Comment Re:Judicial control is what was missing (Score 1) 146
The courts are not supposed to be above public opinion. This was and is supposed to be a nation for the people, by the people, of the people.
Laws are passed based on public opinion. Courts judge them based on the Constitution. Lady Liberty has a blindfold for a reason. If enough people feel strongly enough about an issue that is deemed unconstitutional, then the Constitution may be amended. For example, California held an election to in which the public opinion banned gay marriage. A court deemed that unconstitutional. Arizona has passed laws on immigration that were supported by public opinion that the court deemed unconstitutional.