The framers never considered that the Supremes would/could generate a climate where whatever THEY said was law.. Currently whatever 5 of the Supremes say is law, is the law.. A Coup D'ambulance chaser.. or Coup D'Shyster...
The framers never considered that the Supremes would/could generate a climate where whatever THEY said was law..
Most rational people realize that USSC decisions are NOT the law. - Congress, States, and ultimately the people decide what the law is, [ as per the 18th Amendment] not the Court.
Our authors premise is flawed. Our Repubilc is not in danger from "Evolutionary Humanism", imho. I see the bigger danger much as Arthur Koestler:
"- The continuous disasters of man's history are mainly due to his excessive capacity and urge to become identified with a tribe, nation, church or cause, and to espouse its credo uncritically and enthusiastically, even if its tenets are contrary to reason, devoid of self-interest and detrimental to the claims of self-preservation.
The historical record confronts us with the paradox that the tragedy of man originates not in an excess of individual self-assertiveness," - but in a malfunction of the affiliative, group tendencies of our species; - "an excess capacity for fanatical devotion. --"
Currently whatever 5 of the Supremes say is law, is the law.. A Coup D'ambulance chaser.. or Coup D'Shyster...
The real shysters, in my view, are those among us who insist that majority opinion rules, that it [or Courts] can trump the Constitution.