The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts. . . . [F]undamental rights may not be submitted to vote; they depend on the outcome of no elections.
Justice Robert Jackson
West Virginia State Board of Education v. Barnette (1943).
Via George Will’s Constitution.
[It didn’t quite work out that way. Can we get a do-over? I think we need to have a mechanism whereby there are serious repercussions to the people who vote for a law that is found to be unconstitutional.—Joe]