Justice Scalia’s Majoritarian Theocracy

The logic of his position is that the Supreme Court should get out of the business of enforcing the Constitution altogether, for enforcing it overrides legislation, which is the product of elected officials, and hence of democracy. The model he appears to be embracing is that of the traditional British Constitution; until recently, Parliament was deemed to be Britain’s “supreme court.” It could overrule judicial decisions, but courts could not invalidate parliamentary legislation.
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