It is only from a common culture (customs and values) that a form of governance called democracy (the will of the people) can work. From the will of the people will come generally agreed upon and enforceable laws.
Under the “rule of law” no one individual is above the will of the people as enacted in its laws. The agents of the will of the people make the laws and the judiciary administers said laws.
If the territory devolves from containing a single culture to a territory occupied by multiple cultures (value systems), then the laws do not have the same general authority as those enacted by a common culture. These laws tend to be mere expedients agreed upon by the various political constituencies at a particular moment in time. But the people long for a common thread in their governance, so they put their trust in “The Courts.”
Inevitably, this will lead to a court rationale that any law can be unilaterally amended by the court if it believes that any party before it - with special status - is aggrieved by it.
Some of the choices to fill the vacancies (Sotomayor, comes to mind) on the Supreme Court are examples of how the court can be corrupted. What is breathtaking is that such choices are so nakedly political.
Beware the judicial establishment. Let no one say that they have not shown their hand. They have made their intentions clear. They intend on assuming ownership of the Constitution.






