delegated to them by the Constitution is breathtaking.

[supercat]

SCOTUS is one of the biggest threats to the Constitution we have ever had to face.

One of the biggest problems is that people have lost sight of a few principles which should be axiomatic:

1. While legitimate Supreme Court decisions are the law of the land, that's not because the law of the land conforms to what the Court says, but rather because court decisions which are inconsistent with the Constitution are illegitimate.
2. Not every illegitimate act by government justifies a remedy.
3. The fact that a potentially-dubious act by government doesn't justify a remedy does not imply that it is legitimate.
4. For a government action to be legitimate, the person undertaking the action must be making a bona fide effort to act legitimately.

I've not seen much attention given to points #2 and #3, but their antithesis (i.e. that the lack of a remedy for a dubious action renders it legitimate) is what drives leftist incrementalism. Applying #2-#4 (noting in particular that a person must make a bona fide effort to actually act legitimately, as opposed to merely trying to act close enough to legitimately as to avoid censure) would be a major step in the right direction.