“Why is it that our common language, so easy for any other use, becomes obscure and unintelligible in contracts and wills, and that a man who expresses himself so clearly, whatever he says or writes, finds in this field no way of speaking his mind that does not fall into doubt and contradiction? Unless it is that the princes of this art, applying themselves with particular attention to picking out solemn words and contriving artificial phrases, have so weighed every syllable, so minutely examined every sort of combination, that they are at last entangled and embroiled in the endless number of figures and in such minute partitions that they can no longer fall under any rule or prescription or any certain interpretation.” ― The Complete ESSAYS OF MONTAIGNE, Translated by Donald M. Frame, Stanford University Press, Stanford, California; Copyright 1943 by Donald M. Frame, renewed 1971. Copyright © 1948, 1957, and 1958 by the Board of Trustees of the Leland Stanford Junior University, Page 816.
“But a judicialized politics tries to bypass public consent. Profoundly anti-democratic when it goes beyond vindicating the fundamental rights of citizenship, judicial politics alienates voters by placing public policy in the private hands of lawyers and litigants. And because rights are absolute, it polarizes by producing winner-take-all outcomes, in which the losers tend to feel embittered. The politics of rights displaces the Bill of Rights and subverts the constitutional design for self-government. In effective democratic politics, opponents must rely upon a public process of persuasion and deliberation; the politics of rights replaced that process with a judiciary whose swollen powers brought disrepute to the essential notion of rights even as it undermined public trust in government. Abraham Lincoln anticipated the plight of the 1988 voters [and all who have followed] in his first inaugural address: “If the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation … the people will have ceased to be their own rulers [and armed revolution will follow sooner or later].” ─ The Revolt Against the Masses, copyright © 2013 by Fred Siegel, Encounter Books, Page 176.