The Ultimate Source Of Law Is The Constitution, Not Current Majority Public Opinion
As discussed in our last article, there is an inherent tension between two of our key democratic principles, the will of the people and the rule of law. Comments to recent news articles in national publications call attention to this tension. One comment read: “We the People seem to have no power at all over the law.” Another read: “The current makeup of the court simply does not reflect majority public opinion on most issues. It is completely out of balance.” And a third: “This is what happens when ordinary people lose faith in Justice under the Law. Eventually, frustrated or misinformed, they take matters into their own untrained yet still angry hands.”