The case for democracy is not esthetic.
The essence of constitutionalism in a democracy is not merely to shape and condition the nature of majorities, but also to stipulate that certain things are impermissible, no matter how large and fervent a majority might want them.
In democracy, as quaintly understood, voters pick their representatives. American democracy increasingly reverses that. Legislative districts are drawn to protect incumbents who, effectively, pick their voters.
[The World Trade Center and the Pentagon] have drawn, like gathered lightning, the anger of the enemies of civilization. Those enemies are always out there.... Americans are slow to anger but mighty when angry, and their proper anger now should be alloyed with pride. They are targets because of their virtues-principally democracy, and loyalty to those nations which, like Israel, are embattled salients of our virtues in a still-dangerous world.
Politics in a democracy is transactional: Politicians seek votes by promising to do things for voters, who seek promises in exchange for their votes.
Popularity makes no law invulnerable to invalidation. Americans accept judicial supervision of their democracy - judicial review of popular but possibly unconstitutional statutes - because they know that if the Constitution is truly to constitute the nation, it must trump some majority preferences.
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