Should the US Supreme Court Decide Cases Based on the Constitution or on Fairness?

[Ragoczy]

The problem with "fair" is the definition changes within a society... and sometimes... only because the Supreme Court rulings.

Was segregation fair? It sure used to be.

But it really wasn't because it created two levels of "service" and two levels of expectations.

The other problem with fair is that the majority rules... and sometimes the "majority" is just those with a majority of money. Those who can dole out the most bucks in support of their own perspective of fairness. Right now in California, it is clear that the majority of the money thinks denying people the right to be married is fair.

It's more than money that can make the majority -- and I'm not sure which is worse: money or simple numbers. I do know that the tyranny of the majority is to be feared more than the tyranny of a dictator -- because with a dictator you only have to kill one guy, but killing most of your neighbors would make a horrible stink.

This is why pure Democracy is the most evil, repressive, repugnant form of government every devised.