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to be closer to the OP, this is really a failure of the supreme court in upholding the constitution. As evidenced by thomas jefferson so long ago......
"The Constitution is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please." [Sept 6, 1819]
"You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarcy...The Constitution has erected no such single tribunal...knowing that to whatever hands confided, with corruptions of time and party, its members would become despots." [Sept 28, 1820 letter to William Jarvis]
"The germ of dissolution of our federal government is in the constitution of the federal Judiciary."
it's really our own fault since we didn't hold our legislators totally responsible and demand removal of judges who ruled arbitrarily against the constitution.
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"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him."
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