It is the fundamental theory of all the more recent American law...that the average citizen is half-witted, and hence not to be trusted to either his own devices or his own thoughts.
I think the archaic idea is actually winner take all, because the principle of "one person, one vote" is a principle that was introduced as a fundamental principle in American law in 1962, long after states had moved to "one person, one vote."
Law is a process. If there is equality of process for everybody, then that's our definition of justice. Whether or not what is done is right or wrong, you follow the process. And so, the end result is just by definition within that alternative universe that is American law. Most people still operate within a moral universe where principles of good and bad and what is right and wrong in itself, and not just as a result of the process.
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