Passion without knowledge leaves one easy prey for demagogues and partisan excesses. In an effort to fight this, we’re going to take a tour of the Supreme Court, more specifically the nine justices and a short detail of what makes each one distinct. I am by no means an expert, but this is a good starting point for anyone who wants to know who’s who on the highest court in the land. We’ll start at the Court’s progressive end and work right, as those terms are generally defined.
Beyond absolving the legislature of their oaths to the Constitution by putting that question entirely in an unaccountable Supreme Court, a third argument against judicial review is laid out in Thomas Paine’s Rights of Man.
In 1875, at the tail end of Reconstruction, Congress passed a Civil Rights Act which banned racial discrimination in public amenities. It made its way to the Supreme Court, which ruled the act unconstitutional in 1886’s Civil Rights Cases...The underlying legal decision from the Civil Rights Cases remains good law, even if it has been subverted in effect. Since that underlying legal decision has become incredibly important, this is problematic."