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marcusverusyesterday at 3:12 PM1 replyview on HN

The power of the judiciary to "interpret" the constitution was a huge chink in the armor of the Constitutional order. A handful of unelected judges can effectively amend the constitution via simple majority, but can only be "overruled" by the people if there is extremely broad opposition (as a constitutional amendment requires 2/3 of both houses)--which is, of course, a total inversion of the democratic-republican principles which brought our country into being. The practical effect is that, while the people have some limited democratic control over the government, control of the state has been wrested away from them by the Judiciary. This was fine so long as the Judiciary saw themselves as honest arbiters of the constitutional order, but the moment the Judiciary began to see themselves as architects rather than mere arbiters, the constitutional order was at an end.


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mothballedyesterday at 3:19 PM

The check elected officials have on this is to pack the courts. This is what FDR threatened to do to get through (at the time unconstitutional, now magically "not") a bunch of popular legislation.

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