Looks like @ryanlcooper wrote the piece I was planning to write. Anyway, it& #39;s crazy how deeply Americans have confused "the rule of law" with a form of strong judicial review that is relatively rare and an unconstitutional fabrication of a self-aggrandizing judiciary. https://twitter.com/jbouie/status/1308396535458279425">https://twitter.com/jbouie/st...

A good system that works is to allow the elected branches of government pass legislation that most citizens want with little fear of a veto by an unelected panel of oracles dominated by representatives of minority and corporate interests. Sounds crazy, I know.

Conservatives will try to persuade you that transitioning toward normal representative democracy means descending into authoritarian chaos. It doesn& #39;t. It means ascending to the possibility of approaching the realization our basic ideals of liberty and equality.

But the GOP as currently constituted represents a shrinking minority of the population (including rent-gobbling corporate fatcats). So it gets its panties in a raging twist if you deign to question the anti-majoritarian mechanisms that allow them to trample over the majority.

There& #39;s a strong motive there to cast majoritarian democracy as inconsistent with the "the rule of law" when majorities seem likely to produce law against the minority& #39;s interests. Preservation of the minority& #39;s supremacy is treated as a condition for the system& #39;s legitimacy.

We get tons of convoluted "republic not a democracy" arguments and fancy scholastic footwork arguing that it& #39;s good and right that the minority party should enjoy huge structural advantages, but it& #39;s all sophism more or less wittingly about maintaining unequal factional power.

It& #39;s simple in principle to say, "I worry I& #39;d be worse off in an fair system, so let& #39;s just keep it unfair, please." But nobody likes to see themselves as self-interested defenders of unfairness or to admit to cashing in on injustice. Which leaves a lot of demand for apologetics.