[Antoninus]

Many things that were considered constitutional in the past would not be today through either amendments and SCOTUS decisions.

So you've got no problem with rule by judicial fiat then, right? Why bother with elections at all in that case?

[JeffAtlanta]

So you've got no problem with rule by judicial fiat then, right?

Sometimes legislators pass laws that are unconstitutional. Sometimes the courts get it wrong - the Campaign Finance Reform law is one the courts should have caught but didn't.

If a state government passes a law that legalizes slavery, do you think that it should go unchallenged?